Abrogation of Article 370: Political Attack or Step for Holistic Democracy?

6(5) IJLMH Page 2343-2356 (2023), DOI: https://doij.org/10.10000/IJLMH.116040

15 Pages Posted: 20 Nov 2023

See all articles by Tanya Bhattamishra

Tanya Bhattamishra

University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University

Date Written: October 16, 2023

Abstract

The abrogation of Article 370 of the Indian Constitution in August 2019 marked a significant turning point in the history of the Indian subcontinent. This paper aims to comprehensively analyse the decision to revoke the special status of the state of Jammu and Kashmir and its implications on the region, as well as the wider political and socio- economic landscape of India.

This paper begins by providing a historical context of Article 370 and its evolution, shedding light on the unique provisions that granted the state of Jammu and Kashmir a level of autonomy distinct from other Indian states. Following this, it delves into the complex legal and constitutional dimensions that surrounded the abrogation process. The paper then examines the geopolitical consequences of this monumental decision, with a focus on its impact on India-Pakistan relations and the security dynamics in the region. The paper also explores the implications for the residents of Jammu and Kashmir, including the altered demographics and the socio-economic challenges faced by the region in the post-370 era. Through a multidisciplinary approach that integrates historical, legal, political, and socio- economic perspectives, this paper aims to provide a comprehensive understanding of the abrogation of Article 370 and its far-reaching consequences. It underscores the complex interplay of factors that have shaped the region and the nation, and it invites further discussion on the impact of this historic event on the ongoing challenges and opportunities facing the people of Jammu and Kashmir and the Indian subcontinent as a whole. The paper finally closes by making a harms-benefits analysis of the impact that Article 370 has left on the modern Jammu and Kashmir and Ladakh region.

Keywords: Article 370, Jammu & Kashmir, President Rule, Abrogation, Requirement, Implications

Suggested Citation

Bhattamishra, Tanya, Abrogation of Article 370: Political Attack or Step for Holistic Democracy? (October 16, 2023). 6(5) IJLMH Page 2343-2356 (2023), DOI: https://doij.org/10.10000/IJLMH.116040, Available at SSRN: https://ssrn.com/abstract=4619022

Tanya Bhattamishra (Contact Author)

University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University ( email )

GGS Indraprastha University, C-Block
Main Road, Sector 16C, Dwarka, Delhi- 110078
New Delhi, Delhi 110078
India

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