Article 35A JandK non-residents do not have their most important rights: the Supreme Court 

“Article 35A has taken away many fundamental rights of citizens – employment, equal opportunities and the right to own property have been taken away from those who do not live in Jammu and Kashmir,” said Chief Justice Chandrachud.

Chief Justice of India DY Chandrachud today said that Article 35A of the Constitution denied certain constitutional rights to the people of Jammu and Kashmir. Equal opportunities, employment in the state government and the right to buy land – “all this article takes away from the citizens… Because the residents (of Jammu and Kashmir) had special rights, the non-residents were left out.” he said. He also agreed with the Center that the Constitution of India is a document that is “superior to the Constitution of JandK”. His remarks came on the 11th, when petitions challenging the abrogation of Article 370, which granted special status to Jammu and Kashmir, were heard.

Article 35A, repealed in August 2019 along with Article 370, allowed the previous state legislature to define “permanent residents” and grant them special rights and privileges in public works, real estate and housing.

“Article 16(1) is a direct right taken away from employment under the State Government. Employment under the State Government is expressly provided for in Article 16(1). Thus on the one hand Article 16(1) was preserved on the other hand Article 35A which directly took away this that fundamental right and was protected against all writs granted on this basis,” the Supreme Court said. Similarly, Article 19 recognizes the right to live and settle in any part of the country. “Hence, 35A has effectively taken away all the three fundamental rights… Judicial review has been taken away,” he added.

Providing a level playing field was one of the Centre’s central arguments for scrapping the special status of Jammu and Kashmir.

Advocate General Tushar Mehta, arguing for the Centre, said the move brought the people of Jammu and Kashmir at par with the rest of the country. It will implement all social legislations that were not implemented earlier in Jammu and Kashmir