Substituting “Constituent Assembly” with “Legislative Assembly” modifies the text of Article 370 without meeting the provision’s requirements
We see a form of untouchability being practised against the woman in excluding her from the household itself. Senior Advocate Indira Jaising has accurately pointed out to how this extends beyond just “exclusion” and to a complete social boycott. The purification rituals that were conducted inside the temple after the first two women entered is reflective of the deeply entrenched notion of untouchability.
The procedure mandates that the local administrative authorities requisition Central Police Forces through the prescribed channels. What was the emergency that prompted the Centre to abandon the prescribed procedure? Argument that CRPF was not deployed in aid to Civil Authority but to protect an office complex does not hold good. The deployment of CRPF in Kolkata was patently unconstitutional.
CJI Gogoi remarked that he had read the application filed by the CBI, but could not find anything substantial to show that the evidence are being destroyed. However, CJI asked SG Mehta to place the evidence on record to substantiate that West Bengal authorities are tampering with evidences. At the same time, CJI Gogoi also made it clear that even if Police Commissioner Kolkata is remotely thinking to destroy the evidence, court will come down so heavily on him that he would regret. The application filed by the CBI would be listed tomorrow at 10:30 AM, said CJI Gogoi.
Under The Right to Information Act, 2005 (RTI Act), the MHA has refused to disclose the reasons and materials such as file notings which formed the basis for issuing this order. Even more shocking is the MHA's refusal to treat as a valid query. the request for reasons for not complying with the duty of proactive disclosure of all relevant facts and reasons that underpin the order.
If we move beyond the first glance and conduct a closer examination of Constituent Assembly debates, it’s amply clear that the Partition indeed was the running sub-text of the drafting process. In fact, the Constituent Assembly took notice of the unfortunate manner in which the Partition was unfolded, and certain members also referred to the uncountable deaths caused by the partition, a holocaust of massive proportions. The rights of the minorities guaranteed by the Constitution are quintessential examples of the fundamental rights which were deeply influenced by the Partition.