Is Article 370 above the Basic Structure of the Constitution What is the stance of the Chief Justice of India
The Chief Justice of India has raised the question of whether Article 370 is superior to the Basic Structure of the Constitution and the amending powers of the Parliament.
- The Chief Justice of India has raised the question of whether Article 370 is superior to the Basic Structure of the Constitution and the amending powers of the Parliament.
- This question raises concerns over the constitutional validity of Article 370, which grants special autonomous status to Jammu and Kashmir.
- The Chief Justice's stance indicates a need to examine the relationship between Article 370 and the Basic Structure of the Constitution, which constitutes the foundational principles of the Indian legal system.
- The Basic Structure doctrine, established by the Supreme Court, safeguards fundamental rights, federalism, secularism, and separation of powers, among other principles.
- By questioning whether Article 370 is superior to the Basic Structure, the Chief Justice suggests that this special provision may need to be evaluated in light of the overall constitutional framework.
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a year ago