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.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.
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.