• About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service
Friday, September 11, 2026
The Kashmir Horizon
EPAPER
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
No Result
View All Result
Home Latest Update

Article 35A snatched key right from J&K Non-Residents, Indian constitution on higher platform than J&K constitution : Supreme Court

Agencies by Agencies
August 29, 2023
in Latest Update
A A
All-women bench to hear matters in SC
Share on FacebookShare on TwitterWhatsappTelegramEmail

New Delhi|Aug,29:  Article 35A of the Constitution has deprived people not residing in Jammu and Kashmir of some key constitutional rights, Chief Justice of India DY Chandrachud has sais. Equality of opportunity, employment in the state government and right to buy land — “all this this article snatches away from citizens… Because the residents (of Jammu and Kashmir) had special rights, the non-residents were excluded,” he said. He also agreed with the Centre that the Indian constitution is a document that is “on a higher platform than the J&K Constitution”. His observations came during the 11th day of hearing of the petitions challenging the scrapping of Article 370, which granted Jammu and Kashmir its special status.

Article 35A, which was also scrapped in August 2019 along with Article 370, allowed the legislature of the erstwhile state to define “permanent residents” and provide them with special rights and privileges in terms of public employment, immovable property and settlement.

“There is a direct right under Article 16(1) which was taken away was employment under the state government. Employment under the State Government is specifically provided under Article 16(1). So while on the one hand Article 16(1) was preserved, on the other hand, Article 35A directly took away that fundamental right and was protected from any challenge on this ground,” the Chief Justice said.

Similarly, Article 19 recognizes the right to live and settle in any part of the country. “Hence all the three fundamental rights were essentially taken away by 35A… Power of judicial review was taken away,” he added.

Providing a level playing field has been one of Centre’s key arguments in scrapping the special status of Jammu and Kashmir.  
Arguing on behalf of the Centre, Solicitor General Tushar Mehta said the move has put the people of Jammu and Kashmir on par with the rest of the country. It implements all those welfare laws which were not implemented earlier in Jammu and Kashmir.

As example, he cited the constitutional amendment that added Right to Education. “Any amendment made to the Indian Constitution would not apply to Jammu and Kashmir until it was invoked through Article 370… So Right to Education was never implemented in Jammu and Kashmir till 2019, because this route was not followed at all,” he said.Justice Chadrachud cited Mr Mehta’s earlier example of the amendment of the Preamble. “That’s why secularism and socialism amendment was never adopted in Jammu and Kashmir,” he said.

Agencies

Agencies

Related Posts

4 MBBS Seats Reserved Under Central Pool For Kin Of Terror Victims; JK BOPEE Invites Applications

4 MBBS Seats Reserved Under Central Pool For Kin Of Terror Victims; JK BOPEE Invites Applications
by KH Web Desk
September 11, 2026

Srinagar, Sep 11 (GNS): The Jammu and Kashmir Board of Professional Entrance Examinations (BOPEE) has invited offline applications for allocation...

Read moreDetails

Bear mauls man in Shopian’s apple orchard

45-year-old woman mauled to death by bear in Kulgam village
by KH Web Desk
September 11, 2026

Srinagar, Sep 11: A 40-year-old man was injured after being attacked by a wild bear in an apple orchard in...

Read moreDetails

Police attach assests worth Over Rs 6.22 crores of drug peddlers in Srinagar 

Police attach assests worth Over Rs 6.22 crores of drug peddlers in Srinagar 
by KH Web Desk
September 11, 2026

Srinagar, September 11: Continuing its sustained and resolute crackdown against drug trafficking and the financial networks of narcotics offenders, Srinagar...

Read moreDetails

IGP Kashmir visits Kulgam, Shopian districts; reviews Security, Crime, Counter-Terrorism operations 

IGP Kashmir visits Kulgam, Shopian districts; reviews Security, Crime, Counter-Terrorism operations 
by KH Web Desk
September 10, 2026

Kulgam, September 10​: Inspector General of Police, Kashmir Zone, Sujit Kumar-IPS today visited twin districts of South Kashmir including Kulgam...

Read moreDetails

J&K Govt Tightens Vehicle Entry, Parking Rules at Srinagar Civil Secretariat Ahead of Assembly Session

J&K Govt Tightens Vehicle Entry, Parking Rules at Srinagar Civil Secretariat Ahead of Assembly Session
by KH Web Desk
September 10, 2026

Srinagar, Sept 10: The Jammu and Kashmir administration has tightened regulations governing vehicle entry and parking at and around the...

Read moreDetails

‘Historical fact, no need to apologise’: CM Omar defends Tanvir Sadiq’s ‘Pyajama’ remark

CM Omar Abdullah congratulates Auqib Nabi on India Test call-up, says selection is a proud moment for J&K
by KH Web Desk
September 10, 2026

Srinagar, Sep 10: Jammu and Kashmir Chief Minister Omar Abdullah on Thursday defended National Conference chief spokesperson Tanvir Sadiq over...

Read moreDetails

About

The publication of “Kashmir Horizon” as an English daily was started with a modest attempt on May 19, 2008.It has been a Himalayan attempt for “The Kashmir Horizon” to survive the challenges posed to journalism in the violence fraught place like Jammu & Kashmir.

MORE

Search in Archive

DIGITAL EDITION

  • About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service

© The Kashmir Horizon - Designed by Gabfire

No Result
View All Result
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper

© The Kashmir Horizon - Designed by Gabfire

✕
The Kashmir Horizon

FREE
VIEW