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Does The Jammu And Kashmir (Reorganisation) Act, 2019 Violate Article 3 And Part III

Does The Jammu And Kashmir (Reorganisation) Act, 2019 Violate Article 3 And Part Iii Of The Constitution?




Aditya Shenoy, O. P. Jindal Global University

ABSTRACT

The article focuses on the revocation of the special status that was granted to Jammu & Kashmir when the state joined the Union of States, that is India in 1947. Article 370 and the revocation of the article to bifurcate the state into two Union territories is investigated. The legal loophole by which the Federation can be made into a Unitary government is analysed by the article. The question of whether article 370 falls under the basic structure doctrine and can be protected from amendment by the parliament is answered along with the problems that might arise out of the parliament being granted the power to convert States into Union Territories.

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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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