oppn parties The J&K Action: Over To The Courts Now

News Snippets

  • Two Special Investigation Teams (SITs) of Crime Branch in Delhi Police have been formed under DCP Joy Tirkey and DCP Rajesh Deo. The teams will immediately take over the investigations of the cases related to northeast Delhi violence. Both the teams will be under the supervision of BK Singh, additional commissioner of police (Crime Branch)
  • Sporadic violence was reported from riot-hit areas in the capital as the intensity of the madness seems to have abated. The death toll has risen to 37
  • Special DG (Training) in CRPF, S N Shrivastava, appointed special commissioner (law & order) in Delhi Police in order to quell the violence. He is also expected to take over as chief of Delhi police once Amulya Patnaik's term ends on February 29
  • Curfew and shoot at sight orders reportedly in force in some areas, but Delhi Police HQ does not issue a notice for the same
  • The Central government has pressed paramilitary forces to control the riots in Delhi
  • Mobs in Delhi target journalists, check them for religious identity and snatch equipment
  • 13 people deal until now in one of the worst spells of violence in Delhi
  • Violence in Delhi shows no signs of abating with fresh areas in the north-eastern part of the capital coming under its grip
  • Delhi High Court says DGCA was wrong in approving the flying ban on stand-up comic Kunal Kamra by airlines other than Indigo for his alleged misbehavior with TV anchor Arnab Goswami aboard an Indigo flight
  • The Bihar assembly passes a resolution to stick to the old NPR form, making it the first NDA state to do so
  • Arms deal for advanced helicopters, worth $3bn, signed with the US, but the trade deal remains elusive
  • Trump says he has a good equation with Pak PM Imran Khan and assures India that Pakistan is working to reduce cross border terrorism
  • Trump once again offers to mediate in the Kashmir issue
  • Trump says it is up to India to decide on the CAA
  • US President Donald Trump says PM Modi wants religious freedom for all
Delhi Police file a case for murder and arson against Aam Aadmi Party councillor Tahir Hussain. Hussain is believed to have played a role in the murder of IB staffer Ankit Sharma whose body was found in Jafrabad
oppn parties
The J&K Action: Over To The Courts Now

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.

The government's move on Article 370 will definitely become the subject matter of numerous court cases as the National Conference and the PDP have already expressed their desire to challenge it. One feels that even the Congress will throw its hat in the ring, as will other smaller parties in J&K. The basic matter of the dispute is whether the government was right in getting the President to sign an order under sub-section 3 of Article 370 when the state assembly is not in existence and its concurrence or advice has not been taken.

Sub-section 3 of Article 370 reads as follows: (3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.

But the section does not specify what will happen if the constituent assembly (which in case of J&K now means the state assembly) is dissolved. Since J&K is under the President's rule at present, is the Governor's recommendation enough? Does the Parliament automatically have all the powers that would vest with the state assembly if it was in place? Does the President have the power under Article 370(3) to issue notification without the recommendation of the state assembly? Will such a notification be valid under the Constitution?

Obviously, these and many other questions will be put before the Supreme Court which must now decide whether what the government has done passes muster as per the Constitution. Since J&K is a special case, there are not many precedents to guide the courts. The honourable justices would have to interpret the provisions from scratch and decide whether the government's action is contrary to what the law says.