The story of abrogation of Article 370 and its aftermath

Author: Priyanka Bajpai, Student, Institute of Law, Nirma University, Ahmedabad, Gujarat, India


ABSTRACT Article 370 of the Indian Constitution which conferred special status to the State of Jammu & Kashmir had a crucial history behind its inception in the Constitution. This provision enabled autonomy to the J&K concerning the laws to be applicable in the State along with the privilege of having its own Constitution and separate flag. This status had only been conferred to one State in India having crucial geographical and strategic importance due to military conflict with Pakistan and it remained operative for over 69 years until its removal in the year 2019. The sudden abrogation of Article 370 from the Indian Constitution by the Union Government has led to another series of controversial debates over special status enjoyed by the State over years Considering the historic nuances attached to the state of J&K, the abrogation of Article 370 was viewed by some experts as a polished political move by the present Government defying the Constitutional contours while some consider that it was a legitimate move so far as the developmental impediments on the region are concerned. This article aims to underpin the entire story behind the special status enjoyed by J&K till the abrogation of this provision from the Constitution. This article discusses the historic accession of Jammu and Kashmir in the Dominion of India, the drafting of Article 370 in the Indian Constitution, the historic abrogation of Article 370 resulting in repealing of the special status of Jammu and Kashmir and the aftereffects ensuing from the abrogation of this provision.

Keywords: Article 370, Special status, Accession, Abrogation of Article 370, Jammu and Kashmir.


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