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Article 370 : Can the government’s decision be challenged?

The Government of India has taken a big and unprecedented decision to remove the provisions of Constitutional Article 370 giving special status to Jammu and Kashmir. But whether this decision can be challenged in the court or not is absolutely a big question.The opinion of constitution experts on this is divided as if a fractured mandate.

–By Anjan Kumar Samal

Constitutional expert Subhash Kashyap clarified, “Any decision can be challenged in the Supreme Court. Now it is up to the court to hear the case or dismiss it.”

He urges, “You can only find arguments against everything and anyone who has to challenge will find a way.”

Although he says that “there can be political differences in this whole matter, but I believe that what has been done has been done within the scope of the Constitution”.

 Former Additional Solicitor General and Senior Supreme Court Advocate Vikas Singh believes that the Supreme Court will probably not be knocked on this matter.

He further urged, “The government’s decision to abolish Article 370 and Article 35A is completely under the Constitution. I don’t think it will be challenged. It is not possible to challenge it.”

He further urged that the people of Jammu and Kashmir will get all the fundamental rights that people of other states get under the Indian Constitution.

According to constitutional expert AG Noorani , “This is an illegal and unconstitutional decision. The case of Article 370 is absolutely clear. No one can abolish it. It can only be ended through the Constituent Assembly of Jammu and Kashmir. But the state’s Constituent Assembly was dissolved in 1956. Now Modi government is trying to end it by twisting it. “

Mr Noorani says, “This decision of the government will be challenged, but what the Supreme Court will decide, it’s the matter to wait and watch.”

Former Additional Solicitor General and Supreme Court Senior Advocate Casey Kaushik believes that those who may have been affected by this are free to move the court.

He told, “It is obvious that the parties who will be affected by it will challenge it. I cannot say right now which party or institution will take it to court, but later on someone or the other may challenge it and there is  possibility too. “

He makes it clear that it is clearly written in the Indian constitution that if any citizen considers himself oppressed due to any order or notification, then he can approach the court of law for the sake of  justice.



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