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Congress echoes Omar’s view, says Article 370 debate is no-brainer

There should be basic understanding of the Constitution before any statement is made, said Manish Tewari.

By: Press Trust of India | New Delhi | Published: May 28, 2014 5:51 pm

Congress on Wednesday echoed Chief Minister Omar Abdullah’s view that Article 370 that provides special status to Jammu and Kashmir simply “cannot be repealed”, saying it will need the consent of the Constituent Assembly which “cannot be resurrected”.

There should be a basic understanding of the Constitution before any statement is made on such a “sensitive issue”, party leader Manish Tewari said a day after the new Minister of State in Prime Minister’s Office Jitendra Singh stoked a controversy seeking a debate on Article 370.

“Article 370 (3) read with Art 370 (2) clarifies 370 cannot be repealed without consent of constituent assembly which does not exist. No brainer,” Tewari tweeted.

He said, “Article 370 makes it very clear if you read Article 370’s section 3 that the President of India can only by notification repeal it if he has the explicit consent of the Constituent Assembly.

“And the Constituent Assembly has prorogued and ceased to exist. It has been dissolved and it cannot be resurrected.”

He added, “So obviously a bare read of the Constitutional provisions makes it clear that it is not possible even if there is a desire to repeal Article 370…. There should be a basic understanding of the Constitution before any articulation is done or any statement is made on such a sensitive issue”.

Speaking in the same vein, Omar said today that the BJP government cannot abrogate Article 370 till the Constituent Assembly is recalled.

“The Constituent Assembly approved accession of Jammu and Kashmir to India. If you want to raise the question once again, then you need to bring the Constituent Assembly and then we will talk,” Omar told reporters, while defending the constitutional provision.

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  1. A
    May 29, 2014 at 8:12 pm
    With the wars over J&K and the decision of people of theJ&K region to stay on the India side of the de facto border, has made thereferred to article irrelevant after the wars. Wars have decided which parts ofJ&K are integral part of India, and the PoK part with the occupiers shouldbe taken back by India if there are any moves made against India byanyone. That is how Goa and the Union territories are administered.
    1. P
      May 29, 2014 at 11:59 am
      No wonder congress speaks like this, they have sold nations ets and stacked money abroad. Had they won, this term they would sold the nation in one deals.
      1. J
        Jayant Sheth
        May 29, 2014 at 6:36 pm
        For the sake and the benefit of the country any thing can be change, nobody is above the country. India is a one country and J&K is an integral part of the country. Due to Congress party who ruled too long, we could not repealed the article 370. Country has no advantage of article 370. Kashmir is not own by few individuals it is a part of country and should be made same as all other States. Consution is by the people, of the people and for the people. It can be rewritten or changed, nothing cast in concrete against national interest.