Here, it is a travesty. The Governor giving concurrence to such a decision is basically the Union giving concurrence to itself! : Ramachandran
#Kashmir #Article370
This has never been seen before. Punjab and Haryana were created, but other than this, states have never been reorganised during the application of President’s Rule. : Ramachandran
#Kashmir #Article370
Art. 368 provides the amending power to the Parliament, but this can only be exercised by way of a procedure laid down in the Article and not by way of ordinary legislation. : Ramachandran
#Article370 #Kashmir
#Article370 #JammuAndKashmir
J. Ramana - What is the relevance of this ?
RR - President’s Rule allows the Parliament to exercise only those powers which are available with the Legislature of J&K. They cannot go beyond that scope.
Now, Art. 357(2) - When Proclamation ceases to operate, laws made by the Parliament can be repealed. Therefore, the process is reversible : Ramachandran
#Article370 #JammuAndKashmi
Now reading out Art. 356 which deals with declaration of Emergency by the President on recommendation by the Governor.
#Article370 #JammuAndKashmir
This power is only with the Constituent Assembly of the State. The Parliament cannot arrogate to itself more powers during President’s Rule than what the State Legislature has.: Sr Adv Ramachandran
#Article370 #Kashmir
In other words, the legislature of J&K cannot amend the relationship between J&K and India which includes Art. 370 of Consti of India.: Sr Adv Ramachandran
Art 4 states that the the Legislative Assembly of J&K has the executive and legislative power over all matters except those over which the Parliament of India has powers stipulated under the Consti of India : Sr Adv Ramachandran
Article 147 of the J&K Constitution states that Articles 3 and 5 cannot amended with a Bill that has been introduced in the State Legislative Assembly : Sr Adv Ramachandran