Demolishing Democracy in Kashmir: Relating the Theory of Utility

  • Ayush Verma and Riya Rai
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  • Ayush Verma

    Student at KIIT School of Law, KIIT University, India

  • Riya Rai

    Student at KIIT School of Law, KIIT University, India

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Abstract

India is the largest democracy in the world where the Government is formed ‘by the people, for the people and of the people’; which means the will of the people is supreme and the people of India are sovereign. This concept of democracy was founded upon the essence of Mill’s Theory of Utility, as it talked about ‘maximum good of maximum people’ which later developed into ‘establishment of will of the maximum people’. While abolishing the special status, i.e. having a strict federal sovereignty that Kashmir used to enjoy for being a part of India by the virtue of the Instrument of Accession, the will of the people was neglected and many provisions of the Constitution was misinterpreted and misused. This write up attempts to provide an evaluation of the incidents of Kashmir and how the ignorance towards utilitarianism resulted into overthrowing democracy, the Constitution of India and its moralities embedded. To do justice with the subject, literature of theories of justice will be analyzed in order to establish the illegality of it from the very foundation and its adverse effect to the democratic principles, without going into the political need of such happening. The question is not whether the provision is desirable or not, but whether the Central Government could use the temporary and indirect cover of Presidential Rule to permanently affect the federal structure of the India.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 774 - 784

DOI: https://doij.org/10.10000/IJLMH.111927

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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