Abrogation Of The Articles 370 And 35[A]: A Study In The Context Of Recent Development And Future Of The State

Authors

  • Dr. Ram Charan Meena Government Law College

DOI:

https://doi.org/10.53724/inspiration/v6n3.06

Keywords:

Abrogation, Article 370 and Article 35[a] of the Indian Constitution, Jammu and Kashmir, Autonomy

Abstract

In the present research paper, talks about the provisions related to the abrogation of Article 370 and Article 35–A of the Indian Constitution by the Parliament of India and the circumstances present after that. Article 370 and Article 35–A describe about the special position given to the populaces of Jammu and Kashmir and who are stable populaces of that state and deliver them with special rights which are not available to the rest of the Indians. Section 144 of the Criminal Penal Code is allotted at the time of safety risk during riots. The Jammu and Kashmir Reorganization Act was passed by Parliament, with legislation to bifurcate the state of Jammu and Kashmir into two union territories called the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh without legislation. The objective behind the repeal and reorganization of these Articles of the Indian Constitution by the Central Government was to integrate Kashmir into India so that the State of Jammu and Kashmir can also take advantage of opportunities which are not available to them, as they had a separate Constitution earlier. Also, its aim was to end terrorism in the nation and accomplish the demand of the persons of Ladakh as they wanted it to become a union territory. Also, this research paper discussions about the past of the State of Jammu and Kashmir, the effects of abrogation of Article 370 of the Indian Constitution, the effects of the amendment, the world’s reaction to this amendment and finally the future and recent progress of the state.

References

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Clause [a].

Clause [b].

The proclamation, in Clause [c][ii], suspended a provision of Article 3 of the Constitution, which required the President to refer a Bill for the reorganization of the State to the Legislature of a State if it did not cover the area, boundaries or the name affects the State.

The Constitution [Application to Jammu and Kashmir] Order, 2019.

Section 1[2] of the Constitution [Application to Jammu and Kashmir] Order, 2019.

Declaration under Article 370[3] of the Constitution, 6th August, 2019, C.O. 273.

Under the 2018 proclamation, the President had suspended the requirement to send a bill to the legislature under a provision of Article 3 of the Constitution.

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Anand A.S. [2004], The Constitution of Jammu and Kashmir, Universal Publication, New Delhi, at p. 97.

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WP [Civil] No. 9300/2015.

2 SCC 538.

Anand A.S. [2004], The Constitution of Jammu and Kashmir, Universal Publication, New Delhi, at p. 104.

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Published

30-06-2021

How to Cite

Dr. Ram Charan Meena. (2021). Abrogation Of The Articles 370 And 35[A]: A Study In The Context Of Recent Development And Future Of The State. Research Inspiration: An International Multidisciplinary E-Journal, 6(III), 31–37. https://doi.org/10.53724/inspiration/v6n3.06

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Articles