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Is the removal of Article 370 and reorganisation of J&K constitutional and legal?

August 6, 2019

On August 5, 2019, India's Home Minister Amit Shah put forward a resolution signed by the President of India scrapping Article 370. The resolution came after days of heightened tension and confusion preceded by the cancellation of Amarnath Yatra and closure of schools and colleges and massive troop deployment. The resolution was accompanied by a J&K state resolution bill which effectively turned the state of J&K into two Union Territories. Apart from these two other items were also presented to the Rajya Sabha including J&K reservation bill and Constitutional Order Application to J&K.

The statement by the Home Minister was supported by multiple parties. The Indian National Congress among others vehemently opposed the move and called it a 'murder of democracy'. But was this move Constitutional? Or can it be legally challenged? What will the reorganization of the State mean for its people and for the idea of federalism as a whole?

To get answers to these questions, Suno India reached out to former Central information commissioner Madhabhushi Sridhar to know more.

Is the removal of Article 370 and reorganisation of J&K constitutional and legal?

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