How can the dissolution of Article 370 be justified while ensuring that the means used are consistent with the ends achieved
The Chief Justice of India (CJI) has emphasized that the means used to dissolve Article 370 must be consistent with the ends achieved. Discuss the various factors that need to be considered in justifying this decision.
- Constitutional validity: It is essential to ensure that the dissolution of Article 370 is within the constitutional framework and does not violate any constitutional principles.
- People's representation: The decision should take into account the aspirations and sentiments of the people of Jammu and Kashmir and consider their representation through proper democratic channels.
- Transparency and accountability: The process of dissolution should be transparent and accountable, ensuring that all relevant stakeholders are consulted and their voices are heard.
- Rationality and proportionality: The decision should be based on rational justifications, considering the wider national interest and weighing the benefits against any potential drawbacks.
- Peace and stability: The dissolution should aim to promote peace and stability in the region, ensuring that it does not lead to increased violence or unrest.
- International obligations: Any legal and international obligations arising from the dissolution should be carefully addressed and adhered to.
- Judicial review: The decision should be open to judicial review, allowing the courts to assess the legality and constitutional validity of the means employed.
- Long-term planning: Adequate measures must be taken to address the socio-economic, political, and security implications of the dissolution, ensuring a smooth transition and sustainable development in the region.
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