Analysing constitutionality of Article 370 With special reference to the basic structure doctrine

Bhaskaran, Yagneshwar (2022) Analysing constitutionality of Article 370 With special reference to the basic structure doctrine. Indian Journal of Law and Legal Research, 4 (4). pp. 1261-1269. ISSN 2582-8878

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Abstract

This paper aims to explore the constitutionality of Article 370 and explore the main argument against the abrogation of the same by doing an in-depth analysis of the basic structure doctrine and the nature of Article 370. This paper will also use constitutional law foundations and principles laid out by the Kesavanada Bharati case and the Golaknath case to prove the given contentions. The paper also aims to analyse and highlight whether the abrogation of Article 370 created a constitutional law precedent for similar sections to be abrogated. This will be done by highlighting the difference in the intention behind both articles in the constitution.

Item Type: Article
Uncontrolled Keywords: Article 370 | structure doctrine
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
Social Sciences and humanities > Social Sciences > Political Science
Divisions: Jindal Global Law School
Depositing User: Mr. Arjun Dinesh
Date Deposited: 15 Sep 2022 11:55
Last Modified: 01 Apr 2026 05:00
Official URL: https://doi-ds.org/doilink/09.2022-71611255/IJLLR/...
URI: https://pure.jgu.edu.in/id/eprint/4525

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