Jammu and Kashmir’s Citizens Stripped of Fundamental Rights, Says Justice Chandrachud

In a recent development, Justice DY Chandrachud has expressed concerns over the erosion of fundamental rights for non-residents of Jammu and Kashmir due to Article 35A. The judge highlighted the implications of this provision, emphasizing that it has led to the deprivation of certain constitutional privileges for those who have chosen to settle in the region.

Justice Chandrachud’s remarks come in the wake of a long-standing debate surrounding Article 35A, which granted the Jammu and Kashmir state legislature the power to define “permanent residents” and provide them with exclusive rights and privileges. The judge pointed out that while the provision aimed to safeguard the unique identity of the region, it has inadvertently led to the denial of fundamental rights to non-permanent residents.

Concerns Over Inequity

The judge’s remarks underscore the growing concerns over the equitable treatment of all citizens within the state. With the abrogation of Article 370, the special status of Jammu and Kashmir was revoked, and this has prompted a reevaluation of its constitutional provisions. Justice Chandrachud’s observations highlight the need to address the disparities that have arisen due to Article 35A.

Implications for Non-Residents

Non-residents who have made Jammu and Kashmir their home have been significantly impacted by the provisions of Article 35A. Their right to own property, access government jobs, and participate in local governance has been curtailed, raising pertinent questions about the principles of justice and equality under the law. Justice Chandrachud’s comments shed light on the fact that these citizens, despite contributing to the state’s development, find themselves excluded from certain basic rights.

Calls for Deliberation

The judge’s statements have reignited the debate surrounding Article 35A and its implications. Many legal experts argue that a thorough reexamination of the provision is necessary to ensure that the rights of all citizens are safeguarded. The delicate balance between preserving the cultural integrity of Jammu and Kashmir and upholding the fundamental rights of all residents is at the crux of this discussion.

A Step Towards Reform

Justice Chandrachud’s vocalization of these concerns could potentially pave the way for substantive legal reforms. By initiating a dialogue on the subject, there is a possibility of devising a more inclusive and balanced framework that respects the rights of both permanent and non-permanent residents. This would not only address the existing disparities but also ensure that the state’s development is fostered through the collective contributions of all its citizens.

In conclusion, Justice DY Chandrachud’s comments on Article 35A shed light on the inequalities faced by non-residents of Jammu and Kashmir. The provision, while initially intended to preserve the state’s unique identity, has inadvertently led to the denial of fundamental rights for those who have chosen to make the region their home. This has sparked discussions about the need for reform to ensure equity and justice for all citizens, while still respecting the cultural heritage of the region. As the debate continues, there is hope that a balanced solution will emerge, fostering an environment where every resident’s rights are upheld and honored.

Leave a Comment