Author: Anisha Kar, BA LLB(Hons), LLM (Constitutional Law), 2021-22, KIIT School of Law.
Abrogation of Article 370 on 5th August 2019, was a historic decision taken by the BJP government to revoke the temporary special status or autonomy granted to the State of Jammu and Kashmir. It was a much sought after decision by many political parties and was also an electoral promise of the BJP government. However, it suffers from many criticisms from the legal point of view. This article deals with all the details of the legal intricacies involved in this executive order by the President. It delves into the arguments from different sections with regard to constitutional validity of the abrogation, and at the same time also analyses the arguments against abrogation. Many pleas and petitions are still there in the floor of the Supreme Court relating to constitutional validity of the abrogation and the State Reorganisation Act. Time can only say whether such an executive action was constitutional or not and whether it was beneficial for the state or not.
Keywords: Abrogation, Constitution, Legislative Assembly, Special Status, State Reorganisation Act.