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A constitutional legerdemain?

The government might have transgressed the letter and spirit of the Constitution with its decision regarding Article 370 and the division of J&K along with its demotion to Union Territory status

Security personnel stand guard at a check point during restrictions in Srinagar, after Centre abrogated Article 370. (Photo:PTI)
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Security personnel stand guard at a check point during restrictions in Srinagar, after Centre abrogated Article 370. (Photo:PTI)

Karan Thapar
Now that the Supreme Court has referred the government’s decision regarding Article 370 and the division of Jammu and Kashmir along with its demotion to Union Territory status to a five-judge Constitution Bench, which will start its hearings in October, a sharp light will be focussed on the constitutionality of these measures. In a comprehensive and very insightful interview for The Wire, Prof. Faizan Mustafa, vice-chancellor of the Nalsar University of Law, has presented a convincing case for arguing the government has indulged in constitutional legerdemain. It’s worth examining his reasoning closely.

First, Article 370. It hasn’t been abrogated. Although
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