Sachin wrote:The SC does interfere if the law made by the Parliament violates any fundamental rights enshrined in the Constituition. For example look how they dealt with NJAC law; which was directly hitting them.
NJAC Act was struck down earlier because of the legislative appointee (Law Minister) who was part of the judge selection according to that Act. It wasn't a question of Fundamental Rights.
On the basis of Fundamental Rights, Article 370 itself is invalid, because it mandated that an Indian citizen not a resident of J&K has no Fundamental Rights in J&K derived from the Indian constitution, or the prior J&K one. E.g. Right to Freedom includes right of movement, residency and occupation, all of which were denied in J&K, even though the 1994 J&K constitutional amendment clearly states that J&K is a part of India.