Controversial Provisions Research Articles

Evolution of Kenyan Citizenship Regime: Pre- and Post-2010 Eras

Abstract Debates on citizenship are never conclusive as this is an evolving idea and practice. Formal citizenship in Kenya has its genesis prior to independence when the country was drafting its 1963 Independence Constitution. Before then, most Kenyans were considered subjects by the colonial administration, governed by a racialised hierarchical colonial order. This phenomenon changed in postcolonial Kenya as the nation’s primary focus was on eliminating these racial hierarchies to include those previously excluded as citizens. However, some of the statutory provisions on citizenship were contentious as they promoted discrimination and inequalities. The endorsement of Kenya’s new constitution in 2010 is termed transformative as it addresses the controversial provisions on citizenship. Through secondary source research, this paper aims to trace the development of formal citizenship in Kenya from colonial times to date and maps out the milestones made over time and space in citizenship on its acquisition, duality and statelessness.

СПЕЦІАЛЬНІ НОРМИ ЩОДО КРИМІНАЛЬНО-ПРАВОВОГО ЗАХИСТУ ЖУРНАЛІСТСЬКОЇ ДІЯЛЬНОСТІ (ст. ст. 345-1, 347-1, 348-1, 349-1 КК УКРАЇНИ): НАУКОВО-ПРАКТИЧНИЙ КОМЕНТАР ОКРЕМИХ ДИСКУСІЙНИХ ПОЛОЖЕНЬ

У роботі надано науково-практичний коментар окремих положень статей 345-1, 347-1, 348-1, 349-1 КК України, за результатами проведення якого було, по-перше, сформульовано рекомендації щодо вирішення тих дискусійних питань, відсутність відповідей на які може завадити ефективному застосуванню вказаних заборон, по-друге, виявлено притаманні відповідним нормам недоліки, наявність яких уже негативно позначається на результативності перших, та висловлено пропозиції щодо усунення останніх. Зокрема, наведено додаткові аргументи на користь висловленої в юридичній літературі пропозиції щодо поміщення всіх норм, присвячених кримінально-правовій охороні журналістської діяльності, у розділ V «Кримінальні правопорушення проти виборчих, трудових та інших особистих прав і свобод людини і громадянина» Особливої частини КК України. Доведено, що застосування до журналіста ударів та інших насильницьких дій, що завдали фізичного болю і не спричинили тілесних ушкоджень, а також мордування та катування вимагає кваліфікації за сукупністю за ст. 171 та ч. 1 (ч. 2) ст. 126 або ст. 127 КК України, а не за ст. 345-1. Водночас підтримується точка зору щодо доцільності згадування в оновленій ст. 345-1 КК України про відповідні і наразі не вказані у ній види насильства. Висловлено наукову гіпотезу стосовно того, що у випадку, коли погроза насильством (крім погрози вбивством) та насильство, що були застосовані до журналіста, були об’єднані єдиним умислом, вчинене потребує кваліфікації лише за ч. 2 ст. 345-1 та без посилання на ч. 1 ст. 345-1 КК України. Аргументовано, що у випадках, коли погроза або насильство щодо журналіста здійснюються з метою перешкоджання законній професійній діяльності останнього, вчинене має кваліфікуватися за сукупністю за ч. 1 (ч. 2) ст. 171 та відповідною частиною ст. 345-1 КК України; у випадку ж переслідування за виконану професійну діяльність дії винного мають отримувати кримінально-правову оцінку з посиланням вже на ч. 2 ст. 171 та ст. 345-1 КК України.

PLAIN LANGUAGE INTERVENTION TO IMPROVE PUBLIC UNDERSTANDING OF LEGAL LANGUAGE: DESCRIPTIVE ANALYSIS OF CONTROVERSIAL ARTICLES IN THE JOB CREATION LAW

Objective: This article discusses the plain language intervention to enhance public understanding of legal language, particularly regarding the controversial provisions of the Job Creation Law. Methodology: The research was conducted through a survey distributed to individuals from various educational and professional backgrounds. Theoretical framework: This research uses several simple language approaches such as, Bivins (2008); Mukherjee, et al. (2017); Wojcik (2013); and Wydick & Sloan (2019). This framework is used to intervene in legal language to make it simpler and easier to understand. Results and Conclusion: The questionnaire results indicated that 82.6% of respondents had a better understanding of the simplified (plain language) version of legal text, while only 17.4% understood the original legal language version. This correlated with a decrease in the lexical density index by 9.07 (25.11%) after the implementation of plain language. These findings demonstrate that the general public faces difficulties in comprehending legal language and expresses the desire for improvements in the use of simpler and more understandable legal language. Legal documents tend to be challenging to understand due to the extensive use of technical terms, long and complex sentences, and ambiguity in expressing legal meanings. Originality/Value: In the context of the Job Creation Law, the reduction in lexical density through the implementation of plain language has helped improve public understanding of legal language. However, there is a need for awareness and improvement in the use of legal language by policymakers and authorities to ensure that legal language is accessible to the general public.

An examination of the Petroleum Industry Act 2021: prospects, challenges, and the way forward.

Background: The study examines the gaps in the provisions of the Petroleum Industry Act (PIA) that could hinder the effective application of the Act in attaining its objectives. The repealed Petroleum Act of 1969 became obsolete and largely incapable of meeting the emerging global best practices in the industry due to inadequate sanctions, failure to address the aspirations of the people of the oil-bearing states, among others. Hence, the need for the PIA of 2021 to overhaul the industry to meet global standards though some controversial provisions that pose challenges to its proper implementation. Methods: The study examines the PIA to identify its prospects, challenges, and the way forward. The methodology the study utilises is doctrinal research with reports from existing literature and tertiary data sources such as newspapers, the Internet, and websites. Pertinent data collected from these sources were theoretically analysed and argued with current literature on the subject. Results: The finding is that the PIA does not make adequate provisions for the energy transition in line with Nigeria's Nationally Determined Contributions (NDC) under the Paris agreement; the PIA was provided for weak institutions, which translates to weak implementation and enforcement of the law which further widening the gap between the law and reality. Conclusions: The study concluded that, although the Act delivered the much-needed stability in the petroleum industry in Nigeria, there is a need for an overhaul of the Act to further protect the interest of host communities and allow for co-ownership of petroleum resources by the state government.

Деякі питання адміністративно-юрисдикційної діяльності територіальних центрів комплектування та соціальної підтримки в Україні

The article analyzes the administrative and jurisdictional powers of territorial recruitment and social support centers regarding military accounting under martial law. The terminology and peculiarities of its use in the consideration of administrative offenses, the responsibility for which is provided for by Articles 210, 210-1, 211 of the Code of Ukraine on Administrative Offenses, are considered. In particular, it was noted that citizens’ compliance with the rules of military accounting involves a number of restrictions of a coercive nature and in most cases contains informational content, as well as the obligation to comply with the order of a military body or official authorized to do so. For a more thorough analysis of the administrative-jurisdictional activity of territorial recruitment and social training centers, attention is paid to the administrative-legal consolidation by the legislator of the terms that characterize the legal status of a person during military service in the Armed Forces of Ukraine and other military formations. The terms «draft», «call», «assembly point», which have a legal meaning in the qualification of administrative offenses for violating the rules of military accounting, are also analyzed. The urgency of considering the administrative jurisdiction of the territorial centers of recruitment and social support regarding compliance with the order and rules of military record keeping in Ukraine was emphasized. It is noted that the content of Articles 210, 210-1, 211 of the Code of Ukraine on Administrative Offenses does not provide for the implementation and specifics of violations of the rules of military accounting. It was concluded that the administrative-jurisdictional activity of the territorial recruitment and social support centers regarding the violation of military accounting rules is carried out in accordance with the current legislation of Ukraine and other normative legal acts regulating military service in the Armed Forces of Ukraine and other military formations. At the same time, the following remain controversial provisions on: 1) description of the unlawful behavior of the subjects set forth in Articles 210, 210-1, 211 of the Code of Ukraine on Administrative Offenses; 2) interpretation of the terms characterizing military service and having legal significance for the qualification of this type of offense.

An examination of the Petroleum Industry Act 2021: prospects, challenges, and the way forward

Background: The study examines the gaps in the provisions of the Petroleum Industry Act (PIA) that could hinder the effective application of the Act in attaining its objectives. The repealed Petroleum Act of 1969 became obsolete and largely incapable of meeting the emerging global best practices in the industry due to inadequate sanctions, failure to address the aspirations of the people of the oil-bearing states, among others. Hence, the need for the PIA of 2021 to overhaul the industry to meet global standards though some controversial provisions that pose challenges to its proper implementation. Methods: The study examines the PIA to identify its prospects, challenges, and the way forward. The methodology the study utilises is doctrinal research with reports from existing literature and tertiary data sources such as newspapers, the Internet, and websites. Pertinent data collected from these sources were theoretically analysed and argued with current literature on the subject. Results: The finding is that the PIA does not make adequate provisions for the energy transition in line with Nigeria’s Nationally Determined Contributions (NDC) under the Paris agreement; the PIA was provided for weak institutions, which translates to weak implementation and enforcement of the law which further widening the gap between the law and reality. Conclusions: The study concluded that, although the Act delivered the much-needed stability in the petroleum industry in Nigeria, there is a need for an overhaul of the Act to further protect the interest of host communities and allow for co-ownership of petroleum resources by the state government.

On Optimization of Protection of the Rights and Guarantee of the Legal Interests of the Victige in Criminal Proceedings

Being one of the key private parties in criminal proceedings, the victim does not have sufficient procedural independence: the exercise of his rights is conditioned by the will of other persons with authority, and his procedural status requires additional legislative regulation. The objectives of the study are to determine the features of the legal model that determines the procedural and legal status of the victim in the conditions of modern criminal proceedings. Conclusions are drawn about the need to concretize and ensure the proper implementation of the independent procedural interests of the victim. Proposals are formulated to improve the procedural status of the victim. The research was carried out on the basis of the analysis of fundamental and controversial provisions of criminal procedural law, legal regulators of criminal procedural legal relations, methods of dialectical cognition, general scientific and private scientific methods were used. The author substantiates the need for proper formalization of the procedural function of the victim and granting him rights that allow for its unhindered implementation.

STUDY OF THE ROLLING PROCESS WITH TECHNOLOGICAL LUBRICANT AT SINGLE-ZONE SLIPPING METAL IN THE ZONE OF DEFORMATION

One of the controversial provisions the rolling theory is the question of the possibility the stable process of cold rolling with lubrication at a complete lag of the strip’s metal in the deformation zone, i.e. in conditions of negative advancing.
 The equilibrium state in the zone of deformation with negative advance can be maintained due to the change in the thickness of the lubricating film. This is evidenced by experimental data from the study of the dependence of the advancing and the thickness of the lubricant layer on the grip angle during cold rolling with castor oil the copper samples in sizes 5x60 mm. Rolling was carried out on a duo 180 laboratory mill in steel rolls with a diameter of 190 mm. The rolling speed was 0.35 m/s.
 Then stress state modeling is used to theoretically substantiate the possibility of a stable process with single-zone sliding of metal in rolls during cold rolling with effective technological lubricants. According to Newton's law, the frictional forces acting in the zone of deformation depend on the sliding speed of the metal on the rolls and on the thickness of the lubricating film.
 Substituting the chooses model of specific friction forces into T. Karman's differential equation of equilibrium and solving it under known boundary conditions, expressions for the distribution of contact stresses were obtained.
 The results of calculations in the conditions of contact-hydrodynamic friction prove that the maximum of normal pressure shifts closer to the entrance to the deformation zone. In the case of rolling with a negative advancing, the longitudinal normal tensile stresses occur near the cross-section at the exit of the metal from the rolls. The average pressure in the deformation zone is always greater than the forced yield strength for the rolling strip.
 With an increase in the lag of the metal from the rolls at the exit from the zone of deformation, the average pressure decreases. Rolling with single-zone strip sliding is an energy-efficient process.

ПОРЯДОК ПРИПИНЕННЯ ПОРУШЕНЬ АВТОРСЬКОГО ПРАВА З ВИКОРИСТАННЯМ МЕРЕЖІ ІНТЕРНЕТ: НОВАЦІЇ ПРАВОВОГО РЕГУЛЮВАННЯ

ПОРЯДОК ПРИПИНЕННЯ ПОРУШЕНЬ АВТОРСЬКОГО ПРАВА З ВИКОРИСТАННЯМ МЕРЕЖІ ІНТЕРНЕТ: НОВАЦІЇ ПРАВОВОГО РЕГУЛЮВАННЯ

OBOWIĄZKI NABYWCY NIERUCHOMOŚCI ROLNEJ WYNIKAJĄCE Z USTAWY O KSZTAŁTOWANIU USTROJU ROLNEGO

The Act on the organization of agrarian system of 11 April 2003 introduced a special scheme for the purchase of agricultural land. The legislator’s initiative was designed to ensure that agricultural land would be extensively used for agriculture. The law has been amended several times since its entry into force. The most important changes were made in 2016, when the obligation of 10-year management and the prohibition on the sale and acquisition of agricultural property were introduced. Another amendment of 2019 shortened the above period to five years. The aim of this Act, containing some controversial provisions, is to lay down the basis of the agrarian system in Poland. In practice, it sets out a number of stringent requirements that the purchaser of agricultural property must comply with. As a result, trade in agricultural land is severely restricted.

Review of the Monograph: Serkov P. P. Legal Relationship (Theory and Practice of Modern Legal Policy). Moscow: Norma, 2023. 1544 p.

The presented review gives a general assessment of the monograph by the famous Russian scholar, a specialist with significant practical experience, Doctor of Legal Sciences, Professor Petr Pavlovich Serkov. The philosophical and legal orientation of the study is stated, the key provisions and conclusions of the author are evaluated, the prospects for further scientific and practical use of the results are noted. In the first part of the review, the specifics of the subject of research determined by P. P. Serkov are considered. It is noted that the latter is many times wider than the subject of legal relations in the usual sense for a modern lawyer. The title of the monograph is due to the fact that the author of the work gives this category a special place, recognizing it as the fundamental basis of the system of legal regulation. Attention is drawn to the breadth and diversity of the illustrative material, the originality of the methods used by the Author of setting research problems and formulating scientific questions, determining methods for solving them, choosing the form and style of presenting the results. Numerous references to the text of the monograph are given to substantiate the conclusions, and brief generalizations are formulated. The second section of the work is devoted to the style of presentation of scientific material, focuses on its influence on the perception of the text and its content. It is noted that this feature makes the text more vivid, figurative, but at the same time significantly complicates the work with it, makes it difficult to accurately understand the Author’s idea. The third section reflects the features of the structure of the work. The review draws attention to the non-standard approach of Petr P. Serkov to the naming and mutual arrangement of structural elements, to the intractability of certain scientific questions formulated by Petr P. Serkov. The method of argumentation used by the Author by means of references to the unprovenness of one or another thesis is especially noted. The controversial provisions of the monograph are noted. The reviewer does not share the Author’s skeptical attitude to the methodology of modern legal science, his opinion on the need to revise the role of the abstraction method in scientific legal research, on the place of legal relations in the structure of legal matter, and on a number of other scientific issues.

The National Pensions Act, 2008 (Act 766) and Challeges of Pension Fund Administration in Ghana

The recent reformation in Ghana’s pensions space introduced the three-tier pension scheme underpinned by the National Pensions Act, 2008 (Act766) under the regulatory authority of the NPRA. Seeking to redress inherent challenges, the transformational shift effected by the former yielded the incorporation of private sector through inclusion of approved corporate trustees, fund managers, fund custodians and other service providers. However, despite the new scheme’s attenuation of key lapses and challenges of the previous regime, there still exist predicaments that are reflective of the later. By employing secondary and other forms of empirical data, this research explores significant shortfalls observed in the management of various schemes (DB and DC) intertwined with sections of the Act 766 that require reconsideration. The upshot of this research reveals the retarded performance of the Defined Benefit Scheme as opposed to the stupendous attainments of the Defined Contributory Scheme. Findings pertaining to inadequate coverage of schemes, perceived bureaucracy, payment of benefits, monthly remittances, and defaulted employers as well as exclusions from the three-tier pension scheme, suggest that extra work must be embarked on to make pension delivery effective and efficient. The paper therefore proposes rudimentary review of certain controversial provisions under the Act 766 coupled with strict adherence to various guidelines pertaining to the regulatory and administrative functions of stakeholders.

Non-typical forms of employment in the context of sustainable development of the Russian economy

The author has chosen the problem of differentiation of civil law and labour contract and the peculiarities of their application in practice in conditions of atypical employment of a certain part of the population as the object of research. The problem considered by the author acquires a completely new understanding in the light of the development of market relations and the emergence of atypical forms of employment. The objective of the study is to identify controversial provisions in the distinction between civil law and labour contracts in the context of the development of atypical forms of employment in Russia. The article is based on such methods of scientific research as comparative-legal, system analysis, formal-legal, and statistical. Distinguishing between civil law and labour contracts, the author draws attention to the fact that the inclusion in the Labour Code of the Russian Federation of norms regulating the work of the self-employed, who have formalized relations with the client under a civil law contract, may violate the unity of labour law, which, although it establishes the specifics of regulating the work of certain categories of workers, but in general applies to absolutely all employees under employment contracts. It seems that the status of the self-employed needs a more thorough legislative elaboration, which will allow, firstly, to increase the level of social protection of this category of citizens, and, secondly, to create conditions for further reduction of the level of informal employment in Russia. The author states that the legal status of the self-employed is poorly developed, which currently gives rise to a huge number of questions in practise. Analysis of court practise clearly demonstrates the fact that Russian courts still do not have a unified approach to resolving disputes on the reclassification of civil-law relations into labour relations

Подготовка магистров в ракурсе требований профессионального стандарта

The problem points are reflected in the implementation of the master’s program in the direction of «Library and Information Activities» in connection with the adoption of the professional standard «Specialist in Library and Information Activities». An analysis of the requirements for education and training outlined in the professional standard, practical experience for positions in generalized labor functions assigned to the 7th level of qualification was carried out. The controversial provisions of the document requiring further discussion were considered. The master’s program implemented at the East Siberian State Institute of Culture (VSGIK) was described in the context of labor actions reflected in the professional standard. A qualitative description of students in the master’s degree is presented, the heterogeneity of the composition of groups and the associated problems of organizing the educational process are indicated. The content of library and bibliographic, research, psychological and pedagogical, management blocks, educational and production practices included in the curriculum is presented.

Judicial fine as a means of ensuring sustainable state development

The article states that sustainable development of the state requires a balanced policy, including criminalisation, decriminalisation of acts, penalisation, depenalisation as well as prosecution, non-criminalisation. That is why the authors targeted one of the types of exemption from criminal liability, the imposition of a court fine, which is relatively new and causes certain difficulties in its application in practise. The purpose of the study is to identify controversial provisions of the criminal law in relation to the regulation of court fines and, on the basis of this, to develop recommendations aimed at eliminating the identified deficiencies of the legislation. The work is based on such methods as system analysis, formal-legal, comparative-legal, statistical and concrete-sociological. Having examined in detail the conditions of exemption from criminal liability in connection with the imposition of a court fine, the authors draw attention to the fact that a number of points require specification, including the terms of payment of a court fine, the definition of its lower limit, etc. They also express their disagreement with the position of the Supreme Court which allows a broad interpretation of the law. Therefore, courts must find out the reasons for nonpayment of the court fines before cancelling the fine and bringing a person to criminal responsibility. On the whole, assessing positively the introduction of a rule allowing for exemption from criminal liability in connection with the imposition of a court fine, they conclude that only a deliberate use of this type of exemption from criminal liability will contribute to the sustainable development of the Russian state, which requires adjustment of the criminal law in terms of regulation of the court fine, as well as some positions of the Russian Supreme Court.

THE ARTEMIS ACCORDS AND PROPERTY RIGHTS IN OUTER SPACE

On 13 October 2020, The National Aeronautics and Space Administration (NASA) and the representatives of eight other space-faring nations signed The Artemis Accords. The Accords is a set of 13 provisions to establish international collaboration on sustainable human exploration in outer space. The most controversial provision in the Accords is the provision in Section 10 that relates to exploiting space resources which is not inherent with Article II of The Outer Space Treaty and Article 11 of The Moon Agreement that will cause the implementation of the Artemis Accords may violate international law. The different interpretations in interpreting the provisions in Article II of The Outer Space Treaty raises questions related to property rights in outer space, especially on issues that are related to the extraction of natural resources. Is it part of the subject of the non-appropriation principle or not.

SPC를 활용한 기업인수시의 상장차익 증여세 과세에 관한 연구

This article aims at the current legal issues on gift taxation of earnings from securities-listing. Gift taxation has been very dramatically changed in Korea. In 2005 Korea has introduced a fully comprehensive gift tax in korean Inheritance and Gift Tax Law(KIGTL). The legislative purpose was to prevent an anomalous shift of wealth without cost between citizens. But fully comprehensive taxation can violate the principle of substantial legislated
 taxation. And also it can incapacitate the principle of proportionality. Gift taxation of earnings from securities-listing in § 41-3 KIGTL is one of the controversial provisions in KIGTL. Many companies are more and more
 using in securities-listing the special purpose acquisition company(SPAC) in mergers and acquisitions. Acquisition of SPAC and the object company of the acquisition can switch the securities of related companies and forthcoming listing in 5 years can be exempted from gift taxation, because the securities of SPAC are substituted by that of acquiring company. The author thinks that this may cause a destruction of taxation justice between taxpayers in company taxation law. This article shows a new way of reasonable interpretation of § 41-3 KIGTL.

Turn on the Living Law: The Construction and Implications of Living Law in Ratification of Draft Criminal Code (RKUHP)

Legal provisions that live in society are one of the controversial provisions in the ratification of the Draft Criminal Code (RKUHP). That is because the law in the community is related to legal values written and unwritten in society. This study aims to analyze the legal aspects of culture in RKUHP. This research is normative legal research that puts forward legal issues on the implications of legal arrangements regarding living law in the RKUHP and focuses on using a conceptual and statutory approach. The results of the study confirm that the construction of living law in the community (living law) in the RKUHP, which emphasizes that the living law is customary law, is also formulated simultaneously with the regional role in establishing regional regulations based on the substance of local customary law. In addition, the construction of regional rules to accommodate Article 2 of the RKUHP to regulate the importance of customary law raises legal ambiguity, namely regional rules at the provincial or regency/city level that have the authority to regulate them; so that there is no disharmony of customary law arrangements in the formulation of regional regulations as a follow-up to Article 2 RKUHP. Furthermore, the legal implications related to living law arrangements in the RKUHP, namely the lack of clarity in Article 2 of the RKUHP, including the need for regulation at the regional level through regional regulations, have the potential to cause criminalization based on regional principles

Development of the Legal Regulation of Punishment in the Form of Fine According to the Criminal Code of Ukraine of 2001

This topic is relevant because in practice the application of such punishment as a fine is very common, and it has many problematic aspects of the purpose. The purpose of the article is the genesis of the criminal law regulation of punishment in the form of a fine in the current Criminal Code of Ukraine and the analysis of the changes that have taken place over the past 20 years. To achieve this goal, the author used dialectical, historical and comparative methods. These methods helped to investigate the processes of formation and development of the institution of the fine in the Criminal Code of Ukraine of 2001. In the article, the author analyzes the norms of the criminal legislation of Ukraine, which regulate the concept of a fine and the order of its calculation, the maximum and minimum size of the fine. The author emphasizes that the prevalence of the fine in legislation and judicial practice, the methods of its calculation, its size, the grounds and conditions of its application are not constant and are conditioned by socio-economic, political, criminological and legal factors of specific historical periods. This is especially relevant for Ukraine. Current criminal law establishes a fine as the mildest type of punishment among other types of punishment, but this is a controversial provision. The author emphasizes that the legislator hopes for a fine as an effective form of punishment for persons who have committed certain criminal offenses, primarily corruption and against property. At the same time, it was emphasized that regular changes in the rules on fines, especially regarding the size of this type of punishment, are not without significant drawbacks. In this work, they are outlined. Certain positions regarding their elimination have been expressed. Possible options for reforming regulatory provisions are proposed.

Constitutional and Political Intricacies Involved in Abrogation of Article 370

Original Article 370 of the Indian Constitution is temporary, transitional. Special Provision of the State of J&K, This provision grants J&K an autonomous status. In contrast, Article 35A is incorporated into the constitution in 1954, grants special rights and privileges to state citizens. Since its inception, Article 370 has been considered a controversial provision in the constitution. It has been politicized in one or another way. The abrogation of Article 370 cannot be viewed in isolation, as it has proximity with historical, political, and constitutional dimensions. The abrogation of Article 370 is a key issue so far as the autonomy of the people of J&K is a concern. The mode and manner in which Article 370 has been abrogated and the procedure adopted for making Article 370 virtually ineffective is of great concern from the constitutional law point of view. The alarming terrorism in Kashmiris is a persistent threat to the unity and integrity of the nation and Indian democracy. Undoubtedly human rights violation of Kashmiri people through militant has always been an issue of great concern for Indian patriotism. In furtherance to the unity and integrity of the nation and to resolve the issue of Jammu and Kashmir with intent to have uniform opportunities of development, all the states, including Jammu and Kashmir, the Article 370 has been abrogated. Even though this decision was a courageous attempt on the government’s part, it is not free from wide controversies. This paper examines the constitutional and political dimensions of the abrogation of Article 370 and its impact on the people of Jammu and Kashmir. The research paper examines the political, social, and legal intricacies, including the logical insight into how abrogation was politically judicious; however, the constitutionality is debatable. Paper squarely covers the historical, political, and constitutional dimensions of the abrogation of Article 370 and examines it from a constitutional point of view. The researchers have pertinently tried to analyze and evaluate the abrogation of Article 370 as a political necessity on the touchstone of constitutional principle and have correlated it with human rights.