Understanding Article 370: Origin, Evolution and Significance

  • Shahzaad Hussain Baig and Dr. Anil Dixit
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  • Shahzaad Hussain Baig

    Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

  • Dr. Anil Dixit

    Assistant Professor at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

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Abstract

The abrogation of Article 370 and the subsequent enactment of the Jammu and Kashmir Reorganisation Act, 2019, marks a significant constitutional and political milestone in the history of India. This study aims to critically analyse the implications and ramifications of this historic move, particularly focusing on its legal, political, social, and economic dimensions. The study begins by providing a comprehensive overview of Article 370 of the Indian Constitution, its historical context, and the unique special status it conferred upon the state of Jammu and Kashmir. It delves into the debates and controversies surrounding Article 370, examining the arguments both in favour of its retention and those advocating for its abrogation. Furthermore, the study conducts a detailed examination of the Jammu and Kashmir Reorganisation Act, 2019, analysing its provisions and the manner in which it alters the administrative and political landscape of the region. Special attention is given to the implications of the reorganization on governance, citizenship rights, and socio-economic development in Jammu and Kashmir and Ladakh. Moreover, the study explores the responses and reactions elicited by the abrogation of Article 370, both domestically and internationally, assessing the geopolitical implications and diplomatic ramifications of this transformative constitutional amendment. Through a multidisciplinary approach encompassing legal analysis, political science, and socio-economic perspectives, this study seeks to contribute to a nuanced understanding of the complexities surrounding the abrogation of Article 370 and its aftermath. It aims to provide insights that can inform future policy decisions and academic discourse on the subject, while also fostering a deeper appreciation of the historical and constitutional significance of this landmark event.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 1818 - 1838

DOI: https://doij.org/10.10000/IJLMH.117651

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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