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You are probably correct; IANAL and have only a cursory knowledge of the matter. But I don't believe any recommendation from the Constituent Assembly was recei
by xrisk 7y ago
You are probably correct; IANAL and have only a cursory knowledge of the matter.
But I don't believe any recommendation from the Constituent Assembly was received to the best of my knowledge.
- JumpCrisscross 7y ago> I don't believe any recommendation from the Constituent Assembly was received to the best of my knowledge The Constituent Assembly provided its recommendation in the 1950s [1]. (I think this is where Article 35A came from.) The Assembly doesn't appear to have convened since 1954. It thus makes sense to interpret the recommendation requirement in 370(3) as a prohibition on the Indian President cancelling Article 370 before the Assembly had a chance to make its circa 1954 recommendations. (Surprisingly, one of those changes was not a mutuality requirement on termination of the Article.) [1]https://en.wikipedia.org/wiki/Constituent_Assembly_of_Jammu_and_Kashmir https://en.wikipedia.org/wiki/Constituent_Assembly_of_Jammu_...