Kashmir: Why amendments to Article 370 may not withstand judicial scrutiny

J&K has not had a govt for months and the Modi govt has consulted the governor who is its own representative. It has effectively consulted itself and it is hard to see how this is legal

Sanjay HegdePranjal Kishore
A security personnel stands guard during a bandh in Kashmir
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A security personnel stands guard during a bandh in Kashmir

"I say with all respect to our Constitution that it just does not matter what your Constitution says; if the people of Kashmir do not want it, it will not go there. Because what is the alternative? The alternative is compulsion and coercion...We have fought in good fight about Kashmir on the field of battle... (and) many a chancellery of the world and in the United Nations, but, above all, we have fought this fight in the hearts and minds of men and women of that State of Jammu and Kashmir."
- Nehru, speaking in the Lok Sabha in 1952
Nehru’s promise lies in tatters today; as does every other promise of autonomy made by the Government of India. Article 370 gives a ‘special status’ to the State of Jammu and Kashmir. On Monday, the Government effectively abolished that status. It did so without touching the provision. It also brought in a constitutional amendment, without amending the con

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First Published: Aug 06 2019 | 2:40 PM IST

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