Is it legal to revoke Article 370?

The constitutional expert Subhash C. Kashyap, according to BBC News, states that the revocation was “constitutionally sound” and that “no legal and constitutional fault can be found in it”. The revocation of Article 370 was passed by an overwhelming majority of support in the Indian parliament.

Can Kashmir be a part of Pakistan?

The northern and western portions are administered by Pakistan and comprise three areas: Azad Kashmir, Gilgit, and Baltistan, the last two being part of a single administrative unit called Gilgit-Baltistan (formerly Northern Areas).

What is the current status of Article 370?

On 3 April 2018, the Supreme Court of India gave a similar opinion declaring that Article 370 has acquired a permanent status. It stated that, since the State Constituent Assembly has ceased to exist, the President of India would not be able to fulfill the mandatory provisions required for its abrogation.

Can an act be revoked?

Repeal means to revoke, abrogate or cancel particularly a statute. Any statute may repeal any Act in whole or in part, either expressly or impliedly by enacting matter contrary to and inconsistent with the prior legislation. Thus a statute frequently states that certain prior statutory provisions are thereby repealed.

How did Article 370 get removed from UPSC?

The process of revocation of Article 370, which ties the state with India, needed the approval of J&K’s Constituent Assembly. In the absence of such an assembly, it can be removed with the concurrence of the state legislative assembly.

Can an act be revoked in India?

Article 245 of the Constitution gives Parliament the power to make laws for the whole or any part of India, and state legislatures the power to make laws for the state. A law can be repealed either in its entirety, in part, or even just to the extent that it is in contravention of other laws.

Is repealed?

to revoke or withdraw formally or officially: to repeal a grant. to revoke or annul (a law, tax, duty, etc.) by express legislative enactment; abrogate.

What is the difference between Article 370 and 35A?

Revocation of special status and domicile law On 5 August 2019, the Union Government revocated the special status granted to Jammu and Kashmir under the Article 370 through a Presidential Order, and made the entire Constitution of India applicable to the state. This implied that the Article 35A stood abolished.