Abstract
ABSTRACT In August 2019, India revoked unilaterally the autonomous position of the State of Jammu & Kashmir. This came in the backdrop of multiple petitions before its Supreme Court challenging this autonomous status, particularly Article 35A of the Presidential Order of 1954 (Basic Order) on the ground that its “incorporation” in the “Indian Constitution” amounted to an “amendment” and the same was unconstitutional for violating the basic structure. The Indian union’s decision to supersede the Basic Order by employing the mechanism of Article 370 and the constitutional challenge against Article 35A raise a deeper question on the nature of J&K’s accession to India, the resultant Indo-J&K constitutional relationship, and the place of the Basic Order in the constitutional scheme. Without first situating the Basic Order in the constitutional scheme, the question of basic structure violation by Article 35A and the (un)constitutionality of the August decision cannot be fully appreciated.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.