• Dr. Shahnaz

The disputed State of Jammu and Kashmir was accorded a special status under Article 370 of the Indian Constitution when it acceded to the Dominion of India in 1947. The nature and operation of Article 370 has in the past generated a lot of debate and controversy between the protagonists and antagonists of this special position. The special position, which was constantly eroded over the decades, was finally neutralised on August 5, 2019 by the President of India. This was followed by the Constitution Order 273 and the Jammu and Kashmir Reorganisation Act, 2019 that terminated the existence of the State and bifurcated it into two Union Territories: Union Territory of Jammu and Kashmir and Union Territory of Ladakh. The present paper aims at studying the nature and operation of Article 370 in the backdrop of the circumstances in which it found its place in the Constitution of India. It argues that Article 370 as originally enacted was permanent and formed a part of the basic structure of the Constitution. As such its unilateral amendment without the concurrence of the State Constituent Assembly is constitutionally suspect and ultra vires the Constitution. This paper also analyses the impact of the impugned Constitution Order on the reorganisation of the erstwhile state of Jammu and Kashmir and affirming that such practices have eroded the federal character of the Indian Constitution in the process.

Abrogation, Article 370, Constitutional Orders, Instrument of Accession, Special Status

"From Special Status to Lieutenant Governor: A Genealogy of Article 370 ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.8, Issue 10, page no.c313-c331, October-2021, Available :http://www.jetir.org/papers/JETIR2110240.pdf

"From Special Status to Lieutenant Governor: A Genealogy of Article 370 ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.8, Issue 10, page no. ppc313-c331, October-2021, Available at : http://www.jetir.org/papers/JETIR2110240.pdf