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Constitutionality under Scrutiny: Evaluating the Justification behind Removing Article 370 and Enacting Ordinance Law in Delhi

Welcome, avid readers and legal enthusiasts, to a thought-provoking exploration of constitutional matters that have set the stage with debates and controversies. In this gripping blog post, we delve into the recent seismic shifts in Indian politics - the revocation of Article 370 and the subsequent enactment of Ordinance Law in Delhi.

Brace yourselves as we embark on a journey to evaluate the underlying justifications behind these significant steps, scrutinizing their constitutionality under an unyielding microscope. Join us as we unravel complexities, analyze historical contexts, and invite you to question where our nation's democratic principles truly stand amidst these transformative times.

An Overview of Article 370 and Ordinance Law in India

Article 370 of the Indian Constitution is a 'temporary provision' which accords special status to Jammu & Kashmir. The state has its own constitution and flag. Residents of Jammu & Kashmir are governed by separate laws in matters relating to permanent residency, ownership of property, and fundamental rights. They also have their own taxation system. The recent move to remove Article 370 and enact an ordinance law in Delhi has been criticized by various quarters.

Some argue that this move is unconstitutional as it seeks to change the status of Jammu & Kashmir without taking into account the wishes of its people. Others say that this move will further alienate the people of Jammu & Kashmir and lead to more violence in the region.

Constitutional Implications of Abolishing Article 370

The Indian government has been trying to abolish Article 370 for many years. The most recent attempt came in August 2019, when the Indian government revoked Jammu and Kashmir's special status and divided the state into two union territories: Jammu and Kashmir, and Ladakh.

The Justification for Removal of Article 370 and Enacting Ordinance Law in Delhi
The primary justification for the removal of Article 370 is that it violates the basic structure of the Constitution. This provision was inserted into the Constitution without following the proper procedure laid down in the Constituent Assembly.

The Justification for Enacting Ordinance Law in Delhi

The justification for enacting ordinance law in Delhi is based on the fact that it is a necessary step to ensure good governance in the national capital territory. Several problems need to be addressed in Delhi, such as air pollution, traffic congestion, and water scarcity. The enactment of ordinance law will allow these issues to be tackled effectively.

Whereas The Reality Is Totally Opposite The Ordinance Will Give The Ruling Party Absolute Power Which We Can Inffer As An Dictatorship Rather Than An Democracy

If The Central Government Will Have All The Powers To Make Laws In Delhi Then Why We Should Conduct Elections Anymore, Well Doesn't Sound Good To Any Of Us.

These Not Reviewed Decisions Will Affect Both The Constitutional And Legal Principles Of A State. Hence They Must Be Looked Upon Soon.

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