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Showing posts from August, 2019

Decoded: how Article 370 was abrogated

Picture Courtesy: Patrika The announcement made by the Home Minister on the floor of Rajya Sabha regarding Article 370 was immediately followed by a torrent of information (much of which was misinformation) which provided little clarity and gave rise to a number of misconceptions. For instance, in the heading of this write-up, there is one such fallacy which too had its inception in furore and frenzy I am talking about. That is the abrogation of Article 370 . Because Article 370 has neither been repealed nor abrogated and it is in its perfect shape. Rather, the government has instead superseded the Constitution (Application to Jammu and Kashmir) Order, 1954 (Presidential Order of 1954) with the Constitution (Application to Jammu and Kashmir) Order, 2019 (Presidential Order of 2019) to take away the special status of J&K. The relevance of the Presidential Order of 1954 To understand it better, think of Article 370 of the Indian Constitution as the skeleton of the