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Kashmir’s Altered Status: Legal, Constitutional, International Impacts




Rupal Saxena, LLM, Amity University, Lucknow, Uttar Pradesh

Dr. Juhi Saxena, Assistant Professor at Amity University, Lucknow, Uttar Pradesh


ABSTRACT


The decision by the Indian government to repeal Article 370 of the Indian Constitution, which gave Jammu and Kashmir exceptional autonomy for 70 years, is thoroughly examined in this research study. The paper starts by providing an overview of Article 370's historical context and the circumstances surrounding its annulment on August 5, 2019. It looks at the Indian government's legal system and processes, including as the use of legislative resolutions and presidential orders, which led to the Supreme Court's 2023 decision upholding the abrogation. With an emphasis on federalism, national unity, and the temporary vs permanent character of Article 370, the article examines the constitutional reasons for and against the annulment.


Additionally, it examines the responses from other countries and international organizations throughout the world, such as the viewpoints of China, Pakistan, the OIC, Western countries, and the UN, and assesses the effect on India's diplomatic ties with its neighbours. The study also looks at the socioeconomic and political effects on Jammu and Kashmir's citizens, including shifts in political attitude, economic growth, security conditions, and governance. By looking at special status clauses in other federal systems like Canada, Switzerland, and Spain, a comparative analysis is offered. The study concludes by summarizing the results and talking about how this crucial choice would affect South Asian stability, Indian federalism, and the region going forward.


Keywords: Article 370, Jammu and Kashmir, International Impacts



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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Licensing: 

 

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.

 

Disclaimer:

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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