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| Can Article 370 be abrogated? | | | Early Times Report
Jammu, Aug 17: Article 370 of the Indian constitution that guarantees special status to the state is widely discussed across Jammu Kashmir yet again. While the Kashmiris have shown total indifference, some quarters in Jammu have demanded its removal from the constitution. As the debate continues, a legal luminary has said the Article could not be abrogated.
Siraj-ud-Din Shah, a member of the High Court Bar Association, Srinagar said the Article was as hollow as a pipe. "It serves no purpose. Kashmiris will not cry if the article is removed." An unexpected answer from a Srinagar based lawyer. He elaborated. "Article 238 that contained the heart and soul of Article 370 has been omitted from the constitution some fifty years ago. What is left behind is useless", he said.
Shah read the opening words of Article 370 to "expose biggest ever fraud committed by New Delhi to dilute the special status of Jammu Kashmir state." Article 370 reads: "Notwithstanding anything in this constitution, nothing in Article 238 shall apply to the state of Jammu and Kashmir." Article 370 is still there but Article 238 is missing!
"Why should anybody, therefore, demand removal of Article 370?" Shah questions. "The people who demand its abrogation do not know that in its present form it serves their interests", he added.
However, notwithstanding the lawyer's outburst, Article 370, according to former Union Law Minisrter, Ram Jethmalani cannot be removed. "It could only be amended or removed through a "constitutional coup", he said.
In an informal chat with newsmen, he said it was stated in the Constitution that Article 370 could neither be amended nor be removed without the approval of the Constituent Assembly. Since the Constituent Assembly ceased to exist after the adoption of the Constitution, it was not possible to alter or remove the Article now, he added.
Only a government that adopts an entirely different constitution and asks judges to follow it at the point of a gun could remove or amend the Article 370, he said. Jethmalani said the demand for abrogation of Article 370 was made when the BJP was in the opposition and in his opinion it was a mistake. |
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