2023, Vol. 5, Issue 1, Part D

In 1949, Article 370 was inserted into the Indian Constitution. J&K is covered under Article 370 of the Indian Constitution, which has been in effect for more than 60 years. On January 26, 1950, the constitution went into effect, bringing with it special provisions. This paper discusses the effects of the current Bharatiya Janata Party government's deletion of Article 370 regarding J&K. (Aug5, 2019) Yet, some Muslims in Kashmir believe that this action has had a more detrimental effect on their lives. It has created psychological and emotional barriers between Kashmir's residents and the rest of India. As stated in the Constitution Order 2019, repealing Article 370 will also enable the centre to declare an emergency in the state, with the exception of times of war. By making the provisions of Article 370 of the Indian Constitution inoperative, the Hindu nationalist BJP revoked the disputed territory of Jammu and Kashmir's semi-autonomous status on August 5, 2019. Article 35A, which gave the state government the authority to identify the state subjects and prohibited non-state subjects from acquiring real estate in the state, was likewise repealed through a presidential proclamation. BJP has, to its credit, fulfilled both a historic promise to its electorate and an ideological commitment, despite the fact that many in India have criticised this choice as being undemocratic and against the constitution. Yet, what does this decision represent for the Kashmiri tehreek, or movement for self-determination?

1.Understanding the fundamental idea behind Article 370 in India is one of the goals.

2.Examine the national law-implementation procedure.

3.To emphasise the Bharatiya Janata Party's contribution and political advantages.

4.To evaluate the advantages and disadvantages of repealing Article 370.

5.To draw attention to how the Kashmiri people would be affected by this choice.

Research Methodology: The information used to construct this research was primarily based on textual sources, including books by renowned scholars, essays, and papers published in a variety of national and international journals. Hence, this research was written using secondary data.

Historic Background: Following the partition of India, British rule ceases. Following a Pakistani army onslaught at that time, Hari Singh signed the J&K accession document, starting the India-Pakistan conflict. Hari Singh was persuaded by Mountbatten to choose between Pakistan or India. But Hari Singh chose to maintain Kashmir's independence until August 15th, 1947 [1]. however, when Pakistan attacked Kashmir in October 1947. Hari Singh agreed to join India's dominion at that time since he had no other choice, which resulted in the loss of its sovereignty. He then signed the Instrument of Accession. The Muslim leader Mr. Jinnah lost authority. Sheikh Abdullah and three other associates joined the India Constituent Assembly in 1949, when they negotiated the J&K's unique status, resulting in the passage of the article