Now that the Supreme Court has referred the government’s decision regarding Article 370 and the division of Jammu and Kashmir along with its demotion to Union Territory status to a five-judge Constitution Bench, which will start its hearings in October, a sharp light will be focussed on the constitutionality of these measures. In a comprehensive and very insightful interview for The Wire, Prof. Faizan Mustafa, vice-chancellor of the Nalsar University of Law, has presented a convincing case for arguing the government has indulged in constitutional legerdemain. It’s worth examining his reasoning closely.
First, Article 370. It hasn’t been abrogated. Although
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