Article 370 case Supreme Court hearing: ‘35A took away fundamental rights’, says CJI Chandrachud
Article 35A of the Indian Constitution that was scrapped in 2019, ‘took away fundamental rights’. The CJI made the comments during the hearing of petition challenging the abrogation of Jammu and Kashmir's special status. A Supreme Court bench comprising Chief Justice of India DY Chandrachud, and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant for the eleventh day on Monday, continued hearing petitions challenging the Centre's decision to repeal the special status of Jammu and Kashmir by diluting Article 370 and Article 35A.
In 2019, union Home Minister Amit Shah proposed that Article 370 and Article 35A be scrapped. The then President Ram Nath Kovind issued an order, the Constitution (Application to Jammu and Kashmir) Order, 2019, stating that the provisions of the Indian Constitution will henceforth be applicable to Jammu and Kashmir, which according to experts brought the northern state ‘at par’ with other states of India. PDP president Mehbooba Mufti was placed under preventive house arrest, along with other PDP leaders in 2019.
Lockdown like situation was imposed in Jammu and Kashmir as tension erupted in the state, with residents protesting the decision. During the hearing on petitions challenging the abrogation of Article 370, the matter was raised to remove Article 35A. CJI Chandrachud on Monday noted that ‘35A took away three fundamental right’.
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