ABROGATION OF ARTICLE 370 & 35A IS UNCONSTITUTIONAL

OPENING STATEMENT
The recent Presidential Orders merely seek to amend Article 370 through
exercising powers provided to the President by Article 370. Article 370 still stands as
part of the Constitution which makes the title of this debate a misnomer.
Similarly, Article-35A, has merely been superseded by the latest presidential
order issued on 05 Aug 19.
HISTORY & NATURE OF ARTICLE 370 & 35A
Article 370:-
 Stands as a Temporary & Transitional Provision – Part-III
 Dr Ambedkar refused to draft article 370 due to his reservations about it.
 Therefore, it was drafted by Mr Gopal Swami Ayangar, the former Dewan of
Maharaja Hari Singh in consultation with Seikh Abdullah, the than PM of J&K.
 Pt Nehru also termed it as temporary and uttered that “ye ghiste-ghiste ghis
jayega”.
Article 35-A:-
 Introduced through a Presidential Order in 1954, subsequent to Delhi Agreement
between Seikh Abdullah and Pt Nehru. It’s been termed as a constitutional fraud
by many.
IMPLICATIONS OF ARTICLE 370 & 35A
The root Reason of Kashmir problem
 Article 370 stands as the root cause for Kashmir problem.
 Article 35A is an offshoot of the Article 370 and stands as effect of
Article 370.
Effects/Outcomes:
(1) Infringing the powers of Indian Parliament,
(2) Excluding applicability of Indian Constitution,
(3) Provides for a Separate Constitution & different State Flag,
(4) Abuse of Legislative power for positive discrimination.
WHY ARTICLE 370 & 35A NEEDS TO GO
Constitutional Impact:
- Limitation on sovereign power of Indian Parliament
- Ultra-vires the Constitution
– Violation of the Basic Structure of Constitution
– Violation of Fundamental Rights-Article-14,15,19 & 21
- Abridgement of the Constitution -Article 368
Socio-Economic Impact:
- Adversely affected emotional integration of J&K with rest of India,
- Ingrained sense of Alienation among Kashmiri people
 - Affected economic development of the state
- Provided fodder to separatist movement
Other Issues:
- Important laws of Indian Parliament and CG welfare schemes not
extended to J&K,
- No reservation for Minorities ,
- Scheduled Caste Valmikies, West Pakistan Refugees, Gorkhas &
certain Tribes not provided with state benefits for past six decades.
- Step-motherly treatment with the people of Ladakh.
PROCEDURE OF REMOVAL
The government has followed the proper legislative & constitutional procedure to
render article 370 inoperative and superseding 35A. Enabling provisions incorporated
which are evident from the text of following notifications:-
1. Proclamation by Governor - 20 Jun 2018 Section 92 of the J&K
Constitution,
2. Govt. Notification - 19 Dec 2018 imposing President’s rule in J&K,
3. The Presidential Order (J&K) (CO 272)- 05 Aug 2019,
4. The Presidential Order (J&K) (CO-273)- 06 Aug 2019.
Approval by the Parliament :
Indian Parliament duly passed the resolutions to provide enabling
provisions on 5th & 6th Aug 2019.
LEGALITY OF THE PROCEDURE
The entire exercise by the Central Government to make Article 370 inoperative
and superseding Article 35A has been carried out within the legal and constitutional
framework.
Every possible care has been taken to keep the constitutional proprietary,
parliamentary procedures and rules of business.
Perhaps, the credit goes to the government to carry out the entire exercise in
the only possible and practical way.
CLOSING ARGUMENTS
If there is anything which can be termed as Unconstitutional or extra-
constitutional, it was article 35-A.
As far as article 370 is concerned, being a temporary and transitional provision,
it should have gone long back. It was rather creating impediments in the process of
complete integration of J&K with the Indian Union.
Therefore, it is evident that the change brought by the Govt is not un-
constitutional; rather it’s a corrective measure that has actually removed a
constitutional fraud.

With this I conclude my arguments,

Thank you!