ABROGATION OF ARTICLE 370 OF THE CONSTITUTION OF INDIA

Dr. Riddhi B. Sommanek

Abstract


Article 370 has been the subject of heated debate ever since it was first proposed. There is no other article of the Indian Constitution that has elicited as much interest and passion in the mind of the common Indian as Article 370 of the Constitution. The debate on this topic ranges from highly technical to highly emotional ones, depending on who is speaking. The matter at hand is not only legal or constitutional in nature, but also incorporates political dimensions of enormous proportions as well. In a way that makes the problem incredibly complex, both are intricately intertwined with one another. Moreover, the ramifications and impact of this Article on India's Constitution as well as the politics of this subcontinent must be fully understood by the public. The Indian Constitution is more than just a legislative framework intended to accommodate clashing political viewpoints from a bygone era. It is also a social contract. A thriving democracy like ours is deserving of more. In an ideal world, the constitution would reflect the ambitions, aspirations, and ideals of the people who drafted it, not the other way around. In order to assess its character and vitality, it must be appraised on the basis of the honesty and efficacy with which it infuses and enforces these elements. This article is an attempt to investigate the origins of this Article and to determine the amount to which it reflects the values, hope, and aspiration of the typical Indian, as well as the extent to which it is actually achieving the goals for which it was originally intended. In addition, the study attempts to investigate the nature of this article in both its constitutional and legal dimensions, as well as to demonstrate the impact it has on the fundamental structural integrity of our constitution, among other things. In both the country and among constitutional scholars, there is a major division in opinion on whether Article 370 should be retained or scrapped. The amount to which one understands the true nature of the situation determines the answer to this question. The purpose of this study is to make a little contribution to that understanding.

Keywords


Article 370, India, Indian Constitution

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References


A.S. Anand, The Constitution of Jammu and Kashmir (7th edn, Universal Law Publishing Co.2013)

Arvind Lavakre, The truth about Article 370 (Rambhau Mhalgi Prabodhini 2005) 23-24

Arvind Lavakre, The truth about Article 370 (Rambhau Mhalgi Prabodhini 2005) 11-12

Constitutent Assembly Debates (India), Vol. X, No. 5

Jammu And Kashmir, Article 370 : law and Politics, by A.G. Noorani, Front Line, Volume 17 – issue 19, Sep 16-29 , 2000

K.L. Bhatia, Article 370 of the Constitution of India (1st edn, Deep and Deep Publications, 1997) 34

See original text of Thirteenth Amendment Act, 1962

See original text Part XXI, Constitution Of India

See The Constitution Application To Jammu And Kashmir Amendment Order 1950,

State Autonomy Committee Report, p 63 quoted at page 28, Arvind Lavakre, The truth about Article 370 (Rambhau Mhalgi Prabodhini 2005) 23-24


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