Amendments to Article 370 should also fail as they are against constitutional morality – An interview with Senior Advocate KM Vijayan

The Polis Project (TPP): What is your reaction to the recent Jammu and Kashmir State Reorganization Act passed by the Lok Sabha and Rajya Sabha? KM Vijayan : I am a constitutional lawyer. Therefore, I am concerned only with reference to the constitution and constitutional morality on this issue. Rule of law requires that constitutional supremacy and constitutional morality are the basic features of the Indian constitution. So, my argument is restricted to the constitutional perspective alone. The notification of the Ministry of Law and Justice dated 05th August 2019 is not restricted to Article 370(1) of the constitution. It also relates to Article 367 relating to interpretation guideline of the constitution with reference of general clauses act, subject to adaptation and modification made under Article 372. In short, besides Article 370(1), Articles 367 and 372 ‘s scope also have to be examined. Article 370 has three subclauses. In subclause…


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