A Critical Analysis of Abrogation of Article 370 with special reference to Article 368 of the Constitution

Abstract

Article 370 and Article 35A of The Constitution of India is a unique and most debatable provision which exclusively deals with Jammu and Kashmir. Article 370, which granted special status and more autonomy to Jammu and Kashmir and defined the relationship of Jammu and Kashmir with the rest of the country, has been abrogated by the Government of India by issuing a Presidential Order (C.O272) and a statutory resolution on August 5, 2019, and scrapped the Article 35A which defines the State 'permanent resident' and their special rights and privileges which are attached to such residency. Now the existing state of Jammu & Kashmir is bifurcated into two Union territories – (1) the Union Territory of Jammu & Kashmir with a Legislative Assembly and (2) the Union Territory of Ladakh without a Legislative Assembly. The primary purpose of this paper is to critically analyze various aspects of Article 370, the constitutionality of the procedure of abrogation of Article 370, and its relation with Article 368 of the Constitution.