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International Journal of
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VOL. 11, ISSUE 4 (2025)
Dichotomy of asymmetrical federalism and abrogation of article 370 in India: A constitutional debate
Authors
Dr. Rakesh Mondal
Abstract

The framers of the Constitution have embodied asymmetrical federalism in India by Article 370, which imposed some procedural limitations over the union. Such limitations include not abrogating Article 370 unilaterally. As per the procedural setup, a temporary provision such as Article 370 cannot be repealed unless its opponents acquire sufficient political support in the form of a Constituent Assembly. However, these procedural aspects have not been achieved before such abrogation.

On the other hand, Article 370 of the Constitution of India 1950 as it provides special privileges to the State of Jammu and Kashmir (J & K) that has been recently abrogated in 2019. Earlier in 2018 its constitutionality was challenged on the ground that it is temporary provision in the constitution which creating many issues relating to political and human rights violation.

The author in this research article endeavors to depict the true nature of the Article 370 in the light of the historical and political background. Further, the author seeks to find out the impact of the abrogation of the Article 370 of society in general in the state of Jammu and Kashmir.
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Pages:115-121
How to cite this article:
Dr. Rakesh Mondal "Dichotomy of asymmetrical federalism and abrogation of article 370 in India: A constitutional debate". International Journal of Law, Vol 11, Issue 4, 2025, Pages 115-121
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