Justify Episode 5 – Article 370 and Schrödinger’s Cat

Justify | Podcast · December 23, 2019
Author(s): Arghya Sengupta

On the fifth episode of Justify – Article 370 and Schrödinger’s Cat

Round up the Supreme Court’s verdict on (i) whether State legislatures can provide a direct appeal from Tribunals to the Supreme Court [1:00]; (ii) whether the compulsory retirement of a judicial officer was valid or not [2:48]; (iii) DMK’s case where the validity of elections in Tamil Nadu was in consideration, in the context of delimitation of districts [4:27] and (iv) the Kerala High Court’s decision on the topic of witness protection [7:05] [entire segment starts at 1:00].

Deep dive into the present status of Article 370: is it still alive or is it dead? Or both alive and dead? Understand the actions of Aug 5 in detail: how Article 370 was ‘nullified’ and not repealed or abrogated and what is the possibility of its revival? Does the norm of limited amenability apply to Article 370? Is there a basic character of Article 370 which cannot be amended? [entire segment starts at 08:23]

Listen in to Tete-a-tete with Kevin James and Akshat Agarwal, Research Fellows at Vidhi Centre for Legal Policy. Understand why this issue might be the most seminal constitutional case in the last 15 years at least. What is the impact of the prevalence of President’s Rule on the validity of the actions on Aug 5? What is the interplay of the various Articles relevant to these actions? What was the legal procedure adopted to modify the Article? Can you use a legal power to modify a provision, and remove the existence of the provision that confers that power itself? Can a future government possibly restore the original Article 370 to its original form? [entire segment starts at 18:17].

As always, write to us at justify@vidhilegalpolicy.in with the answer in our weekly legal quiz CLATTR, and stand a chance to win a thousand rupee Amazon voucher. There were no winners for last week’s quiz. Most of you answered Jammu and Kashmir, but the correct answer was the princely state of Hyderabad [entire segment starts at 44:27]

About Arghya Sengupta:

Arghya is the Founder and Research Director at Vidhi. His areas of specialisation are constitutional law and regulation of the digital economy. He has served on a number of government committees including most recently the Justice B.N. Srikrishna-led committee of experts on a data protection framework for India. Arghya has a number of academic publications on the Supreme Court, Parliament, fundamental rights in leading law journals such as Law Quarterly Review and Public Law. He is also a columnist at The Telegraph, The Hindustan Times and The Times of India. He has most recently authored a book "Independence and Accountability of the Indian Higher Judiciary" (Cambridge, 2019) which builds on his doctoral work at Oxford University. Prior to founding Vidhi, he was at Oxford as a Lecturer in Administrative Law at Pembroke College. Link to full bio