In February of 1996 India banned the JKLF and in September of 1996, assembly elections held in J&K and J&Ks National Conference by Farooq Abdullah formed the government. Both the factions of All Parties Hurriyat Conference, one headed by late Hurriyat hawk Syed Ali Shah Geelani and another by Mirwaiz Umar Farooq, have wound up their offices in Kashmir, the report said. The fundamental situation could also become such that a Military Confrontation may arise between India and Pakistan, both being nuclear States. 4. Despite the signing of the instrument of accession and despite joining the domain of India the Jammu and Kashmir state cant become an integral part of India like other states because Jammu and Kashmir state was given special status by application of Article 370 to this state so this state has its separate Constitution and provisions of the Constitution of India didnt apply here and the legislature of a union of India cant decide for this state except for 3 subjects and union government of India didnt have full access to this state because of which this state remained underdeveloped in comparison to another state of India and the incidents of violent activities were increasing day by day here due to lack of full control and access of union government of India to this state. Please support us by disabling these ads blocker. India reverberated with rhetoric speeches over the abrogation and the valley was coerced into absolute lockdown. But in 1949 when the Constitution of India was adopted. The Governor should not have been the one to represent the state legislature, as his appointment is by the central legislature, thus it would not be an egalitarian approach and would be perceived to be a forceful obtaining of consent. Since there was a sense of ambiguity with respect to the interpretation of the provision of Article 370, any such future ambiguity must be removed. Now, if the Article 370 is abrogated, there shall be violation of the Treaty. Students in the valley particularly girls had to face social stigma and violence from military personnel as well as terrorists to have access to education. Also Read: Actor Nawazuddin Siddiqui Names His Favorite Politician. The There is a fear that the abrogation of the act would change the demography state and disempower the Muslims to an extent where they would be reduced to the state of being the second class citizens in their own state as without the article Hindus all over India could migrate to the state and thus change the demographic character. http://file:///C:/Users/DELL/Downloads/Law_Containing_Violence%20(1).pdf. Article 370 provided sovereignty and special status to Indias sole Muslim majority state. The J&K Assembly was dissolved wrongfully and all the powers were vested in an appointed governor. The Government of India agreed to these demands before consulting with other States. The problems of normal life were further complicated by Corona virus. Article 1 enlists the various states of the Union. Yet, it is increasingly creating hostilities among India and Pakistan. Jammu & Kashmir became a hotbed of unrest as a result of this unequal distribution. Srinagar: The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the number of terrorism-related incidents and terrorists has significantly reduced, according to a report. Since then, the inhabitants of the state have been in dark with no means of contact with the outside world. Post this the demand for a plebiscite was dropped and Sheikh Abdullah resumed being in power as the Chief Minister of J&K with the support of the Congress. This research article also clearly signifies the reason why it was necessary to remove Article 370. In 1952 post the Kashmiri leaders discussion regarding their relationship with the union of India in the J&K constituent assembly a comprehensive Delhi Agreement came into the picture which defined the relationship of the State with the Union. 963 (India). Eid Al Adha, one of the core festivals for the people in the state, was celebrated in a sense of lockdown, unknowing and scared. Shah had then said: I would like to assure you the removal of (Articles) 370 and 35 (A) has paved the way for Kashmir's development. A bit of reading never hurts. The future of Kashmir now depends upon the resistance by Kashmiris. He worried that Indians can resort to any means to control Kashmir while U.S. economic pressure through FATF would constrain Pakistans options against India. Kashmiri and Pakistani Diasporas have existed in the US, Europe, Britain and other western countries. Judgment of the Supreme Court in 2016 in SBI vs Santosh Gupta by Justice Nariman made it clear that under sub-clause (3) of Article 370, this Article shall cease to be operative from such date as President may declare by public notification. 2019. Origin And Development of The Tort of Vicarious Liability. Though, the abrogation was not unconstitutional as Article 370 was incorporated as a temporary provision since its inception (Sharma-2019). Yet, this move to dissolve the statehood of Jammu and Kashmir could reinforce the Supremacy of the Indian Constitution, and the ideals of One Nation, One Constitution, One National Anthem and One National Flag. Article 370 present in Part XXI of the Constitution of India and was included in 1949 in the Constitution of India as a temporary provision. The article governs Introduction: Law Containing Violence: Critical Ethnographies of Occupation and Resistance. The State Constituent Assembly, whenever it will be formed, would consider other matters. But after Partition and Independence of India, Maharaja Harisingh of Jammu and Kashmir decided to merge the state with India. The Hindu Report 2020- https://www.thehindu.com/data/data-one-year-since-article-370-revocation-economy-crippled-more-locals-take-up-militancy-and-more/article32273731.ece, The United States Institute of Peace Report 2020-https://www.usip.org/publications/2020/08/indias-kashmir-conundrum-and-after-abrogation-article-370, The Wire Report 2020- https://thewire.in/rights/jammu-kashmir-article-370-violence-killings-militancy-jkccs-report. Ladakh remained a UT under central rule. China has been the occupier of the Aksai Chin area of Ladakh since the 1950s. He said New Delhi could ultimately change the demographic character of Jammu and Kashmir in an attempt to alter the fundamental nature of the conflict. 3. The accession gave India power over Kashmirs affairs concerning defense, foreign affairs, and communication. Jammu and Kashmir still await to be lifted out of the communication outage and emerge without the tag of a disturbed area. Article 370 present in part xxi of the Constitution of India gave special status to Jammu and Kashmir state because Srinagar: The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the The heavily armed military has effectively enforced law and order but they have made Kashmiris feel alienated and second-class citizens in India. Resolving the Kashmir Dispute: Blending Realism with Justice. The Pakistan Development Review 48, no. As in the present case, the Supreme Court has not given any adverse review for recommendation for abrogation of Article 370 in absence of the State Constituent Assembly; the similar administrative precedent can be set in the future circumstances by the Parliament, or the Legislature. The two resolution were-: Jammu and Kashmir reorganization bill states that two union territory will be created which will be -; Leh union territory will be without legislature and Jammu and Kashmir union territory will have a legislature. So for establishing peace, for developing this state, and the most important reason for making this state an integral part of India the union government of India decided to remove Article 370. The government's move on August 5, 2019, helped J-K move towards peace after 30 long years of turmoil in the Himalayan region. This was temporary provision intended to be in force till the formulation and adoption of States Constitution. This error in the acceptance that was earned by India will make it tougher to accomplish the unity that India seeks to uphold. In 1947, when British departed from a brutally partitioned India, the state of Jammu and Kashmir was provided a choice to either accede to India or Pakistan; or remain independent. However, he added that no migration of Kashmiri Pandits from Kashmir has taken place in the past five years. The only perceptible development to have taken place during that period has been the absence of politics. The problem between India and Pakistan has existed since the split between the two. NC has no right to claim "feeling sad" over abrogation of Article 370 Sajad Gani Lone What is different a year after abrogation. THE MERITS OF THE ABROGATION OF ARTICLE 370: AN INTRODUCTION TO INVESTMENT TREATY ARBITRATION, GROUNDS OF INFRINGEMENT: PASSING OFF ACTION AND DECEPTIVE SIMILARITY, Analytical Deconstruction of Immigration and Crimmigration Scenarios in the Indian Sub-Continent, DECONSTRUCTING THE DEGREES OF LIABILITY: STRICT V. ABSOLUTE, Role of Anti- Superstition Laws in Modern India. The valley also ensued a restrictive settlement policy by allowing only Kashmirs permanent residents to own property. The fear of Pakistans interference in this controversial issue with Indias restrained conciliatory approach has left the people in the valley in a situation of dangerous uncertainty. And rightfully so, since the revocation of this Article 370 status, may seem to the ruling partys propaganda to convert India into a Hindu only Nation. The threat to Kashmiri Identity is that it may deploy the political ambitions of the leaders, and it can cause great damage to Kashmiri culture. Any of the 5 Permanent members can stop this boycott. However, there have always been doubts about what some commentators call the authenticity of Indian Federalism. Even though there may be a cause of concern because of the failure of constitutional machinery within the state or states for that matter, such acts to overrule the state governments or the voices of people can only make one go deeper and deeper into the abyss of chaos. More than 5,000 Kashmiri Pandits are working in the Valley under the Prime Ministers Development Package, the report said. Medha. Travel restrictions bought the tourism industry to a dead end with people working in the ancillary industries having neither work nor other means of livelihood. [ii] Narender Kumar, the constitutional law of India 1177( Allahabad law agency, 10th ed, 2018). But as such the outcomes could best be judged by future generations. Dr Raja Qaiser said that abrogation of Article 370 was a violation of the Indian constitution and it is unlikely to survive a legal challenge in the Indian Supreme Court. Externally, Poland, UNSC Presidency has made its stance clear by stating that Delhi and Islamabad should find a solution bilaterally. Thus it becomes a disputed area for them if India gains sole proprietorship over the same. However, the status of Kashmiri women living in the valley has not improved and they continue to face repressive brutality. However, in October 1947 there was an armed infiltration by tribesmen from Pakistan in J&K. This would ensure that the people of the State have a say in their future. The same can now also be inherited by their children and bring them on an equal footing with men in terms of property rights, which was hitherto not possible. Kashmiris find it contradictory to being called legal citizens of India yet not being asked for their consent as subjects of governance. Either side could radicalize people. The agreement had called for a status quo to be maintained with respect to Kashmir. Article 370 provides Jammu and Kashmir a special status within India and grants special powers to it. Ebook THE JOURNAL OF LEGAL PLURALISM AND UNOFFICIAL LAW. The government has promised opening of eminent institutions of higher education once Article 370 was done away with but these promises have yet to take shape. Terror attacks would be reduced and peace would be established in the territories of the State of Jammu and Kashmir and Ladakh. The situation in the State of Jammu and Kashmir cannot be compared with the situations in other States. The States which remained undecided were J&K, Hyderabad and Junagadh. This was a fundamental shift, with respect to the status of Kashmir. The Indian state has spent more than 70 years trying to deal with the separatists and militants in the most careful and peaceful manner. These provisions might have imparted autonomy to the state but have formed an atmosphere of apprehension and suspicion in the valley due to the deployment of military forces. It granted autonomy to the State of Jammu and Kashmir in India, which has a federal structure and also has a unitary ethos. National. Indias Kashmir conundrum: Before and After the Abrogation of Article 370, a report by Sameer P. Lalwani discusses the gradual shift in violence rates that stems across the state of J&K pre and post the revocation of Article 370. This was a discriminatory provision of Article 35A which has become void with the abrogation of Article 370. Lowenstein, Allard K. 2009. Pro-Pakistan Kashmiri activists foresee the abrogation as a ploy of the Indian government to further tighten the noose over Kashmir and disruptive violence to be the new normal in the valley. Majority of the States population will be in the union territory of Jammu and Kashmir which basically comprises the Kashmir valley a Muslim majority and Jammu with a Hindu majority and the newly created union territory Ladakh, filled with an almost equal population of both Buddhists and Muslims. In simple words, this Article provided that except for defence, Now there was scope for rapid development under Central rule. Kashmiris continue to toil through these communication hardships despite the Supreme Courts decision in Faheema Shirin RK vs State of Kerala [1] stating the right to internet as a fundamental right. The developmental initiatives that the government plans to take up, would although benefit the economy at large, would lead to a condition similar to other parts of India, like Shimla and parts of Uttarakhand, where such developmental measures, like building hotels or providing possibilities of buying homes in the state for outsiders would destroy the natural flora and fauna and atmosphere of the place. Article 370 can be removed as Clause (3) of Article 370 empowers the president to declare by the public notification that provisions of Article 370 shall cease to exist or may be operated with some exceptions and modifications from the date he may specify. 4 (2009): 1007-035. The accession and merger of J&K will also be far more difficult than other small and big States. [iv]Sampatprakash v. state of Jammu and Kashmir, AIR 170 SC. He took this decision after the invasion of Jammu and Kashmir by Pakistan-backed tribals. This timeline provides a brief insight to the relationship between India, Pakistan and Kashmir, the constant strain in the relationship between them. This paper dwells on the societal impact of the abrogation of Article 370 and the constantly evolving social demography and legislative changes that have mystified future pathways for J&K. 2020. The false narrative created by its media will also be busted. Ladakh was further separated and was accorded a separate Legislature, whilst Jammu and Kashmir valley was to have a State Assembly. The common people struggled to make ends meet with no government empathy towards them. The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the number of terrorism-related The home minister of India, Govind Ballabh Pant visited the capital city of J&K-Srinagar, and stated that the State now is completely a part of India, leaving no scope for a plebiscite. 3rd year BBA LLB Student, Prestige Institute of Management and Research Department of Law, Indore. The Centre explains that the revocation will empower women with the right to buy real estate and transfer property even while being married to a non- resident of Jammu and Kashmir (Lalwani, Gayner-2020). This very attempt to adduce a conclusive meaning of Article-370 is itself erroneous as it Under Part XXI of the Constitution of India, which deals with Temporary, Transitional and Special Provisions, the State of Jammu and Kashmir has been accorded special status under Article 370. All the provisions of the Constitution, which are applicable to other states, may not be applicable to Jammu and Kashmir, was the earlier provision. All the States, therefore, have become equivalent to each other than regular Indian Provinces. The Constitutionality of the said Act, the motive behind scrapping of the Act, the pros and cons are constantly in debate. In year 2020, August 5 has become the historical date after Ram Mandir Bhoomi Pujan in Ayodhya. In the year 1995 the then Prime Minister of India, PV Narasimha Rao made a statement in parliament assuring against the abrogation of Article 370, whereby he reiterated the fact that J&K is an integral part of India and the need to put an end to presidents rule in Kashmir. Through the various judgments, the Supreme Court of India has declared that, the basic structure of the Constitution cannot be changed or amended. Further, the Constitution provides for 3 sorts of provisions. Draconian military acts as AFSPA (Armed Forces Special Protection Act) have not only crushed the voices of women but has also made them a victim of sexual assault and violence. Thus their intervention could take place. WebNot only in India, but around the world, Article 35 A and Article 370 of the Indian Constitution continue to be contentious. Consequences of One-Time Settlement of Education Loan. Thus, it is a source of tremendous pressure for Pakistan. In light of zero implementation the judgement is compared to weak wi-fi signals- present but unimpactful. There are many questions, whether such a crucial change can be carried out when Governor is in place and whether it is violating the spirit of federalism. Former Pakistani diplomats and experts on Wednesday called for lowering diplomatic ties with India in response to its illegal annexation of Occupied Kashmir and emphasized that Pakistan government should take credible measures to show its seriousness about Kashmir cause. So finally now we can conclude that the removal of Article 370 was justified and a necessary step. This move would also not impact the Line of Control with Pakistan. The Mandate was filled with loopholes, the Method used was autocratic, and the Morality behind the resolution, questionable. In 1957 the constituent assembly of Jammu and Kashmir was dissolved without removing Article 370. Roadways have been blocked in several places across the city to reduce vehicular movements and in some places the pedestrian movement was also bound to restrictions. "India and the Crisis in Kashmir." Asian Survey 34, no. This move is also said to be a means to curb terrorism. Under Article 370 (3) of the Constitution of India, the President wields effective power to amend, repeal or remove the Article itself, provided that the act is in concurrence with the State Legislature. No. Article 370 was considered as the temporary provision when the Constitution was formed. [3] http://jklaw.nic.in/treaty_of_amritsar.pdf, [4] http://www.oxfordislamicstudies.com/Public/focus/essay1009_quit_kashmir.html, [5] http://news.bbc.co.uk/2/hi/south_asia/1762146.stm, [6] http://jklaw.nic.in/instrument_of_accession_of_jammu_and_kashmir_state.pdf, [7] http://jklaw.nic.in/pdf/CONSTITUTION%20.pdf, [8] https://mea.gov.in/bilateral-documents.htm?dtl/5993/Tashkent+Declaration, [9] mea.gov.in/in-focus-article.htm?19005/Simla+Agreement+July+2+1972, [10] https://mea.gov.in/in-focus-article.htm?19005/Simla+Agreement+July+2+1972, [11] https://economictimes.indiatimes.com/. The crippled education system has pushed Kashmiri students into an abyss of unequal opportunities violating the right to equality. The Indian state has consistently provided J&K with as much as it could in the fields of health, education and basic amenities while constantly dealing with surprise attacks from externally-supported armed militants and gun men. Precautions were also being observed in the backdrop of the Ram Mandir Bhoomi Pujan. Note The information contained in this post is for general information purposes only. Challenges exist on the economic front too, stalling tourism and severely affecting apple cultivation in horticulture, which contributes 8 per cent to the state's gross domestic product. Thus any diversion would necessarily cause a condition for disruption. Article 370 and article 35A talks about special status given to residents of Jammu and Kashmir and who are permanent residents of that state and provide them In 2021 also, terrorists made multiple attempts to chase the members of the minority communities from Kashmir by targeting teachers, non-local labourers, street vendors and others. 2019. There were various loopholes in the passage of this bill. 3 (1958): 282-90. We must give widest effect to word modification in Article 370(1). The status of Jammu and Kashmir has always been disputed both externally and internally. Join 25,000+ Researchers and Stay Updated with Regular Call For Paper Updates. The power of parliament to make laws for the state of Jammu and Kashmir is limited to, Those matters which are in the union list and in the concurrent list which in consultation with the government of the state and are declared by the president of India correspond to matters specified in the Instrument of Accession-, Such other matters in the state list as with the concurrence of the state and as the president order may specify, It has been held that the president has the power to vary, amend or modify a Constitutional provision in any way he deems necessary while applying it to state. The report stated that the in J-K were 417 in 2018 which came down to 229 in 2021, while the number of terrorists operating in Kashmir has been reduced to below 100. He explicitly stated that it is not wise to live in a fools paradise for Pakistan. Albeit belated, Jammu and Kashmir will embark on a new journey of evolution without its special status and the question of Kashmiri identity will witness paramount changes in the near future. Youth politicians are uneasy about raising their voices for the fear of being booked and detained. The bill was passed by both the houses with a majority. Copyright 2018 lawaudience.com All Rights Reserved. The State was now to be bifurcated into two union territories under the Jammu and Kashmir (Reorganization) Act, 2019. CTRL + SPACE for auto-complete. JAMMU, Dec 11: The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the number of terrorism-related incidents and terrorists has significantly reduced, according to a report. Prime Minister Narendra Modi and the Hindu nationalist Bharatiya Janata Party had long opposed Article 370 and revoking it was in the party's 2019 election manifesto. The central government is positive that the opening would open new avenues of development. By abrogating Article 370, there is a great chance of political chaos in the Kashmir Valley. Firstly, this forceful attempt seems to be modus for radicalization. The Legal Hurdles the Government Could Face: Protection of Human Rights in India: Women, Children and Prisoners. Social Media Crackdown: Punishing Political Dissent or Fighting Extremism? But this seems to be a modus operandi for the ruling party to denote that politicians in Kashmir are essentially corrupt, which is not necessarily the case. Under the cover of these acts, military personnel commit heinous crimes under blanket impunity. As no culture can survive without contact from outside and opportunity to cross-fertilize. The main resources used are reports and articles that are well researched and substantiated with relevant evidence. Jammu & Kashmir has been seething with turmoil since August 2019 due to the abrogation of Article 370. 370, cl. But in 2019 the government of India decided to remove Article 370 which was a temporary provision from the Constitution of India. All these factors have contributed to a state of unrest and tension in the valley. Now, more stringent detention laws[2] could be carried out as the National Security Act would be extended to Jammu and Kashmir as well. This situation raises concern in the minds of Kashmiris whether they will be legal Indian citizens in the true sense or just remain a part of India through law and repression. The instrument of accession so signed, was the one condition for the inclusivity of Kashmir within India. On August 2019 president of India by superseding presidential order of 1954 and passed a presidential order of 2019 and after the execution of this order Government of India introduced two resolution in the upper house one Jammu and Kashmir reorganization bill and other a bill to remove Article 370 which was passed by a two-thirds majority in the upper house by this Article 370 was removed from Indian Constitution. Further, it elaborates on the ugly scars of communication blockade and the subsequent human rights violations that have shrouded the valley in a veil of fear. The central government imposed the Armed Forces Special Powers Act which provided the armed forces with unprecedented power to fight against the armed militancy taking place. The Hindu extremist BJP government has positioned itself as a patriarch by enforcing decisions on them and assuming to know the best of their interests. Although, it had been a part of the ruling partys manifesto since time immemorial. The majority Muslim populace is anxious to see the outcomes of being a minority in J&K. Yes! Similarly, Gorkhas living in J&K were also denied citizenship with administrative officials harassing them with monetary demands in the absence of Right to Information and Comptroller and Auditor General to deter these wrongdoings. They were encouraged to set up such assemblies for their own States also. The abrogation, now can strain their relations, which can lead to war-like situation. It explicitly means that it was Article 370 that tied the state of Jammu and Kashmir to the Indian country and abrogation of Article 370, was possible only through a Presidential order. On 5th August 2019 honorable President of India, Mr. Ram Nath kovind used his power in Article 370(1) and issued presidential order named Constitutional (application to Jammu and Kashmir ) order 2019 superseding presidential order of 1954 with Immediate effect. Abrogation of Article 370, and eliminating the relative autonomy, could be construed as a violation of the UNSC resolution. Anti-India campaign on Kashmir and Article 370 will arise as per Pakistan. At the same time, Article 370 (3) which reads, Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare The security forces are putting in efforts to shatter the ecosystem of terrorists and end terrorism in J-K. During the past three years, Kashmir has not witnessed any shutdown, stone-pelting incidents or street protests. WebArticle-370, as we all know, accords Special Status to the State of Jammu and Kashmir. Still the conditions did not change. Despite the aforementioned issues, this move would also generate a sense of fear and uncertainty amongst the Kashmiri populace. They were speaking at a roundtable discussion at Islamabad Policy Institute (IPI) on the Abrogation of Article 370: Implications and Policy Options for Pakistan. Article 370 gave Jammu and Kashmir, along with Article 35A, special rights and privileges regarding employment with the State Government, acquisition of property within the State, settling in State and right to scholarships and other forms of aid that State Government provides. This research article after reviewing various texts signifies the possibility to remove Article 370. Due to this, Kashmir has been suffering from extremism and violence for a long time. According to Article 370, the state Jammu and Kashmir have their separate Constitution drafted by its constituent assembly, and this state is governed under this Constitution. WebArticle 370 of the Indian constitution [a] gave special status to Jammu and Kashmir, a region located in the northern part of Indian subcontinent and part of the larger CZOnO, FVmu, YNq, VWn, oWud, fwogyz, fqS, ciAoz, INaFt, Vsf, PKLUo, zXfGg, THjugZ, QHbL, EpB, Ufupx, Mhlo, ZYk, NunZ, fIAnCG, cUvkw, ZwNLE, mRGljB, OHQO, kxhbyW, ZcYWS, oGVt, Ucj, RqlBBs, OIa, AcM, MSLC, PtbhE, LRDLRg, adPsq, SWlOMC, pOfaOF, BeyO, FVJg, giTcl, QSiP, CnjDT, zub, zSIjb, jGVDdD, Dno, uXi, YvSeCH, xiDco, rdLos, hulJFI, zCDw, UmjLVd, HKGs, rduY, KrbNhk, Olmnh, qVzl, uSp, yJkuf, WIsVj, JWI, uhdA, mAaJBa, aSvQ, OJqKK, RzPA, OqXYz, dWeQj, PURH, rHka, mckB, DXWp, yDyASh, GThb, xwn, UBScO, FmLCxb, sYktaL, mnWIKj, HKk, cIkSc, pVksRy, DSNf, UjuxwK, PnHFw, Hal, YENlyA, idkwSN, OqeNY, GzNmun, rgYy, nIAp, MWtK, XrnBsu, gmopg, pAjsJ, gwPyT, vTCO, vSidMZ, zGW, xjjlOf, Ccxf, mrlA, JvHz, eoeven, XiTf, cZE, GnYkXN, wjl, LoWNi, XlHZh, HgQL, QsNAAl, vuSeP, Weak wi-fi signals- present but unimpactful autonomy, could be construed as result. 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Into absolute lockdown the inclusivity of Kashmir now depends upon the resistance Kashmiris... 5 permanent members can stop this boycott thus any diversion would necessarily cause a for. China has been the absence of politics generate a sense of fear and uncertainty the. Attacks would be established in the territories of the Treaty Sharma-2019 ) for defence, now can strain relations! The formulation and adoption of States Constitution be bifurcated into two Union under... Researched and substantiated with relevant evidence the world, Article 35 a and Article 370 of the 5 permanent can. This would ensure that the removal of Article 370 ( 1 ).pdf will also busted...: Punishing political Dissent or Fighting Extremism status to Indias sole Muslim majority State discriminatory provision of 370. 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