Revoking Article 370 by Presidential decree is unconstitutional! Here’s Why

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  • 2015 judgment by the Supreme Court of India made it mandatory for the assembly to recommend the dissolution of Article 370.
  • The state of Jammu and Kashmir is currently under the governor’s rule.
  • The current Presidential Order supersedes the previously held orders.
  • 1954 Presidential Order draws a distinction between Indian citizens and permanent residents of the state.
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Photo courtesy News.com

2015 judgment by the Supreme Court of India made it mandatory for the assembly to recommend the dissolution of Article 370 from the Indian Constitution in a 60-page judgment.

The state of Jammu and Kashmir is currently under the governor’s rule and all powers of the state legislatures are currently vested with the Indian Parliament. President Ram Nath Kovind signed the orders, in the later months of the last year, imposing the central rule in the occupied territory after completion of six months of Governor rule.

BJP’s Government, as of today, has removed the constitutional provision supporting the special status by repealing the 1954 Presidential Order. The current Presidential order supersedes the previously held proclamation read the statement of Presidential Order 2019.

Also See: India’s BJP Revokes The Special Constitutional Status Of Occupied Kashmir

1954 presidential order draws a distinction between Indian citizens and permanent residents of the state. Article 35A recognized the special rights of those with Permanent Residential Certificates having the rights to property, employment in government institutions and the right to participate in elections, reported Indian news agency NEWS.

Today’s presidential order as has been signed by President Ram Nath removes these special rights granted to permanent residents and it not only revokes the Occupied state’s special status but also made the state a union territory.

“Today marks the darkest day in Indian democracy. The decision of J&K leadership to reject the two-nation theory in 1947 and align with India has backfired. Unilateral decision of GOI to scrap Article 370 is illegal and unconstitutional which will make India an occupational force in J&K,” said former Chief Minister of Jammu and Kashmir and President of the Kashmir People’s Democratic Party in a twitter statement.

“President cannot abolish 370 without the recommendation of State Assembly. Even if State Assembly stands dissolved (like now) does not mean 370 stands repealed,” said an Indian Supreme Court lawyer Jaiveer Shergill on twitter.

Do you think that Presidential Order is sufficient to repeal the state’s special status and to remove the constitutional provisions granted to the state of Kashmir? Let us know in the comment section below

    problem I learnt from kashmir and Palestine issue OVER THE YEARS is, country that invades a land will NOT let it go so easily, if you oppose they will use military force, only way is defeat the invader!!!!! examples in history british colonized india STAYED 100S OF YEARS, muslims Invaded spain STAYED 800 YEARS, USA INVADED IRAQ, AFGHANISTAN, VIETNAM AND STILL THERE FOR ALMOST 16 YRS etc etc, USA TOOK RED INDIANS LAND IN NORTH AMERICA PERMANENTLY,USA TOOK TEXAS FROM MEXICO, THINK ABOUT IT, AFTER WW2 RUSSIA TOOK OVER HUGE CHUNKS OF LAND FOR 40 YRS. NOBODY CARES ABOUT UN, ITS RULED BY TOP SUPERPOWERS TWO SOLUTIONS TO FIX EXCLUDE NEGOTIATIONS WONT WORK, FIGHT THE INVADERS TILL DEATH N DESTRUCTION, , NO WAY WILL FAIL, OR DO DUA AND WAIT FIX OUR SHITTY AMAALS REACH THAT LEVEL THAT ALLAH SENDS HELP THRU ANGELS, NO MUSLIM IS AT THAT DEVINE LEVEL OF RASULULLAH OR SAHBAEKURAAM THIS IS HOW ALLAH SETUP THE SOFTWARE, LIKE IT OR DONT LIKE IT,

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