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How Revoking Of Article 370 Would Affect Kashmir


There has been a rush in violence as well as protests in the Indian-administered Kashmir from July 2016. The trigger for this problem was the killing of the Burhan Wani, and he was the leader of an armed group named Hizbul Mujahedin by the security forces in that month. There have been multiple clashes between Pakistani as well as the Indian Military across the Control Line, as the border between Pakistan-administered and Indian-administered called Kashmir. The incursions put on by the armed groups into the Pakistan-administered Kashmir and Indian-administered Kashmir have not ended but they were carried forward.  Hence, more than 40 soldiers of the Indian Military were killed in February 2019 during the attack held in Pulwama.

The Indian government gave a surprise to the entire nation by suddenly revoking article 370 in Kashmir. Article 370 helped Jammu and Kashmir to have considerable political autonomy. The government also stated that it is a long-overdue measure that would help a person in establishing the situation by integrating the state completely in India. There are chances that this move made by the government of India can work as fuel in flames. Muskaan NGO has been creating awareness related to Article 370 to avoid any violence or offensive crime.

Is it legal under Indian law to revoke article 370?

The political parties and great politicians have acknowledged the fact that J&K political autonomy was eroded largely from the time when article 370 was introduced. However, it is a point of concern for many people out there that revoking of any article is legal under Indian law. Thus, there are different views on this point or question raised by people. 

The famous constitutional expert stated Subhash Kashyap stated that the order to revoke article 370 was ‘constitutionally sound' and ‘no legal, as well as constitutional fault, could be found inside it'. Hence, there are some of the lawyers assert that the constitutional change of this kind needs a two-third majority in both the houses of the Union Parliament. On the other hand, others suggest that this needs the approval of the J&K Constituent Assembly. However, this would exist no longer after it was abolished in 1957 after the agreement of the state constitution. 

In addition to this, the Supreme Court previously declared that article 370 has turned out to be the permanent provision of the Indian constitution. This was contrary to people who believe that it was a temporary measure. This also raised some of the questions whether it could be revoked legitimately. The Supreme Court would ask to rule on the BJP-led constitutionality of the government's latest actions but this could take some time. The court considers article 370 as a constitutional challenge to article 35 A.

There are multiple critics of revocation regard it as the breaching and the contractual basis upon which the Kashmir's Maharaja decided to join India in the year 1947. Lawyers also have thought that there could be any international law dimension involved in the revocation process as well.

Could international law apply?

The constitutional law expert Faizan Mustafa has characterized the agreement of 1947 under which Kashmir's Maharaja decided to join as between the sovereign states. In other words, this agreement had the character of an international treaty. He said that by revoking Article 370, the Indian Government could be interpreted as the return of Kashmir to its pre-agreement status as the sovereign state.

This may be lead by him in reopening the possibility of the plebiscite in Kashmir for deciding its future. This is usually endorsed by the UN resolutions upholding Kashmir's right for self-determination of the first war between Pakistan and India to win Kashmir in the year 1948. Muskaan NGO has deeply studied the concept of 370 and has found that it has various benefits for the economy of the Indian constitution. Therefore, revoking of article 370 in Kashmir would highly influence other sectors on Indian-administrated Kashmir economy.