Advertisement
Abrogation of article 370 and the question of asymmetrical federal arrangement in Northeast India
- Original Paper
- Published: 03 December 2022
- Volume 2 , article number 265 , ( 2022 )
Cite this article
- Hm Izhar Alam ORCID: orcid.org/0000-0003-0426-9608 1
302 Accesses
Explore all metrics
India is the largest democracy with multi-religious, multi-cultural, multi-racial, and multi-lingual society. In a democratic society, asymmetrical federalism has evolved as an answer to the question of accommodating and managing diversity. The paper intends to explore how asymmetric federal institutions were implanted in the Constitution under articles 370, 371, and the sixth schedule. The central theme of this paper is the self-rule assertion in the Northeast to be placed under the concept of asymmetrical federal arrangement in relation to the recent abolition of article 370. It also analyses how differences in ethnicity and region were accommodated in nation-building through asymmetric federalism, traversing the challenges in crafting, and implementing. The abrupt abolition of article 370, ethnic conflict, and the aspirations for self-rule in the Northeast is debatable in the context of self-rule and shared-rule. The Indian government should have gone for a more conciliatory action. Moreover, it must be cautious and amiable in handling the fragile, existing conundrum of power-sharing federal arrangement and inclusivity in the Northeast and Jammu & Kashmir.
This is a preview of subscription content, log in via an institution to check access.
Access this article
Price includes VAT (Russian Federation)
Instant access to the full article PDF.
Rent this article via DeepDyve
Institutional subscriptions
Similar content being viewed by others
Ethnic Federalism, Exclusionary Self-Determination Rights and Conflict in Ethiopia: Consociational Democracy as an Alternative Approach to Peace and Security
Federalism, Ethnic Minorities and National Integration in Nigeria
The ‘Federal Solution’ to Diversity Conflicts in South Africa and Kenya: Partial at Most
Data availability.
The datasets generated during and/or analysed during the current study are available in the [Text for Constituent Assembly Debate and Proceedings are available in Parliament of India, Lok Sabha Library, Digital Library] repository, http://164.100.47.194/Loksabhahindi/cadebatefiles/cadebates.html ; https://eparlib.nic.in/handle/123456789/4
As laid down in the Constitution of India 1950, article 246; Whilst the Union List contains subjects over which exclusive legislative authority resides in the Union government, the Concurrent List contains subjects over which both Union and States have authority to legislate.
As in the Constitution of India 1950, article 1: 1) India, that is Bharat, shall be a Union of States; (2) The States shall mean the states for the time being specified in Parts I, II, and III of the First Schedule; (3) The territory of India shall comprise (a) the territories of the States; (b) the territories for the time being specified in Part IV of the First Schedule; and (c) such other territories as may be acquired.
In the Constitution of India 1950, article 370 (1) (c).
In the Constitution of India 1950, article 370 (1) (d).
In the Constitution of India 1950, article 370(3).
In the Constitution of India 1950, article 370 (2).
Statement by Union Home Minister G.L. Nanda in a discussion on Article 370 in Lok Sabha on November 27, 1963, as quoted in the book, Article 370: A Constitutional History of Jammu and Kashmir written by A.G. Noorani, p. 2.
(2014) Omar Abdullah: Either Article 370 will exist, or J&K won’t be a part of India, Omar Abdullah tweets. In: The Times of India. https://timesofindia.indiatimes.com/india/either-article-370-will-exist-or-jk-wont-be-a-part-of-india-omar-abdullah-tweets/articleshow/35634684.cms . Accessed 9 Aug 2021
Aggarwal S (2019) The Presidential Orders That Felled A State; Writ Petitions Challenging This Fraud On The Indian Constitution; Praying Justice For Kashmiris. https://countercurrents.org/2019/09/the-presidential-orders-that-felled-a-state-writ-petitions-challenging-this-fraud-on-the-indian-constitution-praying-justice-for-kashmiris/ . Accessed 9 Aug 2021
Agranoff R (ed) (1999) Accommodating Diversity: Asymmetry in Federal States. Nomos Verlagsgesellschaft, Baden-Baden
Google Scholar
Ahmad W (2014) Article 370 back in focus, courtesy Jitendra Singh. The Indian Express, Noida
Amarjeet Singh M (2008) Ethnic diversity, autonomy, and territoriality in Northeast India: a case of tribal autonomy in Assam. Strateg Anal 32(6):1101–1114. https://doi.org/10.1080/09700160802404588
Article Google Scholar
Arora B (1995) Adapting federalism to India: Multilevel and asymmetrical innovations. In: Arora B, Verney DV (eds) Multiple identities in a single state Indian federalism in a comparative perspective. Konark, Delhi
Arora B, Kailash KK, Saxena R, Suan HKK (2013) Indian Federalism. In: Suri KC, Vanaik A (eds) Political Science. Oxford University Press, Oxford, pp 100–160
Chapter Google Scholar
Ayyangar G (1949) Constitution of India Debates (Proceedings). In: Volume X. http://www.constitutionofindia.net/constitution_assembly_debates/volume/10/1949-10-17 . Accessed 9 Aug 2021
Behera NC (2006) Demystifying Kashmir. Brookings Institution Press, Washington DC
Bhakto A (2019) Kashmir under siege. In: Frontline. https://frontline.thehindu.com/cover-story/kashmir-under-siege/article29047653.ece . Accessed 9 Aug 2021
Bordoloi G (1949) Constitution of India Debates (Proceedings). In: Volume IX. https://www.constitutionofindia.net/constitution_assembly_debates/volume/9/1949-09-06#9.133.33 . Accessed 9 Aug 2021
Chaudhari RK (1949) Constitution of India Debates (Proceedings). In: Volume IX. https://www.constitutionofindia.net/constitution_assembly_debates/volume/9/1949-09-06#9.133.50 . Accessed 9 Aug 2021
Chowdhary R (2000) Autonomy demand: Kashmir at crossroads. Econ Pol Wkly 35(30):2599–2603
Security Council (1951) Resolution 91/1951
Das NK (2011) Naga peace parleys: sociological reflections and a plea for pragmatism. Econ Pol Wkly 46(25):70–77
Das Gupta JB (1968) Jammu and Kashmir. Springer, Netherlands
Book Google Scholar
Das B (1949) Constitution of India Debates (Proceedings). In: Volume IX. https://www.constitutionofindia.net/constitution_assembly_debates/volume/9/1949-09-07#9.134.191 . Accessed 9 Aug 2021
Erk J, Anderson L (2009) The paradox of federalism: Does self-rule accommodate or exacerbate ethnic divisions? Regional & Federal Studies 19(2):191–202. https://doi.org/10.1080/13597560902753388
Frowein JA, Bank R (2000) The participation of minorities in decision making processes. Council of Europe, Heidelberg
G. Nair B, (2019) Abrogation of Article 370: can the president act without the recommendation of the constituent assembly? Indian Law Review 3(3):254–279. https://doi.org/10.1080/24730580.2019.1700592
Gagnon AG (2001) The moral foundations of asymmetrical federalism: a normative exploration of the case of Quebec and Canada. In: Gagnon AG, Tully J (eds) Multinational Democracies, 1st edn. Cambridge University Press, Cambridge, pp 319–337
Gagnon AG (2009) The Case for Multinational Federalism, 1st edn. Routledge, London
Gagnon AG, Gibbs C (1999) The Normative Basis of Asymmetrical Federalism. In: Agranoff R (ed) Accommodating Diversity: Asymmetry in Federal States. Nomos Verlagsgesellschaft, Baden-Baden, pp 73–93
Ministry of Home Affairs, GoI (2019) Parliament approves Resolution to repeal Article 370; paves way to truly integrate J&K with Indian Union. In: Press Information Bureau. https://pib.gov.in/newsite/PrintRelease.aspx?relid=192505 . Accessed 9 Aug 2021
Jain A (2018) PIL In SC Challenges Art. 370, Says It Be Declared As Lapsed & J&K Constitution As Unconstitutional [Read Petition]. In: LiveLaw. https://www.livelaw.in/pil-in-sc-challenges-art-370-says-it-be-declared-as-lapsed-jk-constitution-as-unconstitutional-read-petition/ . Accessed 9 Aug 2021
Khan A (2004) Situating Federalism, Minorities and Communalism in the Indian Polity. Eur Yearb Minority Issues Online 4(1):85–115. https://doi.org/10.1163/22116117-90000005
Khan A (2012) Contesting Democratic Polities in the Interest of Federalism. L’europe En Form 363(1):251–263. https://doi.org/10.3917/eufor.363.0251
Kymlicka W (2003) Multicultural citizenship: a liberal theory of minority rights. Clarendon Press, Oxford
Manor J (1998) Making federalism work. J Democr 9(3):21–35. https://doi.org/10.1353/jod.1998.0048
McGarry J (2007) Asymmetry in federations, federacies and Unitary States. Ethnopolitics 6(1):105–116. https://doi.org/10.1080/17449050701232983
McGarry J, O’Leary B (1993) Introduction: The macro-political regulation of ethnic conflict. In: McGarry J, O’Leary B (eds) The Politics of Ethnic Conflict Regulation, 1st edn. Routledge, London, pp 1–40
McGarry J, O’Leary B (2009) Must pluri-national federations fail? Ethnopolitics 8(1):5–25. https://doi.org/10.1080/17449050902738838
Noorani AG (2011) Article 370: a constitutional history of Jammu and Kashmir. Oxford University Press, New Delhi
Noorani AG (2000) Article 370: Law and politics. In: Frontline. https://frontline.thehindu.com/the-nation/article30255012.ece . Accessed 9 Aug 2021
Noorani AG (2019) A dubious Constitution. In: Frontline. https://frontline.thehindu.com/the-nation/article26003923.ece . Accessed 9 Aug 2021
O’Leary B (2001) An iron law of nationalism and federation?: a (neo-Diceyian) theory of the necessity of a federal Staatsvolk, and of consociational rescue. Nat Natl 7(3):273–296. https://doi.org/10.1111/1469-8219.00017
OHCHR, UNDP (2004) Inclusion of Indigenous People in Democratic Institutions. Seoul
Potter PB (1950) The principal legal and political problems involved in the Kashmir Case. Am j Int Law 44(2):361–363. https://doi.org/10.2307/2193764
PTI (2014) Article 370 is non-negotiable, irrevocable: Mufti on BJP manifesto-Politics News , Firstpost. In: Firstpost. https://www.firstpost.com/politics/article-370-is-non-negotiable-irrevocable-mufti-on-bjp-manifesto-1469919.html . Accessed 9 Aug 2021
PTI (2018) BJP leader Ashwini Kumar Upadhyay files PIL in SC challenging Article 370; claims special provision was “temporary.” In: Firstpost. https://www.firstpost.com/india/bjp-leader-ashwini-kumar-upadhyay-files-pil-in-sc-challenging-article-370-claims-special-provision-was-temporary-5234631.html . Accessed 9 Aug 2021
Requejo F, Badia MC (2012) Introduction: Democracy and federalism in plurinational societies. In: Requejo F, Badia MC (eds) Federalism, Plurinationality and Democratic Constitutionalism: Theory and Cases. Routledge, London, pp 1–13
Roy JJN (1947) Constitution of India Debates (Proceedings). In: Volume III. https://www.constitutionofindia.net/constitution_assembly_debates/volume/3/1947-04-30#3.19.127 . Accessed 9 Aug 2021
Roy JJN (1949) Constitution of India Debates (Proceedings). In: Volume IX. https://www.constitutionofindia.net/constitution_assembly_debates/volume/9/1949-09-06#9.133.50 . Accessed 9 Aug 2021
Singh B, Singh KS, Gokhale AM (1992) Report of the Expert Committee on Plains Tribes of Assam. Government of India, New Delhi
Singh B (2020) Arunachal assembly passes resolution for inclusion of state in Sixth Schedule. In: The Economic Times. https://economictimes.indiatimes.com/news/politics-and-nation/arunachal-assembly-passes-resolution-for-inclusion-of-state-in-sixth-schedule/articleshow/77789660.cms?from=mdr . Accessed 9 Aug 2021
Sofi WA, Khan A (2018) Federalism: An Idea Behind the Success of Indian Democracy. In: Khan NA (ed) Challenges and Issues in Indian Fiscal Federalism. Springer, Singapore, pp 159–169
Tarlton CD (1965) Symmetry and asymmetry as elements of federalism: a theoretical speculation. The Journal of Politics 27(4):861–874. https://doi.org/10.2307/2128123
Taylor C (1995) The Politics of Recognition. In: Gutmann A (ed) Multiculturalism. Princeton University Press, pp 25–74
Tillin L (2006) United in diversity? asymmetry in Indian federalism. Publius J Federalism 37(1):45–67. https://doi.org/10.1093/publius/pjl017
Trivedi VR (ed) (1995) Documents on Assam: Part - A. Omsons Publications, New Delhi
Venkatesan V (2019) Supreme Court on civil liberties: Sentinel no more. In: Frontline. https://frontline.thehindu.com/cover-story/sentinel-no-more/article29617636.ece . Accessed 9 Aug 2021
Watts RL (2008) Comparing federal systems, 3rd edn. Queens University, Kingston
Weller M, Wolff S (eds) (2005) Autonomy, Self Governance and Conflict Resolution. Routledge, London
Wheare KC (1963) Federal government. Oxford University Press, London, New York
Download references
Acknowledgements
I gratefully acknowledge the suggestions of Professor Arshi Khan, Department of Political Science, Aligarh Muslim University, India and also expressed my thankfulness to the editor and anonymous reviewer of SN Social Sciences for their constructive comments on an earlier draft of this article. Therefore, for this research compliance with ethical standards is not applicable.
No fund was received from any sources.
Author information
Authors and affiliations.
Department of Political Science, Aligarh Muslim University, Aligarh, 202002, India
Hm Izhar Alam
You can also search for this author in PubMed Google Scholar
Corresponding author
Correspondence to Hm Izhar Alam .
Ethics declarations
Conflict of interest.
With reference to the present research paper titled as “Abrogation of Article 370 and the Question of asymmetrical federal arrangement in Northeast India,” I firmly agree with the terms and conditions of journal. This paper has no conflict of interest and is not funded by any financial sources. The paper is original and not published in any other journals.
Research involving human participants and animals
Human Participants or Animals were not engaged or involved in present research. We could not have conducted the survey amongst human and animal’s body. We have not done experiments on ‘‘living forms’’.
Rights and permissions
Springer Nature or its licensor (e.g. a society or other partner) holds exclusive rights to this article under a publishing agreement with the author(s) or other rightsholder(s); author self-archiving of the accepted manuscript version of this article is solely governed by the terms of such publishing agreement and applicable law.
Reprints and permissions
About this article
Alam, H.I. Abrogation of article 370 and the question of asymmetrical federal arrangement in Northeast India. SN Soc Sci 2 , 265 (2022). https://doi.org/10.1007/s43545-022-00581-8
Download citation
Received : 29 January 2022
Accepted : 28 November 2022
Published : 03 December 2022
DOI : https://doi.org/10.1007/s43545-022-00581-8
Share this article
Anyone you share the following link with will be able to read this content:
Sorry, a shareable link is not currently available for this article.
Provided by the Springer Nature SharedIt content-sharing initiative
- Asymmetrical Federalism
- Nation-building
- Jammu & Kashmir
- Abrogation of Article 370
- Find a journal
- Publish with us
- Track your research
COMMENTS
article 370, Maharaja Hari Singh signed the accession papers on October 26, 1947, under which the state acceded to India. Finally, Maharaja Hari Singh signed the official document (accession papers) on 26th of October 1947 in ... under the new constitution as article 370. This research Work Legal Analysis put a question on the article 370,
PDF | In August 2019, the Indian government revoked the autonomous status of Jammu and Kashmir (J&K), protected by Articles 370 and 35A of the Indian... | Find, read and cite all the research you ...
PDF | Abstract This paper primarily focuses on the revocation of Article 370 by the Modi Govt. on 5 August 2019 by using Majoritarian power. The... | Find, read and cite all the research you need ...
Article 370 and 35A: Origin, Provisions, and the Politics of Contestation. On August 5, 2019, the government of India revoked the autonomous status of Jammu and Kashmir (J&K) protected by Articles 370 and 35A of the Indian Constitution. J&K's special provisions had been in place since October 26, 1947, when its ruler, Maharaja Hari Singh ...
Prime Minister Narendra Modi, "Article 370 and Article 35 (A) did not give anything except separatism, corruption, terrorism, and family rule. I congratulate people of Jammu and Kashmir, Ladakh, and the whole nation."4 In his address to the nation on August 8, 2019, he stated, "we as a nation, as a family, have taken a
This paper begins by providing a historical context of Article 370 and its evolution, shedding light on the unique provisions that granted the state of Jammu and Kashmir a level of autonomy distinct from other Indian states. Following this, it delves into the complex legal and constitutional dimensions that surrounded the abrogation process.
Abstract. This paper discusses the constitutional validity of the Indian government's decision to alter the status of J&K in August 2019. It argues that the government's attempt to abrogate Article 370 and convert J&K into union territories is unconstitutional. Since October 1947, the basis of J&K's accession to India was that India would ...
This paper also analyses the consequences from the abrogation of Article 370. The Article 370 which provided an autonomy to Jammu and Kashmir with a special status in the Constitution of India. The paper tries to highlight the meaning of autonomy in the context of J&K. Keywords: Constitution of India, Article 370, Secession, Autonomy. Suggested ...
India is the largest democracy with multi-religious, multi-cultural, multi-racial, and multi-lingual society. In a democratic society, asymmetrical federalism has evolved as an answer to the question of accommodating and managing diversity. The paper intends to explore how asymmetric federal institutions were implanted in the Constitution under articles 370, 371, and the sixth schedule. The ...
Jammu and Kashmir (J&K) occupied a unique place in the Indian federal structure as encoded in Article 370 of the Indian constitution. Incorporating Art. 370 in Indian Constitution reflected the recognition of the unique history and circumstances of J&K's accession to India. However, the article proved a roadblock in the Indian state's march ...
Noorani, A. G. (2011), Article 370: A Constitutional History of Jammu and Kashmir, Oxford University Press, ISBN 978--19-807408-3 Recommended publications Discover more about: India
to reorganize the state into two union territories. This article will be evaluating the constitutionality of the order, act and the executive changes made to the region. The article also focuses on the aftermaths and the impacts of the suspension of article 370 in the state of Jammu and Kashmir. The article will discuss the
Article 370 alive. The paper also lays down a legal standard for the kinds of decisions that may be taken by the President and the Parliament during the operation of President's rule and argues that the actions of abrogating Article 370 and bifurcating the State of Jammu and Kashmir are unconstitutional when tested against this standard.
Corpus ID: 158190939; Article 370 of the Indian constitution: A study in specific reference to legal dimensions and implications @article{Gupta2018Article3O, title={Article 370 of the Indian constitution: A study in specific reference to legal dimensions and implications}, author={Surbhi Gupta and Shashikala Ojha}, journal={International Journal of Law}, year={2018}, volume={4}, pages={01-04 ...
Research Paper IJRAR- International Journal of Research and Analytical Reviews 429𝗑 constitution which outlines the territory of the union of India, and Article 370 itself, applicable to the state immediately at the time of commencement of Article 370 . Article 370 (1) (b) restricted the power of Union
The paper briefly analyses the integration of the state of Jammu and Kashmir with the Indian Union through the Instrument of Accession (1947) under the pretext of Article 370 of the Indian constitution. Article 370 provided a special position to the state of Jammu and Kashmir in the quasi - federal - oriented polity of India as envisaged in ...
ORF OCCASIONAL PAPER # 259 JuLY 2020 5 Kashmir After Article 370: India's Diplomatic Challenge abStract The abrogation of Article 370 and the bifurcation of the state of Jammu and Kashmir in August 2019 provoked intense diplomatic response from the international community. For the most part, India received widespread support for its decision.
BhartiyaVidyapeeth College, B.B.A L.LB. Abstract: This research paper talks about abrogation of article 370 and article 35A of Indian constitution. Article 370 and article 35A talks about special status given to residents of Jammu and Kashmir and who are permanent residents of that state and provide them exclusive rights which are no available ...
This paper examines Article 370 and the validity of politics attached to it, based on four specific arguments. First, the Genesis of Article 370 spawns inequality in India. Second, its Retention ...
The paper also analyses the consequences that such a decision may have in this region. It is pertinent to mention here that the erstwhile state of Jammu and Kashmir enjoyed the special status under Article 370 of the Indian Constitution. This paper also analyses the consequences from the abrogation of Article 370. The Article 370 which provided
However, keeping in mind, the research paper was written in 2017, it focused majorly on the political aspects of Article 370 and the tussle between political parties to abrogate it or keep it. It failed to consider the legal and constitutional aspects involved in it. 2. On the other hand, Sunatu Kumar's "A STUDY OF ARTICLE 370 WITHIN THE
An Analysis of the Kashmir Issue: Past, Present and Future. Recommendations. Abstract: In this paperwork, we at first presented the basic introduction to the Kashmir issue and then. tried to shed ...
In this paper, we chose 400 adolescent students using simple random sampling from Kashmir valley for examining the impact of armed conflict and abrogation of Article 370 on students life. Recently ...