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Constitution Day: What Nine Pending Cases Say About the Rights India’s Citizens Enjoy -Jahnavi Sen

-TheWire.in

In high courts across the country and in the Supreme Court, a number of cases are pending relating to basic rights India's citizens are supposed to enjoy.

New Delhi: Seventy-two years ago on this day, the Constituent Assembly adopted the Constitution of India. Two months after that, on January 26, 1950, the country’s Constitution came into effect. But how has the implementation of our constitutional rights and safeguards been going?

In high courts across the country and in the Supreme Court, a number of cases are pending relating to basic rights India’s citizens are supposed to enjoy. Here is a list of some of those cases, pertaining to laws passed and decisions taken by the government that is seen to be in violation of the constitutional guarantee of fundamental rights to citizens.

1. Article 370

On August 5, 2019, the Narendra Modi government decided to unilaterally read down Articles 370 and 35A of the Constitution, which provided the erstwhile state of Jammu and Kashmir a certain amount of autonomy. At the same time, the Union government also passed the Jammu and Kashmir Reorganisation Act, which divided the then state into two union territories.

Several writ petitions – about two dozen – have been filed against this move in the Supreme Court, saying that the Modi government’s decision violates fundamental rights of the people of Jammu and Kashmir. The most recent petition was filed by CPI(M) leader M.Y. Tarigami, also asking the court to expedite hearings in the case.

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