Central govt's decision constitutionally sound: Constitution expert

Constitution expert Subhash Kashyap on Monday described the Central government's decision to scrap clauses 370(2) and 370 (3) of Article 370 as "constitutionally sound" saying that no constitutional or legal fault can be found in it.

"Political views apart, I can only say that constitutionally it is a sound decision. No constitutional or legal fault can be found in it. And the government has carefully studied the matter and taken into account all considerations," he said while talking to ANI.

"To the question if it is a political decision...It is entirely up to the government and political parties to have their view. I have nothing to say on that," he added.

Talking about Article 370, Kashyap said, "Article 370 has not been repealed. Article 370 (1) very much exists. Only two clauses 370(2) and 370 (3) have been removed. The main clause 370(1) remains."

Kashyap said that it is a "myth" that Article 370 gives special status to Jammu and Kashmir.

"It is a myth that Article 370 gives special status to Jammu and Kashmir. It is part of Part 21 of the Constitution that has the heading - Transitional, Temporary and Special provisions. For some states, like Nagaland, there are special provisions and special status has been granted to those states," he said.

"In the case of Jammu and Kashmir, the heading is very clear -- it is a temporary provision. And by definition, temporary means, one which is only for a temporary period for a temporary purpose," he said.

Talking about the Jammu and Kashmir Reorganisation Bill, 2019, Kashyap said, "The proposal is that Ladakh will be a Union Territory directly administered by the Union Parliament and the Union Government. And there will be another Union Territory with a legislature with limited powers as in the case of Pudducherry and Delhi."

"That will mean, that both Jammu and Kashmir will be administered by the Union. That is what a Union Territory means," he added.

Meanwhile, renowned lawyer Harish Salve while commenting on the development said, "Parliament will pass the Reorganisation Bill and as when it will be done, the bifurcation will take place."

"Article 370 is not being revoked. Article 370 is a constitutional provision which says that such provisional constitution as the President may from time to time direct apply in Jammu and Kashmir. There was a 1954 order which has been superseded. It is a presidential order," he said.