Rishiraj Singh B, Christ (Deemed to Be University)
ABSTRACT
Although it is contended that, by and large, the Indian Constitution provides for a federal scheme of governance, it can be said in certain terms that there is a considerable amount of asymmetry that is attached to the federal feature of the Indian polity. One manifestation of the asymmetric federal character of the Indian Constitution is the special status and autonomy accorded to the state of Jammu and Kashmir under Article 370 of the Constitution. But however, the abrogation of Article 370 on 5th August, 2019, by a Presidential Order, will go down in the history books as the most pivotal point in the first quarter of the 21st century in relation to the status of Jammu and Kashmir and its autonomy. To begin with, this paper addresses the concept of federalism, the nature of Indian federalism and the asymmetric aspect of Indian federalism. In addition, the paper attempts to thoroughly understand the origin and the horizons of Article 370. Furthermore, the paper attempts to touch upon the impacts of the abrogation of Article 370 across various fronts of federalism. Finally, at this juncture, the paper progresses on to its primary aim which is to critically analyse the abrogation of Article 370 in light of the Indian Constitutional framework.
Keywords: Federalism, Asymmetric Federalism, Article 370, Special Status of Jammu and Kashmir, Instrument of Accession.
