Title: Revocation of special status of the State of Jammu and Kashmir; a new dimension to asymmetrical federalism in India

Authors: Shruti Bitoliya

Addresses: National Law Institute University, Bhopal, Madhya Pradesh, India

Abstract: The focus of this paper is upon the unequal measures which are practiced in relation to the federalism in India, in reference to the recent revocation of the special status of the State of Jammu and Kashmir. The literature regarding the asymmetry in federal structure revolves around the question whether the arrangement is a slippery terrain which may lead to separatist and secessionist ideology among the people domiciled in that State. The text of Article 370 under the Constitution of India was as a 'temporary provision' has been changed by the way of Constitutional Order No. 272 and 273, which has effectively revoked the special constitutional status granted to the state. The paper will also look in the details of the question of the Constitutionality and method adopted for the said revocation. Conceptual issues are - the causes and consequences of asymmetric federalism and the reasons as to why the state was granted a special constitutional position.

Keywords: revocation of special status; asymmetrical federalism; Jammu and Kashmir; Article 370 of Indian constitution; constitutional orders; India.

DOI: 10.1504/IJHRCS.2022.123690

International Journal of Human Rights and Constitutional Studies, 2022 Vol.9 No.3, pp.282 - 293

Received: 31 Aug 2021
Accepted: 21 Oct 2021
Published online: 30 Jun 2022 *

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