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Article 370: Can the federal government's resolution be challenged? – jj

Article 370: Can the federal government's resolution be challenged?


Article 370 ends in Jammu Kashmir, Amit ShahImage copywrite
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The Indian government has made a big decision to remove the provisions of constitutional Article 370, which gives special status to Jammu and Kashmir. But the constitutionalism can be challenged in court, the opinion of constitutional experts is divided on it.

Constitution expert Subhash Kashyap "Any decision can be challenged in the Supreme Court, now it depends on the court to hear it or dismiss it," the BBC correspondent told Manasi Dash.

He says, "Arguments can be found in every case and those who will have to challenge will find that way."

Though he says, "There can be political differences in this whole matter but I believe that what has been done has been done only in the realm of the Constitution."

Former Additional Solicitor General and Senior advocate Vikas Singh of Supreme Court Believes that maybe the Supreme Court's door will not be knocked over this matter.

He told BBC's associate correspondent Suchitra Mohanty, "The government's decision to end Article 370 and Article 35 A is entirely under the Constitution, I do not think it will be challenged, it is not possible to challenge it."

They say that this was a temporary provision and the government removed only one temporary provision. Now the people of Jammu and Kashmir will get all the fundamental rights which meet the people of other states under the Indian Constitution.

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Constitutional expert AG Noorani According to this, "This is a non-statutory and unconstitutional decision, the case of Article 370 is absolutely clear and can not be terminated, it can be terminated only through the Constituent Assembly of Jammu and Kashmir but the Constitution of the State The meeting was dissolved in 1956. Now the Modi government is trying to break it down. "

He says, "The decision of the government will be given a challenge, but the Supreme Court decides what he decides."

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Former Additional Solicitor General and Supreme Court Senior Counsel Casey Kaushik Believe that those who have been affected by it are free to approach the court.

They said, "It is obvious that the parties who are affected by it will challenge it. I can not say now which party or institution will go to it by going to the court, but after somebody challenge it, it is possible, it is possible. "

He clarifies that the Indian Constitution clearly states that if any citizen considers himself victimized due to any order or notification, he can approach the court.

They believe that the government has taken a good step, but they also caution that it should be monitored how it will be followed.

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