ARTICLE 370 ISSUE--------Indian Parliament can amend the Indian - TopicsExpress



          

ARTICLE 370 ISSUE--------Indian Parliament can amend the Indian Constitution even by deleting Article 370. The amending power under Article 368 is plenary and in exercise of it Parliament can simply delete Article 370. Article 368(1) reads: “Not withstanding anything contained in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this Article.” So long as the basic structure of the Constitution is not altered, Parliament’s amending power is unlimited — what is the Constitution’s basic structure is not defined, but a temporary provision like Article 370 cannot be part of it. No agreement or treaty can restrict the scope of this constitutional provision.
Posted on: Sun, 08 Jun 2014 09:25:22 +0000

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