Thread by @legaljournalist

#Article370: So basically Article 367 has been amended by a Presidential order. #JammuAndKashmir

Article 367 deals with "Interpretation" and a new clause has been added to it which applies to State of Jammu and Kashmir.

As per this new clause, any reference in Constitution to Govt of Jammu Kashmir shall be construed as reference to Governor of the State.

#Article370 #JammuAndKashmir

Similarly, reference to Sadar-i-Risayat of Jammu & Kashmir shall be construed as reference to Governor of J&K.

#Article370 #JammuAndKashmir

And last one and most interesting: Constituent Assembly of Jammu Kashmir (which was dissolved long ago in 1950s) referred to in Art 370 shall be read as Legislative Aseembly of J&K

#Article370 #JammuAndKashmir

@barandbench

#Article370: So essentially no abrogation of Art 370 as of now.

A Presidential order amends Article 367 which in turn interprets clause 3 of Art. 370. By the same, reference to constituent assembly of J&K which was dissolved in 1950s has been replaced with legislative assembly

#Article370: So this paves the way for repeal of Art. 370 later by a Presidential order.

#JammuAndKashmir

It could also be argued that earlier SC judgments that Art. 370 is permanent as Constituent Assembly of J&K had been dissolved, will not apply.

Of course, what is also noteworthy is that Presidential order is under Article 370(1)(d) and not 370(3). The President cannot issue an order under 370(1) wrt 370 itself since 370(1) is for all other Articles except Article 1 and 370. Hence, President has amended 367 under 370(1)

Through the amended 367, President has given an interpretation to proviso to 370(3).

End of thread.

#Article370: Have captured the thread as a story here.
barandbench.com/article-370-ha…