Article 370 Case : Won't Touch Special Provisions For North Eastern States Or Other Parts, Centre Tells Supreme Court

In the Article 370 case hearing, the Union Government told the Supreme Court on Wednesday that it has absolutely no intention to interfere with the special provisions applicable to North Eastern states or other parts of India.

Recording this statement made on behalf of the Centre, the Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai and Justice Surya Kant disposed of an intervention application filed by an Arunachal Pradesh politician.

Solicitor General of India Tushar Mehta made this statement in response to submissions made by Senior Advocate Manish Tiwari, who, representing a politician from Arunachal Pradesh, voiced apprehensions about taking away the special provisions applicable to North Eastern states in the manner in which Jammu and Kashmir's special status was repealed. He pointed out that like Article 370, there are provisions in the Constitution like Article 371 and the 6th Schedule which envisage special provisions for North Eastern states.

"Even a slight apprehension in the periphery of India can have serious implications. Your lordships are currently dealing with one such situation in Manipur", Tiwari stated.

At this point, SG Tushar Mehta interjected to say :

"I have instructions to say this. We must understand the difference between temporary provision which is Article 370 and special provisions with regards to the north east. The Central government has no intention to touch any part which gives special provisions to North East and other regions".

Saying that Tiwari's submission has  a "very potential mischief", the SG added, "There is no apprehension and there is no need to create apprehension". Tiwari then clarified that he was no referring to the current Central Government and was addressing the larger principle at stake.

"Why should we deal with anything in anticipation or apprehension? We are dealing with a specific provision of Art 370. We don't have to expand the ambit on impact", CJI Chandrachud said.

"When as a constitutional principle the SG has informed us that the government has no such intention, why should we apprehend this at all? We should not enter that territory at all. The impact of abrogation - that point has been made. Let's not focus on North East like this. The apprehensions are allayed by the statement of the Central Government", CJI added.

The bench said that it will dispose of the intervention application filed by Tiwari by recording the statement made by the Solicitor General.

In the order, the bench observed as follows :

"The applicant has urged that apart from the provisions contained in Part XXI of the Constitution pertaining to J&K, there are special provisions governing the North East.

Hence, it is submitted that the interpretation by this court in Article 370 would impact other provisions. Solicitor General has submitted on specific instructions that the Union Government has no intention to affect any of the special provisions applicable to North east or any part of India.

The reference of this case is confined to Article 370. There is no commonality of interest in the Interlocutory Application and the case being heard. In any event, SG's statement on behalf of the Union, allays any apprehension in this regard. Thus, the IA stands disposed of".

The hearing is underway. Live updates can be followed here.

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