Abrogation of Article 370: A Detailed Analysis

  • Dhriti Anil Kawale and Mohak Agrawal
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  • Dhriti Anil Kawale

    Student at University of Mumbai Law Academy, India

  • Mohak Agrawal

    Student at University of Mumbai Law Academy, India

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Abstract

The Indian Constitution governs the country, ensuring social stability, protecting human rights, and safeguarding mankind from grave crimes. Jammu and Kashmir, a unique state under the Indian Constitution, has special status under Article 370, which defines India-Jammu and Kashmir relations. The 2019 Jammu and Kashmir Reorganization Act provides an essential copy of the Indian Constitution. The Indian government has used constitutional power to abolish Articles 370 and 35A, causing concerns about the region's integration for peace and development. The state's permanent resident laws have been criticized for being discriminatory, including the difficulties faced by West Pakistani refugees, immigrant workers, and female residents. The Jammu and Kashmir Reorganization Order, 2020, abolished 29 state laws and altered 109 Jammu and Kashmir laws, including the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act 2010. Removing Article 370 would enhance national security, eliminate discrimination against women, Dalits, and other marginalized communities, and grant them equal rights and privileges.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 6, Issue 1, Page 132 - 146

DOI: https://doij.org/10.10000/IJLSI.111752

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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