Footnote:
In: Supremo Amicus, Vol. 23, 2021
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments January 20, 2021 erstellt
Description:
Democracy of any country is the general will of the people for which elections are held and the common will of the people is been ascertained. But what would happen if any law is made for a state where the people of that particular state are not been considered but are chained down in a state-wise lockdown with no communication and other facilities. The abrogation of Article 370 has put the entire country in a mood of rejoice except the very state of Jammu & Kashmir. The political leaders of the state has been house arrested, additional security forces are been deployed and a total lockdown of the state is been done (may be to ascertain the will of the people).In this research paper the author would like to delve into the events and history which led to the invocation as well as the abrogation of the Article 370 which was there as a temporary provision since its inception but survived almost seven decades before an abrogation which seems to be an unconstitutional, anti-democratic and antifederal move by the government. The authors further attempts to look at the constitutional provisions relating to the abrogation and tries to ascertain why this is unconstitutional and a violation to the democratic ethos of the country