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Revocation of Articles 370 and 35A

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Revocation of Articles 370 and 35A

A Constitutional Perspective

Usman Butt

Rule of Law requires that Constitutional due process should be followed for every decision of the government. The term ‘Rule of Law’ has been derived from the French phrase ‘la principe de legalite’ (the principle of legality) which refers to a government based on principles of law, not of men. The entire basis of Administrative Law is the doctrine of the rule of law.  It also applies to the Indian government because constitutional supremacy and constitutional morality are the basic features of the Indian Constitution which has been made the supreme law of the country and other laws are required to be in conformity with it. It also means that any law which is found in violation of any provision of the Constitution, particularly, the fundamental rights, is void. In the backdrop of this very principle, Modi government’s decision to revoke Articles 370 and 35A needs to be declared void ab initio as it violates provisions of the Indian constitution.

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