Supreme Court Receives Assurance: No Special Constitutional Provisions in North East to be Altered

23-08-2023 : The Solicitor General, Tushar Mehta, conveyed to the Supreme Court on Wednesday that the government has no intentions of tampering with any special provisions of the Constitution related to the North East or any other region. He strongly disapproved of attempts to generate such apprehensions. This assertion was presented before a five-judge constitution bench, with Chief Justice DY Chandrachud at its helm. The matter arose when advocate Manish Tewari raised concerns about the possible revocation of special provisions tied to the North Eastern states, similar to how Article 370 was abolished.

Tewari, a Congress leader and member of the Lok Sabha, was representing former Arunachal Pradesh MLA Padi Richo, who had submitted an intervention application within a series of petitions contesting the annulment of Article 370. Mehta, representing the Central government, interjected Tewari’s statement and clarified, “I have instructions to say this. This may be some kind of potential mischief. There is no apprehension and there is no need to create apprehensions. We must understand the difference between temporary and permanent provisions. The central government has no intention to touch any special provisions of the Constitution related to North Eastern and other regions.”

Tewari pointed out that, much like Article 370 for the former state of Jammu and Kashmir, the sixth schedule of the Constitution entails special provisions for the North Eastern states. He emphasized that even the slightest apprehension within the periphery of India could have significant implications, citing an ongoing situation in Manipur.

Tewari clarified that his remarks did not refer to the current central government’s actions but rather addressed the broader stakes involved. The constitution bench, which also included Justices Surya Kant, Sanjiv Khanna, BR Gavai, and Surya Kant, questioned Tewari’s argument about dealing with petitions based on apprehensions and anticipations.

Citing the Solicitor General’s affirmation that the government harbored no such intentions, the bench stressed that there was no need for apprehensions. Chief Justice Chandrachud stated, “Let’s not focus on North East like this. The apprehensions have been allayed by the statement of the central government.” As a result, the bench promptly dismissed the intervention application after recording Mehta’s statements.

The bench’s order highlighted that the intervention application had raised concerns about how the interpretation of Article 370 could impact other provisions, including those governing the North Eastern regions. However, the Solicitor General made it clear that the Union Government did not intend to affect any special provisions applicable to the North East or any other part of India. The bench underscored that the current matter was confined to Article 370 and found no commonality of interest between the intervention application and the ongoing case. In conclusion, the bench stated, “In any event, the solicitor general’s statement on behalf of the Union of India, allays any apprehensions in this regard. The IA stands disposed of.”