What is the significance of Article 370 in relation to the Basic Structure of the Indian Constitution and the amending powers of Parliament
The Chief Justice of India has asked petitioners to provide their perspective on whether Article 370 is above the Basic Structure and the amending powers of Parliament.
The significance of Article 370 in relation to the Basic Structure of the Indian Constitution and the amending powers of Parliament can be summarized as follows:
- Article 370 grants special autonomous status to the state of Jammu and Kashmir, allowing it to have its own constitution and a separate set of laws.
- It limits the application of laws passed by the Indian Parliament to Jammu and Kashmir, ensuring that the state enjoys certain specific privileges and exemptions.
- Article 370 is considered to be an integral part of the Basic Structure of the Indian Constitution, which means that it cannot be altered or amended without adhering to the strict procedures for amending the Constitution as laid down in Article 368.
- The amending powers of Parliament under Article 368 do not extend to abrogating or modifying Article 370, unless the President of India issues a notification with the concurrence of the Constituent Assembly of Jammu and Kashmir.
- The Chief Justice of India has sought the perspectives of petitioners to determine whether Article 370 should be considered as part of the Basic Structure of the Constitution or if it can be amended through the regular amending procedures outlined in Article 368.
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a year ago