Aren’t ‘Article 370 of the Constitution of India’ and the Presidential Orders purported to be dependent on it, just as relevant as the Criminal Law (Amendment) Act, 1938? – A succinct inspection.

Pradeep Kumar Sharma[1]

ABSTRACT

Even 67 years after India’s Independence, the country’s statute book has been still bearing the burden of a law which provides for punishment to those who dissuade people from taking part in a war in which the “British Empire” is involved. The Criminal Law (Amendment) Act, 1938, framed just before the World War-II that started a year later, is one of the 73 obsolete laws recommended by the Law Commission for repeal, in 2014. Article 370 of the Constitution of India has been universally agreed to violate fundamental rights guaranteed in Part III of the Constitution and proven itself to be ultra vires the basic structure of the Constitution of India. The politicians of Jammu and Kashmir are credited with carrying this ‘Human Rights violative law’ 60 years after it was scheduled to be repealed. They cry foul to even a debate on its uses, due to the fact that it is the largest mechanism of perpetuating political fraud by allowing the executive to perform the functions of the legislative- a classic violation of the ‘Separation of Power’ doctrine. This research paper will inspect the same in reference to a recent controversial court judgement that has shaken the faith of the Indian people generally and Indians of Jammu and Kashmir in particular.


[1] Research Scholar on Constitutional Law. Editor of book entitled, ’Article 370: Evolving Clarity Beyond the Conundrum’.