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 Understand the actions of Aug 5 in detail: how Article 370 was ‘nullified’ and not repealed or abrogated and what is the possibility of its revival?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 firstname.lastname@example.org 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]