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Systematic Discrimination: Supreme Court Flags J&K Constitution's 'Property Requirement' For Permanent Resident Status In The State

Systematic Discrimination: Supreme Court Flags J&K Constitution's 'Property Requirement' For Permanent Resident Status In The State
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Article 370 was a self-extinguishing, temporary provision: Centre to SC

The central government has argued in the Supreme Court that Article 370, which granted special status to Jammu and Kashmir, was a temporary provision that has been rectified by its abrogation. The government stated that the Constitution of India holds a higher position than that of J&K Constitution, which has now been repealed. It defended the abrogation, stating that it has brought the people of Jammu and Kashmir on par with the rest of India and has resulted in investments and resumed tourism. The hearing will continue on Tuesday.

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Day 4 Hearing: Article 370's Mutual Framework Highlighted by Gopal Subramanium

During the ongoing hearings challenging the revocation of Jammu and Kashmir's Article 370, senior advocate Gopal Subramanium argued that Article 370 facilitated communication between India's Constitution and Jammu and Kashmir's Constitution. Subramanium presented arguments about the roles of constituent assemblies, legality of Presidential Orders, and the bilateral nature of Article 370. He emphasised the need to respect both constitutions and questioned the legality of unilateral powers exercised. He also discussed the unique historical context of Jammu and Kashmir, its autonomous status, and the mutual agreements that Article 370 represented. The court deliberated on the absence of 'Constitution of Jammu and Kashmir'in Article 370.

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