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, which we published last year, aimed 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.
Tag: International Law
Satya Prasoon dissects the claims made by the Government of India in its affidavit on 18th Sept in the Supreme Court. Examining the constitutional law and international law positions he argues that the Government’s stand of deporting 40,000 Rohingyas is not legally justifiable. However, The Indian State needs to see beyond the law and frame it as a larger moral question of human suffering and loss. This case is not just about deciding the fate of 40000 individuals butalso indicates, if India is just a geographical construct or a nation with a moral core.