Proposal for return of Article 370, how legally possible it is?
After the assembly elections in kashmir - SRINAGAR/JAMMU' target='_blank' title='jammu and kashmir-Latest Updates, Photos, Videos are a click away, CLICK NOW">jammu and kashmir, the demand for the return of article 370 has started rising again. In the first session of the assembly, PDP mla Waheed Para also put forward a proposal for the return of 370. There was a lot of debate between bjp and PDP MLAs regarding this proposal.
In fact, PDP mla Waheed Para said in the assembly that along with the restoration of the special status of kashmir - SRINAGAR/JAMMU' target='_blank' title='jammu and kashmir-Latest Updates, Photos, Videos are a click away, CLICK NOW">jammu and kashmir, article 370 should also be restored. However, 28 bjp MLAs registered their protest against this proposal of Waheed Para and created a ruckus in the assembly. Let us tell you, Waheed Para is an mla from Pulwama seat of Jammu and Kashmir.
Is it possible for this to happen?
The PDP mla has put forward this proposal in the assembly of Jammu and Kashmir. It is almost impossible for this proposal to become a law. Actually, from a legal point of view, if a government wants to withdraw article 370, then it can be implemented only by the order of the President and through the resolution of Parliament. However, the consent of the kashmir - SRINAGAR/JAMMU' target='_blank' title='jammu and kashmir-Latest Updates, Photos, Videos are a click away, CLICK NOW">jammu and kashmir Legislative assembly is also necessary in this, which can now become a big legal and political challenge after becoming a Union Territory. Apart from this, if any government tries to take this step in the future, then it will also have to data-face many constitutional and legal hurdles.
How much power do the proposals of the Legislative assembly have?
The proposals presented in the Legislative assembly are usually non-binding and discuss an issue or recommend some action from the government. For example, you can understand it like this that if an mla registers protest against a particular policy or law, then he can present a proposal in the Assembly. As PDP mla Waheed Para did. But it does not put any legal pressure on the government.