Article 35A deprived Jammu and Kashmir non-residents of fundamental right: Supreme Court

Article 35A used to allow the Jammu and Kashmir state's legislature to define "permanent residents" of the state and also provided special rights and privileges to those permanent residents, through the presidential order.

CJI DY Chandrachud | Photo courtesy: Wikipedia

CJI Chandrachud said as quoted by NDTV "There is a direct right under Article 16(1) which was taken away was employment under the state government. Employment under the State Government is specifically provided under Article 16(1).

"So while on the one hand Article 16(1) was preserved, on the other hand, Article 35A directly took away that fundamental right and was protected from any challenge on this ground." (sic)

CJI Chandrachud made the comment during the hearing of the petition challenging the scrapping of Article 370.

Mentioning Article 19 which gives people of India the right to live and settle in any part of the country, the CJI said, " Hence all the three fundamental rights were essentially taken away by 35A... Power of judicial review was taken away."

Supreme Court | Photo courtesy: Wikipedia

Citing Right to Education, Solicitor General Tushar Mehta, who argued for the Centre, said the Modi  government's step to scrap both Articles 370 and 35A levelled Jammu and Kashmir with the rest of the vast country.

Modi govt's bold Kashmir step in 2019

Soon after getting re-elected for the second term with a brute majority in May 2019, Prime Minister Narendra Modi and his government scrapped Articles 370 and 35A leading to massive political ramifications, fulfilling the ruling Bharatiya Janata Party (BJP)'s poll promise of decades.

With the decision, the politically-volatile and terrorism wracked Jammu and Kashmir, a bone of contention and military disputes for over seven decades between two nuclear armed neighbours of India and Pakistan, lost the enjoyment of any special status with the Modi government's move to integrate the Muslim-majority region with the rest of the country and bifurcate the state into two.

Jammu and Kashmir | Photo courtesy: Pixabay

Articles 370 and 35A in brief

Article 370 used to allow Jammu and Kashmir to have its own constitution, flag and right to handle its own laws except on matters that impact national security.

Article 35A used to allow the Jammu and Kashmir state's legislature to define "permanent residents" of the state and also provided special rights and privileges to those permanent residents, through the presidential order.