20 October 2023
The Basic Structure Doctrine, Article 370 and the Future of India’s Democracy
A constitution bench (five-judges) of the Supreme Court of India recently concluded the hearings related to the the abrogation of Article 370 of the Constitution and the bifurcation of the State of Jammu and Kashmir (J&K) into two Union Territories. How the Supreme Court finally decides this instant case will have far-reaching constitutional implications. In particular, the basic structure challenge pressed upon by the Petitioners, is likely to determine the future of India’s democratic federal architecture and the structural balance of power between the Union and states. Continue reading >>
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