J&K: Modi Govt To Remove Article 370, Congress Says 'Unconstitutional, Can't Be Done Without State Assembly's Nod'

Politics

Congress' national spokesperson Jaiveer Shergill has remarked about the Centre's proposal to revoke Article 370.

Written By Apoorva Rao | Mumbai | Updated On:

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cannot abolish Article 370 and even if the state assembly has been dissolved, it does not mean Article 370 will be repealed.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:

READ | J&K: Article 370 To Go, Dr Subramanian Swamy Feeling Vindicated As PM Modi & Amit Shah Target Integration

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.

READ | J&K: Article 370 To Be Abrogated, Government Plans Massive Kashmir Investment Summit In October

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