Sudhangee Handoo, Presidency University, Bangalore, Karnataka, India
ABSTRACT
Since 1947, the state of Jammu and Kashmir has been the source of tension between India and Pakistan. Both countries, which are now nuclear powers, have fought wars in 1948, 1965, and 1971, as well as the 1999 Kargil Conflict over the Kashmir issue. War is a terrible thing, the horrors of war cannot be adequately described in words. The consequences last for generations, if not millennia. India has repealed Articles 370 and 35A of the Indian Constitution. If the Kashmir issue is not resolved quickly, it could spark a new conflict between the nuclear-armed rivals Pakistan and India, destabilising not only the region but the entire world.
The clauses linked to the abrogation of Article 370 and Article 35–A of the Indian Constitution by the Parliament of India, as well as the circumstances that followed, are discussed in this research paper. Articles 370 and 35–A, outline the special status accorded to the people of Jammu and Kashmir, who are a stable population in the state, and provide them with particular privileges that are not available to the rest of India. When there is a threat to public safety during rioting, Section 144 of the Indian Penal Code is invoked. Parliament passed the Jammu and Kashmir Reorganization Act, which included laws to divide the state of Jammu and Kashmir into two union territories, the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh, without legislation. The Central Government's goal in repealing and reorganizing these Articles of the Indian Constitution was to integrate Kashmir into India so that the State of Jammu and Kashmir might benefit from possibilities that were previously unavailable to them since they had their own constitution. Its goal was also to put an end to terrorism in the country and to fulfill the demand of the people of Ladakh, who wanted the region to become a union territory. In addition, this research paper discusses the history of the state of Jammu and Kashmir, the implications of the Indian Constitution's abrogation of Article 370, the effects of the amendment, the world's reaction to the amendment, and the state's future and current progress.
