Article 370: Petition filed in Supreme Court against Centre’s notification on J&K

[Tom M]

What do you think/believe "International Law" is? where do you think you can "find" it?

The law that is defined and ratified by signatories under organization like United Nations etc. which are applicable and have precedence in International Courts, again constituted under UN charter.

And to put it simply: An International Law means a body of rules established by custom or treaty and recognized by nations as binding in their relations with one another.

 

[SIPRA]

Judges of Supreme Court of India, to whomsoever this case is marked, would, obviously, decide this case, not on the basis of any legal merit or standing; but on what, in their view, is in the larger interest of India.

 

[Maarkhoor]

Firstly International Law is not applicable on India's internal affairs

Boss di k....

Kashmir is bilateral issue not f@cking your internal issue since Your own Pandit Nehru runs to U.N after getting spanked by Pakistan.

 

[M. Sarmad]

The law that is defined and ratified by signatories under organization like United Nations etc. which are applicable and have precedence in International Courts, again constituted under UN charter.

And to put it simply: An International Law means a body of rules established by custom or treaty and recognized by nations as binding in their relations with one another.

^^ You yourself have answered the question you raised.

Under the Article 25 of the UN charter, the Members of the United Nations (including India and Pakistan) have agreed to accept and carry out the decisions of the Security Council in accordance with the Charter. So, refusing to accept UNSC decisions constitutes violation of international law. As per UNSC, Kashmir is a disputed territory whose final accession to India or Pakistan is yet to be decided in accordance with the will of people of Kashmir. You really see no "violation" by India there??

 

[KhanBaba2]

Nothing will change...the govt would have thought out all legalities before repealing this article.

If the SC repeals the order, it will be egg on the face of Modi and Shah.

 

[Tom M]

^^ You yourself have answered the question you raised.

Under the Article 25 of the UN charter, the Members of the United Nations (including India and Pakistan) have agreed to accept and carry out the decisions of the Security Council in accordance with the Charter. So, refusing to accept UNSC decisions constitutes violation of international law. As per UNSC, Kashmir is a disputed territory whose final accession to India or Pakistan is yet to be decided in accordance with the will of people of Kashmir. You really see no "violation" by India there??

Law is actually who we interpret it. As long as the status of the dispute is intact, the guarantee that the a bilateral settlement will resolve the issue as per UNSC suggestions and Simla agreement, I don't see any violation of "International Law". But yes, I do see a domestic law being violated, which is being challenged in Indian SC as we speak.

And FYI, neither Pakistan or Indian governments ever took the stand that they refuse to accept UNSC resolution (sorry it's not a decision, anything under Charter VI is more like a recommendation. UN doesn't have any means to enforce it), rather we have always agreed to solve issues through bilateral dialogues.

Nothing will change...the govt would have thought out all legalities before repealing this article.

No buddy, there is a high chance SC declare this change as null and void.

Boss di k....

Kashmir is bilateral issue not f@cking your internal issue since Your own Pandit Nehru runs to U.N after getting spanked by Pakistan.

When did India disagree with that to begin with Mr. Genius ?? It was and is still a disputed territory.

Both Article-370 and 35A are as per the constitution of India so no International law is applicable on that. Go get some basic knowledge of legal jurisprudence before calling names.

 

[Vikki]

If the SC repeals the order, it will be egg on the face of Modi and Shah.

Do you think modi and shah proceeded without giving a thought to such hindrances?

 

[Tom M]

Do you think modi and shah proceeded without giving a thought to such hindrances?

That is called cheeky approach, while the SC itself had strike down the possibility of request to scrap Article-370 multiple times in the past. Read below the reason why ??

Article 370 has acquired permanent status: Supreme Court

 

[Taimoor Khan]

It's just an "exit strategy " or "get out of jail card" for Indian establishment, to be used in case things goes south in geopolitics. They can always say, hey it's the supreme court , not us, most of them will label as victory of judicial system. This is the same judicial system which has let a hindu terrorist become PM of India.

We Pakistani needs to give two finger salute to anything and everything within India. IOK was, is and will remain a disputed territory until its resolution according to the wishes of Kashmiris.

 

[Vikki]

That is called cheeky approach, while the SC itself had strike down the possibility of request to scrap Article-370 multiple times in the past. Read below the reason why ??

Article 370 has acquired permanent status: Supreme Court

I dont have patience to explain how it is possible and how cleverly BJP pulled through this job...just google it...supreme court cant do anything..everything is done according to constitution...bjp is a very intelligent party

 

[Tom M]

I dont have patience to explain how it is possible and how cleverly BJP pulled through this job...just google it...supreme court cant do anything..everything is done according to constitution...bjp is a very intelligent party

If you guy's consider this as intelligence. May god save our country.

 

[KhanBaba2]

Do you think modi and shah proceeded without giving a thought to such hindrances?

They also undoubtedly gave a lot of thought to demonetization.

 

[cerberus]

They also undoubtedly gave a lot of thought to demonetization.

It's not me di shah now

Is a president order

It's Suprencourt Vs president of India

If you guy's consider this as intelligence. May god save our country.

Read the Pentition query again what it stated it stated that 370 was temperory which deluted with time and is now remains i

But Supreme court stated it was permanent because it not revoked yet

this Order was raised by one opposition member in lol Sabha debate in which HM Amit shah perfectly replied

That this order goes with the lines of govt move and supports it's claim more

Secondly The Legal status of Kashmir is changed as president has signed the order and it's a presidential order like in 356b

Kashmir is now not state but UT from today which heads by Lt governer

SC is only can
do interpretation but it will have follow a statuary law order
it passed by both houses and president

Only way now for Supreme Court to setup constitutional bench and revisit all history which will take 5-8 years depends on schedule of SC and govt motive they can rightly stretch it to 20 years

It's not easy as it seems SC can only have overturn or revoke this law by strucking it

And they really have give genuine long judgement of there interpretation and revoking President emergency power provided to him by article 356 in Constitution itself

 

[KhanBaba2]

Is a president order

It's Suprencourt Vs president of India

The supreme court can overturn the president order if it thinks that is the correct thing to do.

The governor when using powers has to show prudence. He is not supposed to make policy decisions. Decisions like these should be left to the legislative assembly.

 

[cerberus]

The supreme court can overturn the president order if it thinks that is the correct thing to do.

The governor when using powers has to show prudence. He is not supposed to make policy decisions. Decisions like these should be left to the legislative assembly.

Supreme court can only overturn
And presidential order or Parliament LaW
Under Article 356b if it violated basic frame of Constitution which are fundamental rights

J&K re organization bill is now constitutional itself after signed by President

This is done by SC only in rare case few cases hardly 2-3

Look at Andhra - telngana case Govt win there all petitions dropped or nullified

370 has nothing to do with basic frame of indian Constitution ???

Tell me which fundemental Law parliament broken when it revoke 370
It's passed by both houses with majority
It's statuary law

Legeslative assembly not exist in Kashmir from today head of Kashmir LT governer now

Nevertheless Law minsitry can have its own interpretation of laws that why India has ministry of justice and attorney journal and law minister.

Remember head of judiciary itself is President of India which appoints cheif justice

SC can only form constitutional bench where govt will drag case for 20 years and file review petitions

Executive enjoys omnipotent power in Constitution they have power to create laws
SC CANNOT create law

As Of Kashmir is not State today but

it's a UT
Because president order and statuary law in the Constitution

SC will have to find solutions within this presidential order itself not outside

It not easy as it seems

If SC don't respect president of India what made you think executive do they will respect SC ???

What if Executive rejects SC interpretation of law ??
Executive has power to Enforce law not judiciary

And SC knows Govt enjoys majority
It can stop Judge appointment bill
There various ways they influence SC

Also SC judge knows people of India thoughts about it

This is not easy matter No SC judge has balls to drag its legacy in mud and become national villian

That is why I said it will take decades to reach conclusion

Mean while Modi will run its agenda for 10 years that will impact Kashmir