Title: Abolishment of Article 370
Authors: Divya Mohite, Pooja Yadav and Palak Agrawal
Introduction: Article 370 acknowledges the special status of the state of Jammu and Kashmir in terms of autonomy and its ability to formulate laws for the state’s permanent residents.
Objective: To understand the phenomena of the Opinions on Abolishment of Article 370.
Literature Review:
Article 1 – THE RECASTING OF ARTICLE 370
Although the powers of the state government to grant concurrences were subject to the final decision of the constituent assembly, as stated in Article 370’s clauses 2 and 3, it was held by the Supreme Court in the Sampat Prakash case that these powers persisted after the constituent assembly was dissolved in 1957. Determining the foundation of powers under Article 370 that extend beyond the tenure of the state’s constituent assembly takes importance while the lawsuit contesting the Indian government’s acts of August 5 is still pending before the Supreme Court. Even more so when the constitutional text expressly forbids such a power and the same results from a judicial decision. This article’s goal is to assess Sampat Prakash’s logic and create a framework for the use of Article 370 powers during the post-constituent assembly phase. I’ll make the case that it’s important to distinguish between the various ways in which the powers granted by Article 370 are used, and to take both the Indian Constitution that applies to J&K and the state’s own constitution into account. In Sampat Prakash, the court acknowledged three different types of amendments, but only one of them, the extension of Indian constitutional amendments to the state, has constitutional authority, I shall contend. (Deva et al., 2021)
Article 2 – Constitutional and Political Intricacies Involved in Abrogation of Article 370
The Indian Constitution’s original Article 370 is a transitory provision. J&K State’s Special Provision J&K is given autonomy under this clause. Article 35A, which was added to the constitution in 1954 and gives state citizens additional rights and benefits, contrasts this. Article 370 of the constitution has drawn criticism ever since it was first introduced. It has been politically charged in some way. The repeal of Article 370 must be considered in the context of other historical, political, and constitutional issues; it cannot be seen in isolation. When it comes to the autonomy of the people of J&K, the abrogation of Article 370 is a crucial problem. From the perspective of constitutional law, the way that Article 370 was repealed and the process used to effectively render it ineffective are of grave significance. The nation’s unity and integrity as well as Indian democracy continue to be under danger due to the worrying terrorism in Kashmir. Unquestionably, Indian patriotism has always taken seriously the issue of human rights abuses committed by militants against Kashmiri citizens. Article 370 has been repealed to promote national unity and integrity as well as to end the Jammu and Kashmir conflict so that all states, including Jammu and Kashmir, have equal development possibilities. Although the administration made a brave attempt with this choice, it is not without significant controversy. This essay analyzes the constitutional and political implications of Article 370’s repeal as well as its effects on Jammu and Kashmir’s residents. Intricacies in politics, society, and law are examined in the study paper, along with a logical explanation of why abrogation was politically wise, though the constitutionality is in question.The paper analysis the repeal of Article 370 from a constitutional standpoint and covers its historical, political, and constitutional aspects in-depth. According to the benchmark of constitutional principle, the scholars have pertinently attempted to study and evaluate the repeal of Article 370 as a political necessity and have connected it to human rights. (Jadhav et al., 2022)
Data Collections:
The following five questions were prepared on Likert scale, and responses were collected using google form.
Article 370 was a necessary provision for Jammu and Kashmir.
Abolishing article 370 was a positive move for the development of Jammu and Kashmir.
The economy of Jammu and Kashmir has enhanced after the article 370 abolished
The integration of Jammu and kashmir and India has improved after article 370 abolished
The security situations in jammu and Kashmir has been better after article 370 abolished
Data Analysis:
The data collected was then downloaded in excel. Mean, Standard deviation, Standard error, and Z were calculated.
Sr No.
Questions
Mean
SD
SE
Z
Result
1
Article 370 was a necessary provision for Jammu and Kashmir.
3.43
1.38
0.14
3.11
H1
2
Abolishing article 370 was a positive move for the development of Jammu and Kashmir.
3.54
1.27
0.13
4.26
H1
3
The economy of Jammu and Kashmir has enhanced after the article 370 abolished
3.68
1.08
0.11
6.35
H1
4
The integration of Jammu and kashmir and India has improved after article 370 abolished
3.65
1.17
0.12
5.58
H1
5
The security situations in jammu and Kashmir has been better after article 370 abolished
3.75
1.24
0.12
6.00
H1
Conclusion:
People agree that Article 370 was a necessary provision for Jammu and Kashmir
People agree that abolishing article 370 was a positive move for the development of Jammu and Kashmir
People agree that the economy of Jammu and Kashmir has improved after article 370 abolished
People agree that the integration of Jammu and Kashmir and India has improved after article 370 abolished
People agree that the security situations in Jammu and Kashmir has been better after article 370 abolished
References:
Deva, Zaid. “OF A TUNNEL AND A (QUALIFIED) TRAFFIC: AMENDMENT ORDERS, SAMPAT PRAKASH, AND THE RECASTING OF ARTICLE 370” Vol. 33, Iss. 2, pages 225-254 (2021), National Law School of India Review; Bangalore.
Jadhav, Dhanaji Mukund Rao; Krishnan, Aiswarya; Vijay, Devi S. Constitutional and Political Intricacies Involved in Abrogation of Article 370 Iss. 24, (Nov 2022): 538-547. Cardiometry; Moscow