Why in news?
The Supreme Court on 10th January ordered the government to review “forthwith” any existing orders that restrict basic rights and free movement in Jammu and Kashmir.
Supreme Court and basic rights
- The court upheld the freedoms of free speech, expression and trade or business on the Internet as fundamental rights to be constitutionally protected.
- It, however, refused to express any views on whether the very access to the Internet is a fundamental right or not.
- The Supreme Court directed the government to review orders suspending Internet services in the erstwhile State of Jammu and Kashmir instantly.
- It ordered any order suspending the Internet found to violate the law should be revoked at once.
- Supreme court further instructed the government to consider restoring government websites, localised/limited e-banking facilities, hospital services and other essential services in areas in the Union Territory, where it was otherwise not thinking to do so immediately.
Background:
What has happened after removal of article 370?
- Following the Abrogation of Article 370 from J&K, the Indian Government had passed the Jammu and Kashmir Reorganization Bill, 2019 which contains the provisions to reconstitute the state into two separate Union territories of Jammu & Kashmir and Ladakh.
- While the new UT of J&K will have an assembly like the existing UTs of Delhi and Puducherry, the UT of Ladakh will be directly governed by the Central Government.
- This bill came into full effect by October 31, 2019.
- With this bill, the Government had also dissolved the IAS & IPS cadres of Jammu & Kashmir and now all officers are part of the existing Central government pool of bureaucrats.
