Article 370 linked to Kashmir is permanent or temporary? Learn the opinion of constitutional experts: Article 370 has a name in everyone’s tongue in Kashmir case today. Combined responses are also being received on the issue of ending it. Can this section be terminated by law, or is it permanent?
What Experts Says
- Constitution experts have their own opinion regarding Article 370 and Article 35A. Constitutional expert Subhash Kashyap said in a special conversation with aajtak.in that there are no two opinions that Article 370 of the Indian Constitution is completely temporary. This thing has been mentioned in the paragraph.
- As far as the removal of Article 370 is concerned, two things have gone somewhere in the Constitution regarding this. The first thing is that Parliament can remove Article 370 with the consent of the Jammu and Kashmir Legislative Assembly, while the second provision is that under Article 368 of the Constitution, Parliament can abolish it by two-thirds majority.
- Subhash Kashyap says that Article 368 gives Parliament the right to amend or remove any article of the Constitution. This only solves many clues about Article 370.
- Constitutional expert DK Dubey said in a special dialogue from aajtak.in that Article 370 does not make special provisions for the state of Jammu and Kashmir, but it provides temporary provision for the state. The Indian Parliament can end this article with a two-thirds majority.
- Ambedkar was not in favor of Article 370: DK Dubey says that Dr. Bhimrao Ambedkar was not in favor of Article 370 in Indian Constitution. Therefore, this article was proposed by Sheikh Abdullah to add this article to the Constitution and this article was added to the constitution after a minor discussion.
- This article was not seriously discussed in Parliament. DK Dubey says that Ambedkar had said that he is not happy with the policy of Jammu and Kashmir.
- Constitution expert Dubey says that Article 35A of Indian Constitution was added by Presidential Order. When this Presidential Order was issued then Prime Minister Jawaharlal Nehru was at that time and the President was Dr. Rajendra Prasad. Article 35A is the real root cause of Kashmir Jammu and Kashmir problem. This can be eliminated by the prescriptual order.
- Article 370 of the Indian Constitution has been made provisional provision for the State of Jammu and Kashmir. Not a special provision for Jammu and Kashmir, but a temporary provision has been used.
- After this, Article 35A was added to the Constitution in the Constitution by issuing the Constitution (Application to Jammu Kashmir) Order 1954 under Article 370.
- In the year 2014, in the Supreme Court, an NGO filed a petition, describing this article as a provision to promote and promote a separatism against the spirit of India. The legality of Article 35A and Article 370 was challenged in this petition. In this petition, it was argued that after independence, the Constituent Assembly was formed to make the country’s constitution, including 4 representatives of Jammu and Kashmir. Also, the Jammu and Kashmir state has never been given special status. It was also argued that the 35-A was a temporary provision which was added to stabilize the situation in the state at that time. This article was not created by the creators of the Constitution.
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