This is how the SC bench avoided ruling on the most vicious aspect of Modi’s attack on the basic structure of federalism in India: the use of a brute parliamentary majority to abolish a state’s statehood and divide it. 1/4
m.thewire.in
m.thewire.in
“The Solicitor General stated that statehood of J&K will be restored (except for carving out of UT of Ladakh). In view of the statement, we do not find it necessary to determine whether reorganisation of State of J&K into two UTs of Ladakh & J&K is permissible under Art 3” 2/4
Why does this matter? Union government can use excuse of presidents rule in a state to get the Governor, acting as proxy for legislative assembly, can recommend abolishing the state! 3/4
The reason the bench avoided this question is because if they upheld what Modi did to J&K, every state would be up in arms. And if it invalidated the scrapping of statehood, its own reasoning in upholding the 370 scrapping would be undermined! 4/4
Loading suggestions...