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For the sake of the Union

  • Published
    16th Dec, 2023

Context:

The recent decision came from the Supreme Court on abrogation of Article 370 has made clarity for all regarding its pros and cons.

Article 370 Verdict

  • Judicial Impartiality: The Supreme Court's decision on Article 370 aligns with the Constitution, rejecting claims of compromise or ulterior motives.
  • The ruling accurately reflects the constitutional evolution, stating the temporary nature of Article 370 and its erosion over decades.
  • Federalism and Constitutional Design: The absence of the term "federalism" in the Indian Constitution aligns with B R Ambedkar's vision of a union, not a federation.
  • Amit Shah's argument in Parliament, emphasizing one constitution for India, dispels notions of dual citizenship.
  • Flexible Federalism: Ambedkar's concept of "flexible federalism" and the Supreme Court's endorsement of "asymmetric federalism" characterize India's unique constitutional structure.

Critique of Article 370

  • Temporary Provision: Article 370, introduced as a temporary measure, was expected to cease with the state's constituent assembly.
  • Delhi Agreement: The Delhi Agreement in 1952 prolonged Article 370's existence, introducing dangerous precedents like shared sovereignty and separate citizenship.
  • Supreme Court's Rectification: The Supreme Court's decision rectifies distortions from the Delhi Agreement and supports the Central government's annulment of Article 370.

Future results

  • A Dilemma got over: The ruling ensures closure on the issue, foreclosing any potential revival of Article 370 in the future.
  • Territorial Claims: Despite celebrating the end of separate status, attention is drawn to the J&K Constitution, which defined territories differently.
  • J&K Constitution: The J&K Constitution's explicit reference to pre-1947 territories raises questions about areas annexed by Pakistan post-Independence.
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