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The Kashmir Conflict- Article 370
(And the Validity of Article 35-A) 

Ayesh Jain
S.S. Jain Subodh Law College, Jaipur
Rajasthan, India

Volume II – Issue IV, 2019

Kashmir has always been an argumentative state as to decide the authority over it. Earlier the Union of India received the power to handle in matters of three core subjects i.e. defense, external affairs and communication which were mentioned in Instrument of Accession. Later the Article 35-A by The CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER], 1954 under Article 370 of Indian Constitution was introduced which defines the “permanent residents” of that state, but the issue raised were challenging the validity of insertion Article 35-A by the Constitutional Order, 1954. It is cleared under Article 370 that provisions made in respect of the State of Jammu and Kashmir were to be made applicable only by the presidential order and that order needs to be concurred by the government of that state and once the government of that state gives the permission then it needs to be ratified by the constituent assembly of that state, but the paradox is that under Article 368 of Indian Constitution it has been cleared that any amendment made in respect of Constitution of India can be done only under this Article. Many petitions were been filed in supreme court and many cases have decided in the matter of:-

  • Validity of Article 35-A,
  • How can the Article of permanent nature can be introduced by the Article of temporary nature,
  • Insertion of Article 35-A by the Presidential order, 1954,
  •  It violates the basic structure of the constitution.

 

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