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31 Minn. J. Int'l L. 259 (2022)
The De-Operationalization of Article 370 of the Indian Constitution

handle is hein.journals/mjgt31 and id is 265 raw text is: The De-operationalization of Article 370 of the
Indian Constitution
By Parth Deshmukh*
The state of Jammu & Kashmir (J&K) has a unique place in
the political history of India.1 The Indo-J&K relationship, and
more specifically the Union Government's handling of J&K, has
always been widely reported, discussed, and scrutinized from
within and outside of the Indian Subcontinent.2 The state had
been granted limited autonomy under Article 370 of the Indian
Constitution, which provided for a separate Constitution for
J&K, and restricted the Union Government's legislative
authority over matters concerning J&K.3
In August 2019, the Union Government, through two
Presidential Orders, unilaterally announced that it was formally
revoking this special constitutional status of J&K.4 Article 370
* Parth Deshmukh received his J.D. from the University of Minnesota
Law School in May 2022. Thanks to professors Stephen Meili and Loren Turner
for their feedback throughout the research and drafting process. Also, thanks
to journal editors Mike Green and Rebecca Wilton for their insightful
1. See Zaid Deva, Basic Without Structure?: The Presidential Order of
1954 and the Indo-Jammu & Kashmir Constitutional Relationship, 4 INDIAN L.
REV. 163, 165 (2020); Article 370: What Happened with Kashmir and Why It
Matters, BBC NEWS (Aug. 6, 2019), https://www.bbc.com/news/world-asia-india-
49234708 (describing J&K as the only Muslim-majority region to join India at
2. See Express News Serv., 'Genesis of the Kashmir Issue Does Not Lie in
Article 370; Solution Doesn't Lie in (Removing) It', INDIAN EXPRESS (Sept. 1,
2019, 7:26 A.M.), https://indianexpress.com/article/explained/kashmir-issue-
art-370-solution-removing-it-dr-aman-hingorani-5954862/;  Kashmir:  Why
India  and  Pakistan  Fight over It, BBC    NEWS   (Aug. 8, 2019),
https://www.bbc.com/news/10537286; Sadanand  Dhume,   The  Dueling
Narratives of India's Kashmir Crackdown, ATLANTIC (Sept. 5, 2019),
3. See India Const. art. 370; Rinashree Khound, Abrogation of Article 370:
A Look Back at Its Origin and Aftermath, 8 INT'L J. SC. & TECH. RSCH. 3584,
3584 (2019) (Article 370 allowed a certain amount of autonomy to J&K....).
4. See Ministry of Law and Justice, Constitution (Application to Jammu
and Kashmir) Order, 2019, C.O. 272 (Notified on Aug. 5, 2019) [hereinafter


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