constitutional law
Querist :
Anonymous
(Querist) 09 December 2010
This query is : Resolved
it is a moot court problem on article 370 of constitution. the problem is like this:
the stat of J&K accedes to indian union & its relations with the union were supposed to be regulated by article 37o of the indian constitution. Article 370 provided that if any other part of the constitution of india has to be extended to the state if J&K it has to be done by the President of India by a Presidential order with the concurrence of the state; & the state defined within Article 370 is government of J&K acting on behest of Constituent Assembly of the state. the constituent assembly of the state was dissolved in 1957 and was substituted by state legislative assembly. despite dissolution of the constituent assembly various provisions of indian constitution continued to be extended to the state of J&K.
the petitioner, MR A, challenges the validity of these extensions on the ground that the state assembly while giving concurrence to the extensions acted beyond its jurisdiction as the state legislative assembly is not and cannot be a substitute for constituent assembly. So, the petitioner wants that the court should quash all the extensions made after the dissolution of the J&K constituent assembly.
R.Ramachandran
(Expert) 10 December 2010
You have a very good moot problem to handle.
Since the Moot problem is completely against the provisions of law, all the points are in your favour and you can win.
But for this you have to do lot of research and study. I would advise you to go through the book "The Constitution of J&K - Its Developments & Comments" by Justice A.S.Anand - Universal Law Publishing Co.
Especially from pages 97 onwards. This will give you a complete picture, guidance and material.
I have given in the attached note a short basic point. You have to develop other points of arguments in a cogent manner.
Querist :
Anonymous
(Querist) 12 December 2010
sir
i have read A S Anand's book but i am confused how to start the problem
