Live Law

2019-12-11 09:07:59.0

  • The Article states that the recommendation of the Constituent Assembly must be taken. In case there is no Constituent Assembly, it is understandable that the Stage Legislature will take its place. But, under no circumstances can the President usurp that power. The right to abrogate Art. 370 only lies with the Constituent Assembly.

    J. Kant - Is there any authority which can replace the Constituent Assembly ?

    RR - My current duty is to show that the route taken was unconstitutional. The will of the people is absent. The voice of the people is absent. This is not a sovereign decision. Can you call this the right method ? Is it right to mute the people ?

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