Abrogation Of Article 370: Its Legality And Impact On State Of Jammu And Kashmir

Akanksha Yadav, BA LLB(H), Amity Law School, Amity University, Noida

Dr Rekha Verma, Assistant Professor, Amity Law School, Amity University, Noida

ABSTRACT

Article 370 of the Constitution provided special privileges and autonomy to the State of Jammu and Kashmir. Article 370 was formulated to give effect to the Instrument of Accession. The Instrument of Accession was a document which contained terms and conditions on which the Jammu and Kashmir joined India after Partition. It provided that some special powers and privileges will be granted to Jammu and Kashmir. Further the region of Kashmir has a great strategic importance for India and India did not wanted to lose it to Pakistan at any cost. Hence Article 370 was formulated. As per the debates of the Constitutional Assembly of India, it can be observed that Article 370 was meant to be a temporary provision. In the year 2019, the government of India decided to abrogate Article 370 and Reorganise the State of Jammu and Kashmir into 2 Union Territories-Ladakh and Jammu and Kashmir. The reason given by the government for abrogation is that it will lead to empowerment of local people of Jammu and Kashmir, development in the region, bring equality and will end discrimination. But many people have expressed their concern on the way the process of abrogation of Article 370 was carried out. They say that the process was unconstitutional and undemocratic as the process was done in violation of Article 3 and Article 370 of Indian Constitution. The Abrogation of Article 370 has led to both positive and negative impact in the Region of Jammu and Kashmir. No doubt it has led to economic and political development in the region to some extent. But there are some shortcomings as well. The Supreme Court of India in its judgement has upheld the Abrogation of Article 370 and Jammu and Kashmir Reorganisation Act,2019. Further it has also asked the government to restore statehood of Jammu and Kashmir as soon as possible.