Article 370, the Debate

25 Pages Posted: 19 Jun 2020

See all articles by Satyaki Deb

Satyaki Deb

Department of Law, Calcutta University

Date Written: June 30, 2019

Abstract

This article was originally written and finished by the month of June, 2019 before the J&K Reorganisation Act, 2019 was passed by the Union of India in August 2019. Now, that the said Act has been passed, the status quo changes but I believe this Article still provides a historic and legal insight into why the abolition of Article 370 and Article 35A through the said Act was a necessity. Kashmir, classically labelled as the Paradise on Earth is at present sandwiched between the geopolitical ambitions of two Nuclear States : The Union of India and The Islamic Republic of Pakistan. This dissertation aims to sketch the Status Quo on the much debated Article 370, the primordial link connecting The Union of India and the State of Jammu & Kashmir in the perspective of history, politics, religions and last but not the least, the Lex Loci while also turning a scrutinising eye to Article 35A, the Article granting the Jammu and Kashmir Legislature a carte blanche in formulating who can be permanent residents of the State and confer on them special rights and privileges. The long standing debate on the deletion or retention of Article 370 is an issue which involves not only historical, political, constitutional, social and economic considerations of far-reaching consequences, but also emotional and psychological ones. The present study, which is focused on the primary analysis of this yet unsettled debate, also traces upon those aspects of the evolutionary background of this Article which have consequential role in this debate at present. This dissertation contemplates upon the arguments in favour of deletion and retention of this Article and their weightage under the present circumstances. Furthermore, this dissertation allows us to see how far this Article protects the interests of the common people and serves the vested interests of the rich and those in power under the perfidy of the special status granted by this Article.

Keywords: Kashmir, Kashmir Conflict, India, Pakistan, India-Pakistan tensions, Article 370, Article 35A, Jinnah, Nehru, Hari Singh

JEL Classification: Y4

Suggested Citation

Deb, Satyaki, Article 370, the Debate (June 30, 2019). Available at SSRN: https://ssrn.com/abstract=3610981 or http://dx.doi.org/10.2139/ssrn.3610981

Satyaki Deb (Contact Author)

Department of Law, Calcutta University ( email )

Kolkata, West Bengal
India

HOME PAGE: http://https://www.linkedin.com/in/satyaki-deb-49448b19a

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