CSSInternational Relations-II

Q7. How has India’s scrapping of its constitutional law (articles 370 and 35A) that grants special status to the Indian-administered Kashmir impacted the legal standing of the Kashmir dispute? 2023

India’s scrapping of Article 370 and Article 35A of its Constitution, which granted special status to Indian-administered Kashmir, has significantly impacted the legal standing of the Kashmir dispute.

Article 370 provided for a separate constitution, flag, and autonomy for Indian-administered Kashmir, while Article 35A gave the state’s legislature the power to define permanent residents and provide special rights and privileges to them. The scrapping of these provisions has effectively ended the autonomous status of Indian-administered Kashmir and integrated it fully into the Indian Union.

This move has sparked widespread protests and criticism, both within Indian-administered Kashmir and internationally, and has led to a deterioration in India-Pakistan relations. The Kashmir dispute has been a long-standing issue between India and Pakistan, with both countries laying claim to the entire region, but administering different parts of it.

The scrapping of Article 370 and Article 35A has raised questions about the legal standing of the Kashmir dispute and the rights of the people of Indian-administered Kashmir. It has been argued that the Indian government’s action violates the provisions of the Indian Constitution and international law, including the right to self-determination of peoples and the principle of consent in the transfer of sovereignty.

In conclusion, the scrapping of Article 370 and Article 35A of the Indian Constitution has significantly impacted the legal standing of the Kashmir dispute, raising questions about the rights of the people of Indian-administered Kashmir and the validity of India’s actions. The issue remains a major source of tension between India and Pakistan and has implications for regional stability and security.

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