khan wrote:Amber G. wrote:- Article 370 made it necessary for the centre to get the state legislature's approval for introducing any policies or constitutional powers to the state. This in turn means that the Governor, who is being treated as the 'State' govt at the moment, was able to move the resolution to the President.
Does this mean if Modi (or a later Congress Government) wants to ram through any other substantial Constitutional Amendment dealing with say distribution of power between Center & States, they can:
1. Get it approved by 2/3 majority in Parliament.
2. Declare President rule in enough states so that 1/2 the state legislatures or Governors in states with Presidents rule rubber stamp the Amendment.
violavoila - the constitution is changed. Does this seem right?
To me, these types of games are the difference between a serious country like India & a banana republic like Pakistan.
You cant just declare presidents rule in states without cause any more. Please see the established case law about use of 356 now.
370 itself had a provision that the president can promulgate any law related to 370 as applicable in concurrence with the state govt. 370 has not been repealed, but all of its provisions have been made infructuous or invalid. We still have a 370.
Apropos the UT and division issue, Andhra was divided into two without the concurrence of the state assembly. Here, the govt. has gone farther and 'demoted' the state. We shall see what happens.
If one puts aside the complicated constitutional issues, prima facie, this step was long needed as the valley politicians had pissed in the punch bowl and ruined democracy there. How can one be part of a vast ethnic cleansing, deny all kinds of rights to minorities and historically oppressed, and still argue that they are doing it democratically? And any step to stop these things is actually undemocratic
The Kashmir boil long needed a lansing and I hope these steps by the union perform the requisite disinfection of the polity of that state.