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Article 370 can't be shielded from Parliament, courts: Experts
Article 370 can't be shielded from Parliament, courts: Experts

New Delhi, July 24 (TIWN) The constitutional validity of contentious Article 370 has been put to test again! Legal experts believe that the Article is temporary in nature, and avenues have not been explored yet to change its status via Amendment Act to the Constitution. Therefore, it is contestable on the floor of the Parliament and exposed to the scrutiny of law.

Constitution expert and former Secretary General of the Lok Sabha Subhash Kashyap, said this Article is not barred from a debate on the floor of the Parliament.  “A Member of Parliament can give notice on motion and contest its validity.

Amendments to the Constitution are necessary to keep it contemporary and relevant,” Kashyap added while speaking to IANS but refrained from commenting on the petition filed before the Supreme Court.  The petition filed by BJP leader and advocate Ashwani Upadhyay has questioned the constitutional validity of the provision that grants special status to Jammu and Kashmir. 

“The Article 370 under the Constitution has been ascribed as a temporary provision, and not a special provision. There are provisions in the Constitution – temporary, transitional and special. Temporary is the weakest. The question is – how can be it ended and when shall be ended.” Kashyap said.

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