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  • Tue. Nov 5th, 2024

No concern of Brexit-like referendum on abrogation of Article 370: SC

No concern of Brexit-like referendum on abrogation of Article 370: SC

Synopsis Brexit was the name provided to the United Kingdom’s departure from the European Union. Britain’s exit from the EU was activated by an increase in nationalistic fervour, intimidating migration concerns, and a distressed economy.ANIThe Supreme Court on Tuesday observed that in a “constitutional democracy” like ours, the will of individuals is represented through “recognized organizations”. Which there is “no concern of a referendum”. Promoting the 5 member Constitution Bench, Chief Justice of India (CJI) D Y Chandrachud verbally observed that a person “can not imagine a Brexit-type referendum. which was a political choice”. The remark can be found in action to a contention raised by the petitioners challenging the abrogation of Article 370. Representing among the petitioners, senior supporter Kapil Sibal argued that “the will of individuals of Jammu & Kashmir was not taken” prior to abrogation of Article 370. Sibal argued that the will of individuals of Jammu and Kashmir was “annihilated” by a Central Act. In action to this, the CJI verbally said that “in a constitutional democracy like ours, the will of individuals needs to be through developed organizations”. The CJI included that a circumstance like Brexit can not be imagined given that it was a political choice (by the then British federal government). The Bench questioned the counsel regarding whether Article 370, after the dissolution of constituent assembly, can end up being “unamendable”. The CJI orally said that the “momentary nature” of Article 370 stayed since the view of the Constituent Assembly was not yet taken on board. Sibal went on to argue that Article 356 was “misused” by the Central federal government in infraction of “constit
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