Analysing Constitutionality Of Article 370 With Special Reference To The Basic Structure Doctrine

Yagneshwar Bhaskaran, B.A. L.L.B (Hons.), O.P Jindal Global University

ABSTRACT

This paper aims to explore the constitutionality of Article 370 and explore the main argument against the abrogation of the same by doing an in-depth analysis of the basic structure doctrine and the nature of Article 370. This paper will also use constitutional law foundations and principles laid out by the Kesavanada Bharati case and the Golaknath case to prove the given contentions. The paper also aims to analyse and highlight whether the abrogation of Article 370 created a constitutional law precedent for similar sections to be abrogated. This will be done by highlighting the difference in the intention behind both articles in the constitution.

Comments

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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