Deepti Sen, Bhimrao Ambedkar University, Lucknow
ABSTRACT
Abrogation of article 370 in august 2019 has been one of the highly criticized move taken by the government. In a democratic country the strength lies with the people of the nation and not in the concurrence of the governor who is the head of the state. The special status of the state was taken away in a rushed manner and cannot be equated with the presumption of the constitutionality. The state was reorganized when it was under the President’s rule in a haste and perfunctory way of proceedings in the Parliament. Article 370(1) and the Presidents power under clause 3 of the said article was in question throughout. By scrapping off the article, the special privileges and the rights of people of the Jammu and Kashmir has been taken away. Moreover it was also in the nature of the coercive federalism as opposed to the idea of the cooperative federalism since the way centre has bypassed the provisions of the Constitution as it brought a constitutional amendment without amending the constitution and same time without any involvement of the people there. Hence this article resurfaces the coercive federal act of scrapping off article 370 through the Presidential order.
