Article 370 abrogation: Mission Impossible for BJP? | india | Hindustan Times
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Article 370 abrogation: Mission Impossible for BJP?

india Updated: May 28, 2014 18:36 IST
HT Correspondent
HT Correspondent
Hindustan Times
Article 370

Any attempt to abrogate Article 370 of the Constitution, which grants J&K autonomy on several counts, is next to impossible in the current political scenario.

Big Hurdles

At Centre:

The NDA government will need the support of over two-third of the members of both Houses. While that mark in Lok Sabha (362) is still fathomable (NDA has 336), it will be very tough to pass in Rajya Sabha where it has 57 members, way off the 164 required.

In state:

This is by far the biggest hurdle. Article 370 cannot unilaterally be repealed by the Centre; it needs to be ratified by the state assembly by a simple majority. Both prominent J&K parties – ruling NC and opposition PDP – are against the move.

Judicial scrutiny:

A Constitutional amendment will need to withstand judicial scrutiny. Given that the special status to J&K was part of the understanding reached between India and the then ruler of Kashmir, Maharaja Hari Singh, this could be another tricky area.

How can NDA do it?

The nixing of Article 370 can only be possible if the NDA attains controlling a majority in Rajya Sabha and the J&K state assembly, which is near impossible in the foreseeable future.