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procedural setup, a temporary provision such as Article 370 cannot be repealed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.
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