Constitutional and Political Intricacies Involved in Abrogation of Article 370

Abstract

Original Article 370 of the Indian Constitution is temporary, transitional. Special Provision of the State of J&K, This provision grants J&K an autonomous status. In contrast, Article 35A is incorporated into the constitution in 1954, grants special rights and privileges to state citizens. Since its inception, Article 370 has been considered a controversial provision in the constitution. It has been politicized in one or another way. The abrogation of Article 370 cannot be viewed in isolation, as it has proximity with historical, political, and constitutional dimensions. The abrogation of Article 370 is a key issue so far as the autonomy of the people of J&K is a concern. The mode and manner in which Article 370 has been abrogated and the procedure adopted for making Article 370 virtually ineffective is of great concern from the constitutional law point of view. The alarming terrorism in Kashmiris is a persistent threat to the unity and integrity of the nation and Indian democracy. Undoubtedly human rights violation of Kashmiri people through militant has always been an issue of great concern for Indian patriotism. In furtherance to the unity and integrity of the nation and to resolve the issue of Jammu and Kashmir with intent to have uniform opportunities of development, all the states, including Jammu and Kashmir, the Article 370 has been abrogated. Even though this decision was a courageous attempt on the government’s part, it is not free from wide controversies. This paper examines the constitutional and political dimensions of the abrogation of Article 370 and its impact on the people of Jammu and Kashmir. The research paper examines the political, social, and legal intricacies, including the logical insight into how abrogation was politically judicious; however, the constitutionality is debatable. Paper squarely covers the historical, political, and constitutional dimensions of the abrogation of Article 370 and examines it from a constitutional point of view. The researchers have pertinently tried to analyze and evaluate the abrogation of Article 370 as a political necessity on the touchstone of constitutional principle and have correlated it with human rights.

Imprint

Dhanaji Mukund Rao Jadhav, Aiswarya Krishnan, Devi S. Vijay. Constitutional and Political Intricacies Involved in Abrogation of Article 370. Cardiometry; Issue 24; November 2022; p.465-474; DOI: 10.18137/cardiometry.2022.24.465474; Available from: https://www.cardiometry.net/issues/no24-november-2022/constitutional-political-intricacies