Shillong, August 28: Solicitor General Tushar Mehta, representing the Union government, informed the Supreme Court’s Constitution Bench that Article 35A, which exclusively applies to Jammu and Kashmir, established an “artificial class”.
He emphasized that Article 35A introduced a distinct provision in the Indian Constitution, applicable solely to the region’s “permanent residents”.
Attorney General R. Venkataramani supported Mehta’s argument, asserting that Article 35A is not an alteration of Article 35 but a fresh article within the Constitution. He highlighted that individuals like long-settled safai karamcharis, not falling under the artificially-defined “permanent residents” category, are denied fundamental rights in J&K.
Venkataramani also pointed out that if a woman resident of J&K marries outside the state, she loses her permanent residentship. He underlined that Article 370 was initially conceived as a temporary provision.
Mehta raised questions about the political parties opposing the nullification of Article 370, urging them to guide the residents of Jammu and Kashmir regarding its abrogation for the region’s progress. He noted that despite political opposition, investments are flowing in, tourism is thriving, and employment opportunities are emerging due to the absence of Article 35A.
Mehta requested the Constitutional Bench to reconsider the matter from the perspective of the people of J&K, emphasizing that the impugned constitutional exercise grants fundamental rights and applies the entire Constitution to bring the region in line with the rest of the country.
He argued that the J&K Constitution and its Constituent Assembly were designed to be subordinate to the Indian Constitution. Mehta explained that the replacement of terms like “Sadr-e-Riyasat” with “Governor” in Article 370 exemplifies the evolving language of the provision.
The ongoing hearing, led by Chief Justice D.Y. Chandrachud, focuses on petitions challenging the 2019 Presidential Order that removed the special status of Jammu and Kashmir and divided it into two Union Territories. The Constitution Bench, consisting of Justices Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai, and Surya Kant, will continue the proceedings.
