Published 12:51 IST, August 5th 2019
J&K: Modi govt to remove Article 370, Congress says 'Unconstitutional, can't be done without state assembly's nod'
Congress' national spokesperson Jaiveer Shergill has remarked about the Centre's proposal to revoke Article 370.
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Congress' national spokesperson Jaiveer Shergill has remarked about the Centre's proposal to revoke Article 370. He has argued that as per the Constitution, the Article cannot be scrapped by the President of India without the recommendation of Jammu and Kashmir assembly.
"Legally, as per proviso to Art 370(3) of the Constitution, it cannot be scrapped by the President without the recommendation of the State Assembly; currently there is no valid Assembly and BJP has been avoiding Elections - Scrapping Art 370 in current manner is UNCONSTITUTIONAL," he tweeted.
He also presented earlier judgments on the issue to back his argument. He cited the SBI v Gupta holding case and the judgment in the case. According to him, the hudgment stated that the President cannot abolish Article 370 and even if the state assembly has been dissolved, it does not mean Article 370 will be repealed.
He sarcastically stated that the era of law and Constitution was possibly is over.
Read his tweets below:
The situation in Kashmir ahead of the proposal Parliament
Earlier on Monday, following days of anticipation over Centre's order to deploy tens of thousands of paramilitary forces in Jammu and Kashmir and the state's advisory for Amarnath Yatra pilgrims to cut short their trip and return from the state, Home Minister Amit Shah moved a proposal to revoke Article 370 in the state. He also moved a proposal to declare Jammu and Kashmir, and Ladakh as two separate Union Territories.
12:51 IST, August 5th 2019