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INTERNATIONAL JOURNAL OF CREATIVE RESEARCH THOUGHTS - IJCRT (IJCRT.ORG)
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Published Paper Details:
ABROGATION OF ARTICLE 370 OF THE INDIAN CONSTITUTION: AN ANALYTICAL STUDY
Authors
NEHA,Dr. Radhika Dev Varma Arora,Dr. Surender Ajnat,Mr.Harbhajan Sampla,Gautam
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Keywords
The Constitution of India, The Valley Of Kashmir (Jammu- Kashmir and Ladakh), Article 370, Temporary Provisions, Union Territories, Ground Reality Scenarios, Human Rights, Legal Analytical Study, Problem Solving Skills, Country Peace, Stability, advanced development, international stable and progressive relations.
Abstract
Architects of Indian constitution were eager to make the country sovereign stable, peaceful and to protect the human rights of people. Constitutional laws contributed a very pivotal role to make the country?s judicial system on right track for the sake of country?s present ground reality complex scenarios and the future has been made secured for our parliamentary system is based on upgrading or new constitutional laws. But controversial Article 370 has provided the Jammu and Kashmir state vast powers as the autonomous body which created many complex problems including threat of unity of the country and our government bifurcated the state into two successors �Union Territories� with additional limited aboriginal administrative powers under the Central Government. This Article was a �Temporary Provision� and it was essential to abrogate, modify and to eliminate this article. Article 370 has a historical background which does not emerge from legal or constitutional dimensions but it has complex political and religious dimensions which have impact on the international border highly complex issues between India and Pakistan. Pakistan government has been claiming over J&K since 1947. Dispute of L.A.C. �Line of Actual Control� around �No Men?s Land� and continue to complex issues of �Line of Control� with Pakistan have been going on since 1947, whereas China has been claiming on our land which is located near to Ladakh. The United Nation deliberates J&K to be disputed territory between Indo-Pak, but New Delhi, the status quo party, calls the recent legal changes an internal matter and it is usually opposing third �part involvement in the Kashmir issue. Since the beginning of this matter Article 370 Dr. B.R. Ambedkar the father of Indian constitution was totally disagreed in introducing this article in our constitution. In this Dissertation research work, abrogation of Article 370 of the Indian constitution is taken as an �Legal Analytical Study� where focusing the complex issues and matter of responsibilities in the making of Article 370 and its right implication, Division of State by The Union Govt., Distinct formation of High Court, Emergency Provisions as Temporary and Transition, Fundamental Rights and Ground Reality Scenarios under The Constitution of Indian and its Problem Solving Skills implementation on ground reality complex scenarios have impact on The Valley of Kashmir (Jammu -Kashmir and Ladakh) towards country?s peace and international stable and progressive relations. The hope is that the fine combination of Muslims (Kashmiris - One Divine Wisdom) and Buddhists (Ladakh from Tibet University - Lhasa) give us a unique culture and scope of advanced future enhancements to reshape the unstable country?s situations in peaceful, enlightened and advanced development under the umbrella of Indian Constitution.
IJCRT's Publication Details
Unique Identification Number - IJCRT2008198
Paper ID - 197564
Author type - Indian Author
Page Number(s) - 1881-1903
Pubished in - Volume 8 | Issue 8 | August 2020
DOI (Digital Object Identifier) - http://doi.one/10.1729/Journal.24295
No Of Downloads - 1483
Author Country - PIN 160062, INDIA, MOHALI, MOHALI, INDIA, Medical Science
Publisher Name - IJPUBLICATION | www.ijcrt.org | ISSN : 2320-2882
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NEHA,Dr. Radhika Dev Varma Arora,Dr. Surender Ajnat,Mr.Harbhajan Sampla,Gautam, "ABROGATION OF ARTICLE 370 OF THE INDIAN CONSTITUTION: AN ANALYTICAL STUDY", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.8, Issue 8, pp.1881-1903, August 2020, Available at :http://www.ijcrt.org/papers/IJCRT2008198.pdf
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