By enacting Article 35(A), you virtually took away fundamental rights: CJI
New Delhi (PTI): 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.
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Heavy rain, hailstorms lash parts of Uttarakhand; all districts put on high alert
Dehradun (PTI): Heavy rain and hailstorms accompanied by strong winds lashed several districts of Uttarakhand on Sunday morning, prompting the state administration to put all district authorities on high alert.
The sudden change in weather caused uprooted trees to block roads and disrupted power supply at various locations.
Disaster Management and Rehabilitation Secretary Vinod Kumar Suman chaired a review meeting with district officials to assess the situation.
The India Meteorological Department (IMD) has forecast light to moderate rain and thunderstorms at most places across all districts for Monday and Tuesday. Snowfall is expected in regions situated at altitudes of 4,000 metres and above.
An 'orange alert' remains in place for Dehradun, Haridwar, Tehri, Pauri, Nainital, Champawat, and Udham Singh Nagar. These districts are likely to witness isolated heavy rain, hailstorms, and intense to very intense spells of rain accompanied by gusty winds reaching speeds of 40-50 kmph, the IMD said.
The weather office predicted that maximum temperatures across the state are likely to fall by 3-5 degrees Celsius over the next three to four days. During the past 24 hours, maximum temperatures remained "markedly below normal" in the plains and ranged from "markedly" to "appreciably" below normal in the hilly regions.
Dehradun experienced dark, overcast skies early Sunday, creating night-like conditions during morning hours. The city recorded a maximum temperature of 34.7 degrees Celsius, 5.3 degrees Celsius below the seasonal average.
For the state capital, the forecast predicts a partly to generally cloudy sky with a high of 31 degrees Celsius and a low of 19 degrees Celsius.
Significant rainfall was recorded across the state after 8.30 am on Sunday, with Jollygrant receiving 21.6 mm and Mohakampur recording 19.8 mm. Other areas, including Mukteshwar (15.0 mm), Mussoorie (13.4 mm), and Pithoragarh (8.5 mm), also saw measurable precipitation.
Secretary Suman directed officials to clear blocked roads on priority to ensure public convenience. Specific instructions were issued regarding the Char Dham Yatra, ordering that helicopter services must operate strictly according to weather conditions to ensure pilgrims' safety.
Isolated places in the remaining hilly districts are also expected to experience thunderstorms with lightning and intense rain spells.
