Does The Jammu And Kashmir (Reorganisation) Act, 2019 Violate Article 3 And Part Iii Of The Constitution?
Aditya Shenoy, O. P. Jindal Global University
ABSTRACT
The article focuses on the revocation of the special status that was granted to Jammu & Kashmir when the state joined the Union of States, that is India in 1947. Article 370 and the revocation of the article to bifurcate the state into two Union territories is investigated. The legal loophole by which the Federation can be made into a Unitary government is analysed by the article. The question of whether article 370 falls under the basic structure doctrine and can be protected from amendment by the parliament is answered along with the problems that might arise out of the parliament being granted the power to convert States into Union Territories.
