THE ABROGATION OF ARTICLE 370 AND ITS’ CONSTITUTIONAL VALIDITY

Abstract

The State of Jammu and Kashmir went through extraordinary and potentially notable changes on August 5, 2019, while the President was in power. These changes drastically impacted the State's constitutional relationship with the Union of India. As a rule, these noteworthy improvements incorporate the compelling cancellation “of Article 370 of the Indian Constitution and the division of the State of Jammu and Kashmir into the Union Domains of Jammu and Kashmir and Ladakh, ending Jammu and Kashmir's unique status under the Indian Constitution. This article initially portrays the legitimate activities used” to achieve these alterations prior to analyzing their constitutionality. The paper likewise gives a lawful criterion to such decisions that the President and Parliament might make when President's rule is set up, and makes the contention that, when held up to this norm, canceling Article 370 and parting the State of Jammu and Kashmir are unlawful. The examination additionally looks at past Supreme Court judgements on executive and legislative policy issues to decide the extent of judicial review in the ongoing case.