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Article 35A denied fundamental rights to Jammu-Kashmir people: Supreme Court

The remarks followed during the Day 11 hearing on a batch of petitions challenging the abrogation of Article 370 in the context of erstwhile state of Jammu and Kashmir. 

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Article 370 hearing: Supreme Court seeks timeframe to restore Jammu-Kashmir statehood, Centre to respond on Thursday

Chief Justice of India DY Chandrachud on Monday noted that Article 35A of the Indian Constitution denied fundamental rights of the people of Jammu and Kashmir. The remarks followed during the Day 11 hearing on a batch of petitions challenging the abrogation of Article 370 in the context of erstwhile state of Jammu and Kashmir. 

The Chief Justice told Solicitor General Tuashar Mehta that the 1954 order applied to the entirely Part 3 of the Indian Constitution and therefore Article 16, 19 applied to them. He added that if he looks at the 1950 order, it applies Part 3, but when Article 35A is put forth it creates exceptions in three areas: employment under state government, acquisition of immovable properties and settlement in the state. 

He further continued that though Part 3 is applicable in the same vein, when Article 35A is introduced it is taking away three fundamental rights: Article 16(1), Article 19(1)(f) the right to acquire immovable property, Article 31, and settlement in the state, which was a fundamental right under 19(1) (a). Therefore, by enacting Article 35A you virtually took away the fundamental rights, he explained. 

Elaborating on the advantages of scrapping Article 370, Tushar Mehta explained that when the matter is considered from the point of view of the people of Jammu and Kashmir, it states that the move brought Jammu and Kashmir people at par with other countrymen as well. As yet, people were convinced that Article 370 is not a hindrance to progress and it cannot be removed, he added. At present, with Article 35A, investment is coming and with the policies of central government, tourism has commenced, Tushar Mehta continued. 

As far as reports are concerned, Article 35A, which was also scrapped in August 2019 along with Article 370, allowed the legislature of the erstwhile state of Jammu and Kashmir to define permanent residents and provide them with special rights and privileges in terms of public employment, immovable property and settlement.

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Mohan Yadav to take oath as next Chief Minister of Madhya Pradesh

Prior to this, his predecessor Shivraj Singh Chouhan insisted he was not running for the position of chief minister.

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Days after the Bharatiya Janata Party (BJP) overthrew the Congress in Rajasthan and Chhattisgarh and stormed back to power in the state, Mohan Yadav Is named chief minister of Madhya Pradesh on Monday. In the three states, this is the second announcement.

A BJP legislative party gathering in Bhopal was held, ten days after the election results were declared, selected him for the position. Prior to this, his predecessor Shivraj Singh Chouhan insisted he was not running for the position of chief minister.

Prime Minister Narendra Modi led the BJP’s 2023 assembly campaign, which it ran without any chief ministerial candidates.

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Supreme Court upholds Centre’s decision to scrap Jammu and Kashmir’s special status, PM Modi reacts

Additionally, the Election Commission of India was ordered by the Supreme Court to schedule assembly elections for Jammu and Kashmir by September 30, 2024.

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The Supreme Court on Monday confirmed the Center’s decision to revoke Article 370, which gave the erstwhile state of Jammu and Kashmir unique status.

Additionally, the Election Commission of India was ordered by the Supreme Court to schedule assembly elections for Jammu and Kashmir by September 30, 2024.

Prime Minister Narendra Modi also today celebrated the decision of the Supreme Court against the Center’s plan to repeal Article 370 in Jammu and Kashmir. The Supreme Court rendered a decision on an array of appeals contesting the constitutionality of the legislation’s removal of J&K’s special status. 

Taking to X, formerly Twitter, PM Modi wrote, today’s Supreme Court verdict on the abrogation of Article 370 is historic and constitutionally upholds the decision taken by the Parliament of India on 5th August 2019; it is a resounding declaration of hope, progress and unity for our sisters and brothers in Jammu, Kashmir and Ladakh.

PM Modi also said, the Court, in its profound wisdom, has fortified the very essence of unity that we, as Indians, hold dear and cherish above all else.

The verdict today is not just a legal judgement; it is a beacon of hope, a promise of a brighter future and a testament to our collective resolve to build a stronger, more united India, he added.

JP Nadda, national president of the Bharatiya Janata Party, said the party was happy with the high court’s ruling.

The Bharatiya Janata Party is pleased with the Supreme Court’s ruling on Article 370. The Supreme Court’s Constitutional Bench has upheld the decision to abolish Sections 370 and 35A, as well as the reasoning behind it, Nadda wrote on X.

Separatism and stone-pelting are now things of the past, according to Union Home Minister Amit Shah, who said that following the abrogation, the rights of the impoverished and downtrodden have been restored.

Now, pleasant music and cultural tourism reverberate across the entire area. The integrity with Bharat is intact, and the ties of oneness have become stronger. Once more, Jammu, Kashmir, and Ladakh are and always will be part of our country, Amit said on Twitter.

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Article 370: PDP chief Mehbooba Mufti put under house arrest ahead of Supreme Court verdict

According to officials, police prevented media from congregating close to the homes of National Conference (NC) president Farooq Abdullah and vice president Omar Abdullah in Gupkar.

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Former CM Jammu and Kashmir and the president of the People’s Democratic Party (PDP) Mehbooba Mufti, was placed under house arrest on Monday, December 11.

Her party said that before the Supreme Court’s decision on an array of cases contesting the repeal of Article 370 of the Constitution, which granted Jammu and Kashmir special status, their chief had been kept under hosuse arrest.

Taking to X account (formerly Twitter) of PDP, her party twitted, even before Supreme Court judgement is pronounced, police has sealed the doors of the residence of PDP president Mehbooba Mufti and put her under illegal house arrest.

According to officials, police prevented media from congregating close to the homes of National Conference (NC) president Farooq Abdullah and vice president Omar Abdullah in Gupkar.

Journalists were not permitted anywhere near the NC leaders’ home, and a posse of police officers had been stationed at the Gupkar Road entrance.

Omar Abdullah moved out of his official house in October 2020 and now resides with his father.

However, Jammu and Kashmir Lieutenant Governor Manoj Sinha referred to the reports as baseless and denied that Mufti and Omar Abdullah had been placed under house arrest.

This is completely unfounded. In Jammu and Kashmir, no one has been detained or placed under house arrest for political purposes. It’s a rumor-mongering attempt, he said.

Farooq Abdullah, Srinagar’s Member of Parliament (MP), is in Delhi for the current session of Parliament; his son is in the valley.

After the Centre enacted measures to deprive Jammu and Kashmir of its special status and divide the former state into two Union Territories (UTs)—Jammu and Kashmir and Ladakh—Mufti, Omar Abdullah, Farooq Abdullah, and other leaders of the Kashmiri community were taken into custody on August 5, 2019.

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