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9 Indian J. Const. L. 106 (2020)
The Abrogation of Article 370 and Bifurcation of Jammu and Kashmir - A Bridge Too Far

handle is hein.journals/ijcl9 and id is 122 raw text is: THE ABROGATION OF ARTICLE 370 AND BIFURCATION OF JAMMU AND KASHMIR - A BRIDGE Too FAR Kashish Mahajan' Abstract On 5th August 2019, the State of Jammu and Kashmir, while under President's rule, witnessed unprecedented and potentially historic changes that fundamentally redefined its constitutional relationship with the Union of India. Broadly, these landmark changes include the effective abrogation of Article 370 of the Constitution of India and the reorganisation of the State of Jammu and Kashmir into two Union territories, Jammu and Kashmir and Ladakh, thus, bringing to an end the special status of Jammu and Kashmir under the Constitution of India. This paper outlines the legal measures adopted to effectuate these changes and then proceeds to examine their constitutional validity. The paper contends that the Legislative Assembly of the State can be construed to mean the Constituent Assembly of the State thereby keeping the mechanism for the abrogation of Article 370 alive. The paper also lays down a legal standard for the kinds of decisions that may be taken by the President and the Parliament during the operation of President's rule and argues that the actions of abrogating Article 370 and bifurcating the State of Jammu and Kashmir are unconstitutional when tested against this standard. Lastly, the paper discusses the scope of judicial review in the instant case by analysing previous decisions of the Supreme Court on matters of executive and legislative policy. Keywords: Jammu and Kashmir, reorganization, Article 370, abrogation, President's rule Graduate of the National Law Institute University, Bhopal (B.A.LL.B. (Hons.) - Batch of 2020).

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