Can you equate Article 370 with Basic Structure?

Syllabus: Constitution of India —historical underpinnings, evolution, features, amendments, significant provisions and basic structure. 

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The Supreme Court on Thursday asked whether Article 370, which gave special status to Jammu and Kashmir, is being equated with the Basic Structure of the Constitution.


A Constitution Bench headed by Chief Justice of India was reacting to senior advocate submission that there was no constitutional process available to revoke Article 370, and the provision had attained a “permanent character” after 1957 when the J&K Constituent Assembly dissolved, leaving the Article unchanged.

“The abrogation of Article 370 was a purely political act. There was nothing within the constitutional structure which empowered the President or the Parliament to abrogate Article 370,” Mr. Sibal argued.-Argument.

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