By invoking Article 35(A), you have virtually taken away fundamental rights: CJI IG News

New Delhi, Aug 28 (PTI) Chief Justice of India (CJI) DY Chandrachud on Monday said that by invoking Article 35A, equality, freedom to seek employment in any part of the country and other fundamental rights were virtually taken away.

The CJI made the remarks when Solicitor General Tushar Mehta, appearing for the Centre, referred to a controversial provision of the Indian Constitution that gives special rights only to permanent residents of the erstwhile state of Jammu and Kashmir and is discriminatory.

Without naming the two mainstream political parties of the erstwhile state, the Center told a five-judge constitution bench headed by CJI Chandrachud that citizens have been misled that the special provisions for Jammu and Kashmir were ‘not discrimination but a privilege’.

On the 11th day of hearing of petitions challenging the repeal of the constitutional provision that gave special status to the erstwhile state, the Solicitor General told the apex court, “Even today two political parties are defending Articles 370 and 35A before this court.” ‘

CJI Chandrachud clarified Mehta’s arguments that by invoking Article 35A you have virtually taken away the fundamental rights of equality, freedom to practice in any part of the country and even immunity from legal challenges and the power of judicial review Also provided.

Bhasha Suresh Shobana


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