NAVIGATING THE ABROGATION OF ARTICLE 370: AN ANALYSIS OF THE CONSEQUENCE OF THE REPEALING BY THE GOVERNMENT OF INDIA

AUTHOR – MR. ISHAN DHALIWAL & MS. SHARON ANEJA

STUDENTS AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), LAVASA CAMPUS, PUNE

BEST CITATION – MR. ISHAN DHALIWAL & MS. SHARON ANEJA, A STUDY ON THE EDUCATIONAL POLICIES AND RESERVATION IN INDIA WITH RESPECT TO SCHEDULE 11 OF THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1063-1067, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

In this research paper, we have discussed the consequences of the abrogation of Article 370 of the Constitution of India, which happened on August 5, 2019, on the Union of India and the State of Jammu and Kashmir. Article 370 was the constitutional link that connected Kashmir’s distinct identity and autonomy to the Indian Union. The unilateral abrogation of this article saw a range of happenings unfold, including the dissolution of Jammu and Kashmir’s Legislative Assembly, the shutting down of communication networks, the intensification of military and paramilitary presence leading to large-scale protests and disturbances and international condemnation. This study will take into account the context, meaning, and histories of Article 370 and eventually the transformation of Kashmir from one of nasty conflict to what has become ultimately an overwhelmingly unsustainable occupation to frame the ideological distance between militant Hindu nationalists on the Indian side and supporters of Kashmiri autonomy. The abrogation was supposed to lead to violence and create mass insurgency within Kashmir, yet the area has not transformed into mass insurgency or even the trajectory of increasing violence portrayed by military forces involved in what has now become a representative of the Indian state. There remains a general belief and impression that the governance of Kashmir is entangled in difficulties and political constraints, and that it remains erected in a terrain of potential thinkable mass resistance as well as in terrains of many contestable and potentially conflicting political strategies of domination and control. This paper highlighted still current sociopolitical dilemmas in Kashmir, and it reflected on the implications these may have for the stabilizing of regional space and the wellbeing of its people based on its findings and conclusions. However, it is unclear when and how the factual parameters of the local parameters will, given the lack of a local and regional discursive and representation-oriented conception, result in changes to the governance of Kashmir’s political landscape.

Keywords: Abrogation, Autonomy Constitution,Democracy,Government, Nationalists, Politics