How is ITC reversed?

In India, Intra-Territorial Conflict (ITC) is not a standard legal term in the context of constitutional law. However, if you are referring to the reversal or suspension of provisions of the Indian Constitution or changes in the application of the Constitution in specific territories (like state boundaries, governance, or other constitutional powers), I can interpret that as relating to issues like:

1. Article 370 (Special status for Jammu and Kashmir) – the abrogation of special status granted to Jammu and Kashmir under Article 370 in 2019.
2. Reversal of laws or constitutional amendments, or the application of Union powers to States, such as President’s Rule or modifications in the provisions related to Union and State powers.

1. Abrogation of Article 370 (Special Status for Jammu and Kashmir)

The Article 370 of the Indian Constitution gave special autonomy to Jammu and Kashmir. The government of India in August 2019 abrogated Article 370, effectively ending the special status of Jammu and Kashmir and reorganizing it into two Union Territories (Jammu & Kashmir and Ladakh).

• Provisions related to Article 370:
  • Article 370 (1) allowed for the special relationship between Jammu and Kashmir and the Indian Union.
  • Article 370(3) allowed the President of India to declare that the provisions of Article 370 would no longer apply to Jammu and Kashmir.
  • In 2019, the President issued a Presidential Order under Article 370(1), and Parliament passed a resolution that effectively reversed the application of Article 370 to Jammu and Kashmir.
• Provision in the Indian Constitution:
  • Article 370(3) – “Notwithstanding anything in the foregoing provisions of this Article, the President may, by public notification, declare that this Article shall cease to be operative, or shall be operative only with such exceptions and modifications as he may specify.”

2. President’s Rule and Governor’s Rule (Reversal of Governance Structures)

Article 356 of the Indian Constitution allows for the imposition of President’s Rule in a state if the President believes that the governance of that state cannot be carried out according to the provisions of the Constitution. If this is imposed, the government of the state is placed under the control of the central government.

• Under Article 356, President’s Rule can be imposed and then reversed (i.e., lifted) depending on the political situation in the state or following judicial review.

Landmark Cases Related to Reversal or Suspension of Constitutional Provisions:

1. Prem Singh v. Union of India (1965)

• This case dealt with the validity of Presidential orders under Article 370. It involved the challenge to the application of laws in Jammu and Kashmir, and the Supreme Court ruled in favor of the broad powers of the President to issue such orders under Article 370.

2. Kashmir Case (2019) – Article 370 and Article 35A

• The Constitutionality of the 2019 abrogation of Article 370 was challenged in the Supreme Court. The case is still pending, and it will determine the legal validity of the reversal of Article 370. The petitioners argued that the abrogation violated the basic structure of the Constitution, while the government argued that Article 370 was a temporary provision and could be altered.

3. S. R. Bommai v. Union of India (1994)

• This landmark case dealt with President’s Rule under Article 356. The Supreme Court held that the imposition of President’s Rule should not be arbitrary and must be subject to judicial review, ensuring that it is not misused for political purposes. The case established important principles regarding the scope and review of Presidential proclamations under Article 356.

4. Minerva Mills v. Union of India (1980)

• This case clarified the basic structure doctrine and its application to the Indian Constitution. While it did not directly deal with ITC (reversal of territorial conflicts or provisions), the ruling emphasized the limits on Parliament’s power to amend the Constitution, suggesting that certain fundamental aspects of the Constitution cannot be altered, such as the federal structure or the division of power between the Union and the States.

Summary of Key Provisions and Cases:

• Reversal of Provisions in the Indian Constitution can be done through Presidential Orders, Amendments, or Reorganization (like in the case of Jammu and Kashmir in 2019).
• Article 370 allows for special status provisions, which were reversed in 2019.
• Article 356 deals with imposition of President’s Rule, which can be reversed based on changing political circumstances or judicial review.
• Landmark cases like Prem Singh v. Union of India, Kashmir case (2019), and S. R. Bommai v. Union of India discuss the limits and reversals of constitutional provisions concerning special status or governance.

If you had a different legal concept in mind or were referring to something more specific regarding territorial conflicts or governance changes, feel free to clarify!