No intention to touch special provisions applicable to North-east: Centre tells Supreme Court

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Synopsis

SG Tushar Mehta has further told the Court that such apprehensions should not be created.

The Supreme Court was informed today by the Central Government that it has no intention of touching the special provisions in the Constitution of India concerning the north-eastern states.

Solicitor General Tushar Mehta clarified the center's stand when Advocate Manish Tewari made a submission against abrogation of Article 370, saying the same could be done to other states in the future.

SG Mehta told a bench of CJI Chandrachud with Justices SK Kaul, Sanjiv Khanna, BR Gavai and Surya Kant,

"We must understand the difference between temporary provision such as Article 370 and special provisions which is applicable to the northeast. Central government HAS NO INTENTION TO touch the special provisions... this will have serious repercussions.. there is no apprehension and there is no need to create apprehension...".

Agreeing with the SG's submission that no such apprehensions should be created, the CJI said, 

"Why should we go into apprehensions at all.. when Centre has said that no such intentions are there..why should we apprehend this at all.. We will close this IA recording the SG's submission..".

Justice SK Kaul also told Tewari that when he himself spoke about the north east being a sensitive area, the court had no reason to take up such an application in this case involving abrogation of Article 370.

Yesterday, the Supreme Court had questioned if a speech made by a member of Constituent Assembly would represent the nation's commitment to the erstwhile state of Jammu and Kashmir.

In April last year, the Top Court had said that they will consider listing the batch of petitions challenging the abrogation of Article 370 in Jammu and Kashmir before a 5 judges bench after summer vacations.

One of the petitions has stated that "Article 370 of the Constitution of India is a self-contained Code which defined and regulated the relationship between the State of Jammu and Kashmir and the Union of India. Apart from Article 370, Article 1 of the Constitution of India would apply to the State of J & K."

Case Title: IN Re: ARTICLE 370 OF THE CONSTITUTION