Abrogation of Article 370 of the Indian Constitution: An Analytical Study

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Abrogation of Article 370 of the Indian Constitution: An Analytical Study

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Abstract

Architects of the 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 the 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 that does not emerge from legal or constitutional dimensions but it has complex political and religious dimensions that have an impact on the international border highly complex issues between India and Pakistan. Pakistan’s government has been claiming over J&K since 1947. Dispute of L.A.C.

References

28 Cites in Article
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  2. Tehseen Dr,Nisar (2016). Kashmir and the abrogation of article 370: can peace be possible, or stalemate continue to hamper India and Pakistan relation in future?.
  3. K,Alan Kronstadt (2019). Kashmir: background, recent developments and U.S Policy.
  4. Dr,Sona Shukla,Firdoos Ahmed (2019). test article in issue.
  5. G Balu,Nair (2019). Abrogation of article 370: can the president act without the recommendation of the constituent assembly.
  6. Akashdeep Dr,Singh (2019). Article 370 -a permanently temporary provision.
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  8. Mahaveer Golechha (2019). Integration of Kashmir for peace and prosperity.
  9. Rinashree Khound (2019). Abrogation of article 370 -A look back at its origin and aftermath.
  10. Ira Singhal (2018). Art. 370 and Art. 35A -The impending question of their legal validity.
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  27. R Chandidas,Jawed Naqvi (1968). first case of Peter leaning back ostensively to let Mary see William approaching, it is arguable that some of the basic information is made manifest indirectly, through Peter’s intention being made manifest. Someone who engages in any kind of osten-sive behaviour intentionally draws some attention to himself and intentionally makes manifest a few assumptions about himself: for instance, that he is aware of the basic information involved, and that he is trying to be relevant. Peter’s ostension might make it manifest not just that William is approaching, but also that Peter expects Mary to be concerned, and that he is concerned too. Would we want to say, though, that Peter ‘meant something’ by his behav-iour? Like most English speakers, we would be reluctant to do so; but this is irrelevant to our pursuit, which is not to analyse ordinary language usage, but to describe and explain forms of human communication. Our argument at this stage is this: either inferential communication consists in providing evidence for what the communicator means, in the sense of ‘meaning’ which Grice calls ‘non-natural meaning’, and in that case inferential communication is not a well-defined class of phenomena at all; or else showing something should be considered a form of inferential communication, on a par with meaning something by a certain behaviour, and inferential communication and ostension should be equated. There are two questions involved here. One is substantive: which domains of facts are to be described and explained together? Our answer is that ostension is such a domain, and that inferential communication narrowly understood (i.e. under-stood as excluding cases of ostension where talk of ‘meaning’ would be awkward) is not. The second question is terminological (and hence not worth much argu-ment): can the term ‘communication’ be legitimately applied to all cases of osten-sion? Our answer is yes, and from now on we will treat ostensive communication, inferential communication, and ostensive–inferential communication as the same thing. Inferential communication and ostension are one and the same process, but seen from two different points of view: that of the communicator who is involved in ostension and that of the audience who is involved in inference. Ostensive–inferential communication consists in making manifest to an audi-ence one’s intention to make manifest a basic layer of information. It can there-fore be described in terms of an informative and a communicative intention. In the next two sections, we want to reanalyse the notions of informative and com-municative intention in terms of manifestness and mutual manifestness, and to sketch in some of the empirical implications of this reformulation..
  28. Nirupama Subramanian The Hindu, "India, Pakistan had a solution for Kashmir in 2007: Kasuri.

Funding

No external funding was declared for this work.

Conflict of Interest

The authors declare no conflict of interest.

Ethical Approval

No ethics committee approval was required for this article type.

Data Availability

Not applicable for this article.

How to Cite This Article

tanu_kapoor. 2021. \u201cAbrogation of Article 370 of the Indian Constitution: An Analytical Study\u201d. Global Journal of Human-Social Science - F: Political Science GJHSS-F Volume 21 (GJHSS Volume 21 Issue F3): .

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GJHSS Volume 21 Issue F3
Pg. 23- 33
Journal Specifications

Crossref Journal DOI 10.17406/GJHSS

Print ISSN 0975-587X

e-ISSN 2249-460X

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GJHSS-F Classification: FOR Code: 160699p
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v1.2

Issue date

July 10, 2021

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Architects of the 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 the 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 that does not emerge from legal or constitutional dimensions but it has complex political and religious dimensions that have an impact on the international border highly complex issues between India and Pakistan. Pakistan’s government has been claiming over J&K since 1947. Dispute of L.A.C.

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Abrogation of Article 370 of the Indian Constitution: An Analytical Study

Tanu Kapoor
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