From a Sovereign State to a Union Territory: A History of the Constitutional Erosion in Kashmir

Abstract

The unilateral abrogation of Article 370 on August 5, 2019, by the Government of India signalled the culmination of the constitutional erosion in Jammu & Kashmir (J&K). This move, now endorsed by the Indian Supreme Court, prompts a retrospective glance at the State’s gradual loss of sovereignty since its signing of the Instrument of Accession with the Dominion of India in 1947. Unlike other States, J&K retained sovereignty, delegating legislative power exclusively for defence, external affairs, and communication to the Indian Dominion legislature. This article endeavours to delineate J&K’s distinct status, meticulously tracing the erosion of its semi-autonomous position post the dissolution of its Constituent Assembly in 1957. Through a critical analysis of the Instrument of Accession, Article 370’s role in codifying the terms of accession, pivotal judgments from the Supreme Court and the J&K High Court, and other pertinent documents, it sheds light on the gradual dismantling of J&K’s unique constitutional position within India’s framework.