The Abrogation Of Article 370: Reassessing India’s Model Of Asymmetrical Federalism
- IJLLR Journal
- Nov 20
- 1 min read
Riddhi Gupta, LLM, Amity Law School, Amity University, Noida
ABSTRACT
Article 370, which was crafted as a constitutional device in order to address the unique accession of Jammu and Kashmir to the Indian Union in 1947, embodied a distinctive kind of asymmetry within India’s federal structure. Though it was labelled as a “temporary provision”, it evolved into a symbol of autonomy and a means for managing diversity. The constitutional arrangement took a decisive turn in August 2019, when Article 370 was effectively abrogated through a Presidential Order, followed by the enactment of the Jammu and Kashmir Reorganisation Act, 2019. This paper seeks to explore the historical origins of Article 370, examine its constitutional foundation and judicial interpretations, and analyse the political as well as federal implications that emerged from its repeal. It also situates India’s experience into broader comparative frameworks of asymmetrical federalism structure being followed in countries like Canada, the UK, and the USA. It concludes by revisiting whether India’s shift from accommodation to uniformity strengthens or undermines its constitutional project of unity in diversity.
Keywords: Article 370, Jammu & Kashmir, asymmetrical federalism, constitutional law, Indian federalism, abrogation.
