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Abrogation Of Article 370: An Act Of Political Aggression Or A Move Towards Inclusive Democracy?

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M.K. Guru Prasath & T. Charumathi, BBA LLB (Hons), The Tamilnadu Dr. Ambedkar Law University, School of Excellence in Law


ABSTRACT:


The Abrogation of Article 370 of the Indian Constitution was a watershed moment in the history of the India. This paper aims to provide a thorough analysis of the decision to remove the special status of Jammu and Kashmir and its implications on the region, as well as on India's broader political and socio-economic landscape.Starting with a historical overview of Article 370 and its evolution, the paper explores the unique provisions that granted Jammu and Kashmir a level of autonomy different from other Indian states. It then delves into the legal and constitutional complexities surrounding the revocation process. The paper also examines the geopolitical ramifications of this decision, particularly its impact on relations between India and Pakistan and on the security dynamics in the region. Additionally, it looks at how the revocation has affected the residents of Jammu and Kashmir, including changes in demographics and socio-economic challenges faced by the region post-370.By taking 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 wide-ranging consequences. It highlights the intricate interplay of factors that have shaped the region and the nation, prompting further discussion on how this historic event has influenced the ongoing challenges and opportunities for the people of Jammu and Kashmir and the whole nation. This paper conducts a harms-benefits analysis of the impact that Article 370's removal has had on modern Jammu and Kashmir and Ladakh, offering insights into the repercussions of this significant change.


Keywords: Abrogation, Article 370, Jammu & Kashmir, Ladakh

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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