The law of our country is the Constitutional law of our country. All our
rights, all our freedoms and all the security that we have is all within the
Constitutional law of our country. Pen mightier than the sword? Definitely.
The most important part about our Constitution is that it is subject to
changes. After all, our Constitutional law has to change with the times too.
This also means that sometimes some citizens demand a change while some resist.
Which provisions of our Constitutional law have provoked passions and dominated
debates? Here are some of them:
Article 370
Whenever the conversation turns to Jammu & Kashmir, this Article from
our Constitution always pops up. Why? Under Constitutional law, J&K is
treated as an unique case, with the State Assembly of J&K deciding whether
the provisions of the Constitutional law apply to the state. Except for Finance
& Communications, Defence, Foreign Affairs, the state has the final say in
the others. Over time however, laws and acts have been applied to the state in
many respects, ranging from recovery of loans to inheritance of property by
daughters. As of now, the most noteworthy aspect about it is the difficulty for
non J&K citizens to buy property and settle there.
Article 355
Under Article 355, our Constitutional law protects the Armed Forces
(Special Powers) Act. Acording to this Act, when a specific state/ union
territory is deemed to be 'disturbed' by the Governor of the said place, the
Central government can send in armed forces there. Under AFSPA, the forces are
empowered to arrest in the absence of warrants, shoot and kill after a mere
warning, and most importantly are
provided with legal immunity for their actions. Present in Manipur and J&K,
the law has been accused of being 'draconian' and of being abused.
Article 371A
Our Constitutional law has a special entry for Nagaland. Under this
article, no law may apply to Nagaland if it interferes with religious &
social practices, as well as customary law of the Nagas, and also with respect
to ownership and sale of land in the state. This has also meant that the
traditional practice of keeping women away from the decision making bodies has
been maintained; the recent protests in the state were related with, among
other factors, to the proposal of 33% reservation of seats for women in the
muncipal bodies.
Article 356
President's Rule? This is that article from our Constitutional law which is
responsible for it. Of course, while successive governments at the Centre have
nudged here & there and helped to bring about change in the ruling
government in a state, the courts have also acted to mak sure that this
Constitutional law is not abused.
