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Home » Blog » Legal Perspectives: Scrapping Article 370 in J&K
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Legal Perspectives: Scrapping Article 370 in J&K

Divya Parashar
By Divya Parashar 3 Min Read Published January 28, 2024
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The revocation of Article 370 in Jammu and Kashmir represented a notable legal and constitutional transformation in India. This provision, providing distinct autonomy to the area, had been a source of controversy for many years.

. The decision to scrap Article 370 was met with both support and criticism, triggering debates on constitutional legality and the socio-political implications of this historic move. This short note aims to provide a concise overview of the legal perspectives surrounding the scrapping of Article 370 in J&K.

The introduction sets the stage by briefly explaining the historical context of Article 370 and its special provisions for Jammu and Kashmir. It introduces the controversial nature of this article and the decision to revoke it, highlighting the legal complexities involved.

Explore the constitutional foundation of Article 370 and the legal framework that allowed for its incorporation. Discuss the nuances of temporary special provisions and the debates that surrounded its permanency. Highlight relevant legal debates that influenced the eventual decision to scrap Detail the legislative procedures followed in revoking Article 370. This section discusses the constitutional mechanisms employed to bring about this change, emphasizing the parliamentary debates, discussions, and approvals necessary for such a transformative decision.

Examine the legal challenges and criticisms that emerged post the abrogation. Discuss petitions filed in courts, both in favor and against the move, addressing issues related to constitutional validity and procedural aspects. Analyze landmark legal judgments, if any, related to Article 370’s revocation.

Touch upon any international legal dimensions or reactions to the abrogation. Discuss how the international community viewed this move and the legal arguments put forth by different stakeholders on the global stage.

Delve into the socio-political consequences of scrapping Article 370. Analyze how the legal decision impacted the ground realities in Jammu and Kashmir, including changes in governance, local sentiments, and political dynamics.

Discuss the potential legal changes that ensued post the abrogation and how it has shaped the legal landscape in Jammu and Kashmir. Address any subsequent legislative measures or constitutional amendments that followed this pivotal decision.

Outline the fundamental legal viewpoints on the abrogation of Article 370, emphasizing constitutional and legislative aspects. Offer comprehensive insights into the ongoing discussions and potential forthcoming legal changes in Jammu and Kashmir. Employ thorough research, referencing reliable sources, to present an impartial overview of the legal standpoints concerning the removal of Article 370.

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Divya Parashar January 28, 2024
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