Unlike the Emergency, Article 370 was abrogated to undo an historic wrong | The Indian Express

Unlike the Emergency, Article 370 was abrogated to undo an historic wrong | The Indian Express

Written by Hitesh Jain |Updated: August 30, 2019 10:47:16 am

The writer is a senior lawyer based in Mumbai and managing partner, Parinam Law Associates

Unlike the Emergency, Article 370 was abrogated to undo an historic wrong

Comparing the abrogation to draconian acts such as MISA and the proclamation is a mismatch of epic proportions. It is to be noted that Article 370 itself was supposed to be temporary; it was under Part XXI of the Constitution, which is titled “Temporary, Transitional and Special Provisions”.

The Indian government on August 5 revoked Article 370 which gave special status to Jammu and Kashmir and proposed that the state be bifurcated into two union territories, Jammu and Kashmir, and Ladakh. (File)

“The President has proclaimed Emergency. There is nothing to panic about.” These words of Prime Minister Indira Gandhi on June, 26, 1975, created a scene of total bedlam across the country. The President’s proclamation of Emergency came within a fortnight of the Allahabad High Court’s order that found Indira Gandhi guilty of using government machinery and officials for her 1971 poll campaign. Further, she was disqualified from membership of Parliament for six years