ANALYSING THE VALIDITY OF THE SPECIAL STATUS ACCORDED TO JAMMU & KASHMIR

Shubhankar Gupta
Jindal Global Law School


There are things you break that can’t be put back together again, and Kashmir may be one of them.”

– Salman Rushdie

In this paper I will give a brief timeline of the Accession of the State of Jammu and Kashmir to India, after its independence.  Furthermore, an analysis of the nature of the Article 370 will also be conducted. I shall also seek to draw an analysis of the constitutional validity of the special status provided to Jammu & Kashmir provided on various fronts, including the coexistence of Article 370/ 35A and other related provisions with that of fundamental rights and the basic structure of the constitution among other principles central to the Indian Constitution. Furthermore, I will bring in principles of international law into picture and contrast the same with the special status accorded to Jammu and Kashmir. I shall also aim to draw out some possible solutions based on the current issue and the feasibility of the same. Lastly, I shall divert the reader to the current situation and dynamics of the status of Jammu & Kashmir, keeping the above context in mind.


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