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  • Category: India

    Was it morally right for President tomake amendments to Constitution without consent of parliament?




    Article 35 A of Indian constitution allows president to issue special orders to change constitution without taking parliament into confidence as under article 370 A . The legal sustainability is under question. But members can decide on the possible loss political democratic values in India because of it. The broad based consensus can be achieved by following parliament procedures. Article 35 A is definitely against this though it may have legal sanctity. So let us have a discusion on its fallout.

    Article 35 A and Article 370 are for special status to J&K for being integral part of India. In 1954 these articles were inserted in order to extend Indian citizenship status to residents of J&A. The problem is Article 35 A which gives special recognition to state subjects under article 370 A making J&K a semi autonomous state in India. It virtually separates residents of J&K from citizens of rest of India to make them a citizen of India. Some laws like citizens of other state cannot buy property were made under these articles. The most intriguing act is if a J&K girl marries Outisde the state then she loses her resident status. And people from other states cannot seek employment which violates the inviolable basic structure doctrine by going against Article 14, 15 and 16. Further the resident status effectively goes against article 19, 21 of Indian constitution. This was created not by amending Indian constitution but by simply a presidential order which means rest of people of india were not taken into confidence because J&K also gets funds from Consolidates fund of India as grants under article 280 to 284 of Indian constitution. The further most intriguing part is financial emergency cannot be imposed as under article 360 to J&K. Emergency provisions are non existent to J&K.
    Friends as far as possible just have a discussion on its moral validity. As far as possible don't enter to polity area. The above passage is just for information.
  • #607039
    Some times the elected government by virtue of their shortage of majority in upper house feels dejected as it cannot take any formidable decision which has the acceptance of both the houses of Parliament. We have seen that for the past three years, the Congress which is not even having the opposition status in LS and having good strength in RS giving sleepless nights to Modi government as it cannot take any tough decisions on National interest so far. So the only option they get is to have their own President at the helm of affairs and now BJP can use the President to promulgate fresh orders by exercising his power by using Article 35 A of Indian constitution on the status of article 370 A.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #607046
    As I have already said in some other responses, Indian Constitution is one of the most complex constitutions of the world, and it has several grey areas. Late Acharya D.D. Basu used to call it "the haven of lawyers." Article 35A is one such loosely defined area of the Indian Constitution.

    [P.S.: Kindly modify the title of the thread.]

    Caution: Explosive. Handle with care.

  • #607160
    Since the topic brought for discussion is sub judice before the Hon'ble Supreme Court of India, it won't be prudent or meaningful to allow a discussion on the topic at this juncture. Hence the thread is being locked now. The author may suitably amend the matter and post a thread afresh later on if deemed necessary.
    'Real knowledge is to know the extent of one's ignorance'- Confucius


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