Jammu and Kashmir's Article 35A Took Away Key Fundamental Rights From Citizens: Supreme Court

The Supreme Court observed that Article 35A which granted special rights to permanent residents of Jammu and Kashmir, deprived people of the country of at least three fundamental rights. A bench heaed by Chief Justice of India DY Chandrachud while hearing the matter of the abrogation of Article 370 and the reformation of Jammu and Kashmir into two Union Territories made the remark.

These fundamental rights include equality of opportunity for all citizens in public jobs under Article 16(1), acquisition of properties under Articles 19(1)(f) and 31, and right to settle in any part of the country under Article 19(1)(e).

The bench comprising Sanjay Kishan Kaul, Sanjiv Khanna, Bhushan R Gavai and Surya Kant stated : "The 1954 Constitutional Order applied Part III (relating to fundamental rights) to J&K but in the same vein, Article 35A was created which took away three valuable fundamental rights of people by creating exception in three areas: opportunity of government employment, acquisition of property and settlement."