• Contact Us
  • About
  • Advertise
  • Careers
Thursday, September 28, 2023
Kashmir Dot Com
  • Home
  • Kashmir
  • Jammu
  • World
  • Politics
  • Opinion
  • Business
  • Health
  • Contact Us
  • Login
No Result
View All Result
  • Home
  • Kashmir
  • Jammu
  • World
  • Politics
  • Opinion
  • Business
  • Health
  • Contact Us
No Result
View All Result
Kashmir Dot Com
No Result
View All Result
Home National

By enacting Article 35(A), you virtually took away fundamental rights: CJI

Kashmir Dot Com by Kashmir Dot Com
August 29, 2023
0
SC asks Attorney General to look into suspension of J&K lecturer who argued against abrogation of Article 370
0
SHARES
42
VIEWS
Share on Facebook
NEW DELHI: Chief Justice of India D Y Chandrachud on Monday observed that by enacting Article 35A, fundamental rights of equality, liberty to practice profession in any part of the country and others were virtually taken away.
He made the remarks after Solicitor General Tushar Mehta, appearing for the Centre, referred to the contentious provision in the Indian Constitution, saying it gave special rights to only permanent residents of the erstwhile state of Jammu and Kashmir and was discriminatory.
Without naming the two mainstream political parties of the erstwhile state, the Centre told a five-judge bench headed by CJI Chandrachud that citizens have been misguided that the special provisions for Jammu and Kashmir were “not discrimination but a privilege”.
“Even today two political parties are before this court defending Article 370 and 35A,” the solicitor general told the top court on the 11th day of hearing the litany of pleas challenging the abrogation of the constitutional provision which bestowed special status to the erstwhile state of J-K.
The solicitor general further submitted that the effect of Article 370 was such that by the administrative act of the President and the state government, any part of the Constitution of India with respect to J-K can be amended, altered or even “destroyed” and new provisions can be created.
He said that after the 42nd amendment, the words “Socialist” and “Secular” were not made applicable to Jammu and Kashmir.
“Even the word “Integrity” is not there. Fundamental duties were not there, which exists in the Indian Constitution.
 “The Jammu and Kashmir Constitution provided for a separate provision for permanent residents of J-K in Article 7. It removed references to Scheduled Tribes from Article 15(4). Other Articles 19, 22, 31, 31A and 32 were applied with some modifications…,” Mehta said.
On Article 35A, he said it was discriminatory, to say the least.
“Under the provision (A-35A), people like sanitation workers working in the erstwhile state for decades were not given equal rights like that of permanent residents of J-K.
“This discrimination continued till the provision was abrogated in 2019. Non-permanent residents of J-K were not able to purchase lands, could not avail scholarship, employment in the state government,” he said, urging the court to look into issues from the “eyes of people”.
CJI Chandrachud deciphering Mehta’s submissions said that by enacting Article 35A, “you virtually took away fundamental rights” of equality, liberty to practice profession in any part of the country and even granted immunity from legal challenges and the power of judicial review.
The Solicitor General said, “People were misguided by those – who were supposed to guide them – that this was not a discrimination but a privilege. Even today two political parties are before this court defending Article 370 and 35A.”
Mehta submitted that the Constitution of Jammu and Kashmir needed to be repealed because it could not co-exist with the Indian constitution.
The apex court also prima facie agreed with the Centre’s submission on pleas challenging the abrogation of Article 370 that the Constitution of Jammu and Kashmir is “subordinate” to the Indian Constitution, which is on a higher pedestal.
The bench, however, did not seem to agree with the plea that the Constituent Assembly of the erstwhile state, which was disbanded in 1957, was in reality a legislative assembly.–(PTI)
ShareTweetSendSharePinShare
Previous Post

Lt Governor releases Shri Kailakh Jyotish Vedic Sansthan’s publication ‘Saral Sanskrit Bodh’

Next Post

Missing 7-year-old boy mauled to death in suspected wild animal attack in Bandipora

Related Posts

Lt Governor addresses seminar on great social reformer Swami Sahajanand at Ghazipur

Lt Governor addresses seminar on great social reformer Swami Sahajanand at Ghazipur

September 27, 2023
Bharti Foundation has been recognized as ‘India’s Best Workplaces™️ for Women 2023’ consecutively for the second year

Bharti Foundation has been recognized as ‘India’s Best Workplaces™️ for Women 2023’ consecutively for the second year

September 27, 2023

PM Modi, Kharge, Rahul, Stalin greet ex-PM Manmohan Singh on his birthday

September 26, 2023

Ahmedabad court acquits 2 Kashmiri clerics accused of planning terror attacks in 2006

September 23, 2023

Visa Authority suspends Indian visa for Canadian residents

September 21, 2023

PM Modi launches PM Vishwakarma Scheme

September 17, 2023
Next Post
Minor boy killed in Leopard attack in Handwara

Missing 7-year-old boy mauled to death in suspected wild animal attack in Bandipora

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

ADVERTISEMENT

LATEST NEWS

Srinagar Police Chief Rakesh Balwal Repatriated To Manipur Cadre

ABDM, SHA J&K get recognition for remarkable contributions to healthcare

Two students of SP College secure 4th position in Traffic Hackathon-2022

Div Com Kashmir takes departmental review of Employment, Social Welfare departments

SKICC celebrates World Tourism Day

Lt Governor addresses seminar on great social reformer Swami Sahajanand at Ghazipur

4000 vacancies of constables created after recruitment handed to separate agency: DGP

Bharti Foundation has been recognized as ‘India’s Best Workplaces™️ for Women 2023’ consecutively for the second year

SPO Killed; 2 cops, teacher injured as police van falls into gorge in Ramban

No incident of Drone dropping in Rajouri: Police

ADVERTISEMENT

About Us

Kashmir Dot Com (KDC) is J&K's premier News Agency having a vast reach of audience.

Kashmir Dot Com is a News Agency based in Srinagar, J&K that offers syndicated multimedia news feed to plethora of news-bureaus in J&K and beyond. We also provide a range of facilities from foreign and domestic channels to package their reports in Jammu and Kashmir. We cover almost all areas of interest in J&K to viewers including news, entertainment, and life styles, bussiness, sports, human-interest features and social and developmental issues.

KDC can well and truly take pride in the legacy of it's work, and in it's contribution towards the building of a free and fair Press in Jammu and Kashmir.

Category

  • Business
  • Entertainment
  • Health
  • JAMMU
  • Kashmir
  • Lead
  • National
  • Opinion
  • Politics
  • Science
  • Sports
  • Tech
  • Uncategorized
  • World

Company Info

  • Contact Us
  • About
  • Advertise
  • Careers
  • Contact Us
  • About
  • Advertise
  • Careers

© 2020 KDC

No Result
View All Result
  • Home
  • Kashmir
  • Jammu
  • World
  • Politics
  • Opinion
  • Business
  • Health
  • Contact Us

© 2020 KDC

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In