essay on one nation ,one Constitution.
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The tortuous thicket of laws, constitutional provisions, presidential orders, political history and legal mystifications surrounding Article 370 and Article 35A make it difficult to navigate through recent debates about its abrogation in an informed way. This series of three essays by Shrimoyee Nandini Ghosh, lawyer and legal researcher, aims to be a somewhat eclectic guidebook— at times proffering a no frills step-by-step road map, at others traversing some rather more unfrequented and adventurous legal diversions.
The journey is signposted by some simple questions.
What is/was Article 370 and Article 35A?
What just happened to them?
What does it mean in terms of International Law, Constitutional Law, and rights relating to equality, land and liberties of the people of Jammu and Kashmiri?
Do these changes matter? To whom do they matter? And why?
Shrimoyee will deal with the question of legal implications and consequences, by disaggregating what’s at stake into three jurisdictional scales. The three scales are (i) International, (ii) Domestic (or Constitutional) and (iii) Everyday legality—particularly in areas that are directly effected by the dissolution of Jammu and Kashmir state. In this first essay, Shrimoyee provides a legal-historical guide to terms like 370, 35(a) and the tricks which were played to make these history. In two subsequent essays this series will look at the meanings of these changes and whether these changes matter.
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