I. INTRODUCTION

The serious complex issues of Kashmir (as a state of India equalize with other states) and the abrogation of article 370: peace can be conceivable, or stalemate endures to hamper India and Pakistan relation in future ${}^2$ Focusing on Kashmir with its background, recent development and U.S. Policy as published by Congressional Research Services, the author highlights the issue with Indian government based on constitutional power to make changes in J&K state where the Muslim majority is existing. The author highlights the Article 370 which make the Jammu and Kashmir state as a "special status" and bifurcation of the state from the whole country as a "union territories" with the use of constitution came under "president rules" which in future makes serious issues as peace or war, religious stability, Indian military strong action, interference of Pakistan, disturbing national and international relation between UN, India, Pakistan and other neighbouring countries. UN said officially that Jammu and Kashmir consider as a disputed territory but India reacted with the recent constitutional surprised changes an "internal matter". UN policy's main objective is to avert conflicts between India and Pakistan. He highlights the issues for the three decades of separatist conflicts and their countless death records as an outcome after 2013. The USA supports both sides of Indian and Pakistan partnership to make the peace and development continue to future from 2019 with the president Trump's July "mediation" offer ${}^3$. As per old background of this article 370 the case history of Jammu and Kashmir where Maharaja Hari Singh after Pakistani attack since the 26th of October 1947, on Jammu and Kashmir, after princely states merged with India Kashmir had its constitution since 17th of November 1956 under the constitution of India came into force with provision 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 which the state assented to India. Most importantly they highlighted "THE LEGAL ANALYSIS" focusing Article 370 in detailed research as Article 370 Clause (1)(a), (1)(b), (1)(c), (1)(d), (2) & (3) with the further current legal framework of article 370, issues, challenges and suggestions for India's future peaceful scenarios ${}^4$. After this lots of issues reflect from his research title as "the abrogation of article 370 can the president act without the official recommendation under constitutional rights of the constitute assembly?". With the in-depth framework, he focusing on the provision and its background history, the legal cases against article 370, characterization of the article 370 in judicial decision with proper details, basic structural doctrine and the parliament's power to change article 370. This article under the Indian constitution and unequal federalism, bureaucratic limitation on amending power, ARTICLE 370, and provisional constitutionalism. The result shows that article 370 cannot be deleted by the presented without the official recommendation under the constitutional rights of the constituent assembly. Clause 3 of Article 370 of the Indian Constitution explains that the President has the power to abrogate or delete this Article by giving official notification in the Official Gazette. Provided that he shall take the consent of the State Governor before making such move. ${}^5$ As complex matter related to article 370 the petitions, claims and complaints are registered officially ${}^6$. Jammu and Kashmir is the epicenter and the cause of burning issues due to the interference of both Pakistan and India. The author is disagreeing with the special status done under the new constitution as article 370. ${}^7$

This research Work Legal Analysis put a question on the article 370, and to recognize why the tenacious complex problems of communism, dynamics of separationist activates and moments which put the Indian government into serious trouble (in the present ground reality scenario and the future) the genesis and nature of this article under Indian constitution which should be understood in details ${}^8$.

In the end, the article 370 and its further implementation makes development and peace in The Valley of Kashmir (Jammu- Kashmir, and Ladakh) towards country's peace and international relations ${}^9$.

From the past many years, it has been observed that Kashmir is facing an atmosphere of terror and struggle due to which lakhs of people were lost their lives and millions of the troops have been deployed in the valley due to uninvited events. On many occasions, there were a large number of bloodshed and terror like condition. Elections were conducted in Kashmir in the presence of military or Para-military force for their protection. There were more than six lakhs of armed forces deployed for the safety of Jammu and Kashmir which was an official statement proclaimed by the assembly of J & K. The ratio of locals and military personnel is 1:18, considering this it can be witnessed that a large number of troops were deployed in the valley for the protection and safety of the locals. In the country which has a total population of 130 crores and in comparison to that population of Jammu and Kashmir is 1.47 crore only. The quantum of military forces is quite large as compared to the population of the valley. There have been many wrongful acts and tragedies observed in consideration of Human rights violations by armed forces or army troops in the State. Cases of rapes, molestation, harassment, disappearances, etc. done by armed forces deployed in the valley. Such cases of violation of human rights were investigated by Amnesty International and other agencies but no such proof was found or proven against the Indian army. They always came out of such cases clean and clear.

II. LITERATURE REVIEW

The updated Jammu and Kashmir Reorganisation Act ${}^{10}$ This is a most important copy of Indian constitution the updated Jammu and Kashmir Reorganisation Act, 2019 where article 370 is mentioned in detail with Article 370 Clauses (1)(a), Article 370 Clause (1)(b), Article 370 Clause (1)(c), Article 370

Clause (1)(d) Article 370 Clause (2), Article 370 Clause (3). Which is very useful to understand the present ground reality scenarios in Jammu and Kashmir and including Ladakh.

III. RESEARCH METHODOLOGY

The study is doctrinal in nature and analytical in approach. The research will depend on both primary and secondary sources. There are many other sources like political views, debates, commentaries of various authors, books, journals, websites on the internet, enactments, etc.

1. Primary Source: The primary sources used in this research include the Constitution of India, Precedents and Statutes. Various reports of Commission of India.

2. Secondary Source: The data will be gathered through different sources such as the internet, journals, Articles, Newspaper and Magazines.

IV. RESEARCH HYPOTHESIS

The abrogation of Article 370 of the Indian Constitution will improve the overall condition of society at large in Jammu and Kashmir if implemented effectively.

V. RESEARCH OBJECTIVES

• To review and compare the legal status of the State of Jammu and Kashmir in the light of the scrapping of Article 370.

• To analyze the legal implication of the abolition of Article 370 and Article 35A.

• To find out THE MIDDLE PATH SOLUTIONS with New Constitutional Embedments Or Basic Law Structural Change to satisfied the both side of government and the people of Valley of Kashmir (Jammu -Kashmir and Ladakh) in peaceful way.

VI. ARTICLE 370 OF INDIAN CONSTITUTION: AN OVERVIEW

Article 370 of the Indian Constitution is the most controversial and contentious. It has a profound history with immeasurable and temporary. This Article was outlined as a "temporary provision" of the Indian Constitution. The constitution of India anticipates the assembling the Constituent Assembly for Jammu & Kashmir State. As per this Article, any modification, amendments or exceptions in Article 370 within the Constitution of India in the application to the Jammu and Kashmir State are within the discretion of the Assembly. Henceforth, this article is a "temporary provision is not proficient to abrogate, modify, or replaced. There were many historical and political reasons that the State Jammu and Kashmir were accorded with the special status under Article 370 of the Indian Constitution before its abrogation in 2019. Article 370 is also termed as the National Liability on the Government of India. This Article has vast literature and history which does not emerge from legal or constitutional dimensions but it has a deep-rooted political and religious dimension. All the facts and elements are entangled so abruptly with each other that one needs the extensive interest and keenness to understand the dimensions of the Article and its vast political background. Deeper incite of this Article is important as it replicates the deep understanding of the unilateral and bilateral type of government in a single country. Let's study the dimensions of the framer of this Article which tried to fulfill the hopes and aspiration of justice to the citizens of India and also residents of Jammu and Kashmir.

a) Background

Not many people know the reason behind the formulation of Article 370 in the Constitution of India and it has played a vital role for Jammu and Kashmir to become an integral part of the Indian Constitution. It was despite the political apprehension of the Sardar Patel, Political Parties and Constituent Assembly. When the B.R Ambedkar refused to frame this Article, Jawaharlal Nehru appointed his most trusted Cabinet Member N. Gopalaswami Ayyangar to draft Article 370 of the Constitution of India. Earlier Sheikh Abdullah was directed to accompany B. R Ambedkar for framing Article 370 but he was strictly against the formation of this Article. In 1950, the Indian Constitution came into force, Article 1 of the Constitution defined Jammu and Kashmir has a special status. Inequality in India begun from here. Jawaharlal Nehru and Sheikh Abdullah signed an agreement known as the "Delhi Agreement" to improve relations between the state and the union. Jawaharlal Nehru promised the citizen of India that Article 370 is just a temporary provision and it will be deleted over time. Framers of Article did not mention the period replicate the word temporary in the provision. Does it mean one week, one month, one year, or a decade? Because it took almost half a century to justify and abrogate these words like "temporary, translational and special provision" which is contained in part XXI of our Constitution. As per the Instrument of Accession signed by the State, Maharaja provided specifically that dominion of India on the State of Jammu and Kashmir will be limited to the matters related to defence, external affairs and communication and other matters will be decided by the Maharaja or government itself.

Moreover, Clause 7 of the Instrument of Accession also defines that no further laws provided in the Constitution of India are applicable to the State of Jammu and Kashmir.

b) Facts Behind the Article 370 of the Indian Constitution

1. Article 370 of the Indian Constitution is the temporary and special provision accorded for the state of Jammu and Kashmir.

2. The principal drafter of the constitution of India refused to frame the Article 370 because this article was unconstitutional according to him.

3. Sheikh Abdullah was instructed by Nehru to work on this Article under the supervision of the B.R Ambedkar. But eventually, it was drafted by Gopalaswami Ayyangar.

4. At the time of collective princely states were reorganised provisions of the omitted Article 238 did not apply to the State of Jammu and Kashmir.

5. Article 370 is drafter under Part XXI "the Temporary and Transitional Provision" of the Constitution of India.

6. The Instrument of accession is the original draft of the Article 370 and under that it was defined that "the Government of the State means the person for the time being recognized by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja's Proclamation dated the fifth day of March 1948.

7. As per this Article before taking any important steps parliament has to look for the concurrence of the Government of the state.

8. Parliament of India cannot reduce or exceed the borders of the state.

9. Article 370 was renumbered at the place to Article 306A of the Indian Constitution.

10. Non-residents do not have permission to transect the land deals in the Jurisdiction of the J & K as provided under Article 370.

11. The Union cannot interfere in the provision provided in the Constitution of Jammu and Kashmir.

c) Constitutionality

This Article was framed to accord the special constitutional status to the State and none of the Article of the Constitution of India has anything to do with the enforceability or credibility of Article 370. If we view this article with the vision of constitutional ethics, then it is unconstitutional in the eye of law because is it degrading the basic structure of the Constitution of India. Clause 2 of article 370 has allowed the formation of the separate Constitution of the State Jammu and Kashmir. No other state in India is awarded this entitlement. Ethically, morally and politically law demands that there should be only one book of Constitution for the whole nation. Democracy and sovereignty in the territory should be the absolute power of the Country. Furthermore, any modification, deletion or amendment in the Constitution of India by the legislative assembly is the application to everyone but as per the recommendations of Article 370, the State of J & K will decide the implication of such amendments, modification, or deletion.

d) Nature of Article 370

To understand the question of the basic principle of the constitution of India one should study the nature of this Article first. So in many Supreme Court decisions, it has been decided that it is the temporary provision of the Constitution but happened to be the permanent provision from the past half-decade. This Article was the political venture and used as a weapon by the politicians of Jammu and Kashmir. It has few of the fiscal implications:

1. Applicability: Union government with the consensus of the state govt. before applying all other law except the law related to defense, external affairs. and communication. All the provision of the Indian Constitution is not applied on the state Jammu and Kashmir like the whole Part VI does not apply to Jammu and Kashmir. No other state has such privilege as Jammu and Kashmir.

2. Jurisdiction: Parliamentary Jurisdiction is confined to Union and Concurrent list only. The State list does not apply to the valley. In context to the other states, the residuary power lays in the hand of Parliament whereas the Jammu and Kashmir residuary power is governed by the legislature of the state. The law related to preventive detention framed in India are not felicitous on the State J & K. Kashmir enjoys many other powers other than the other states of India which are plenary power of parliament defined under Article 3 of the Constitution of India, International treaties, convention or agreements signed by India under Article 253 does not apply to Kashmir, etc.

3. Fundamental Right and DPSP are inapplicable on the State of Jammu and Kashmir.

4. Any amendment, modification or deletion under Article 368 does not apply to the J & K. The Center has no power to amend the Constitution of Jammu and Kashmir.

5. The high court of Jammu and Kashmir has limited jurisdiction and cannot declare any law unconstitutional.

e) Provisions of Article 370 of the Indian Constitution

Part XXI of the Indian Constitution includes Article 370 which represents all its provision to be "temporary, transitional and special"

1. The initial words are "notwithstanding anything in the constitution anything in this constitution". These words are very rarely used in any other provision of the Indian Constitution. These lines mean that it has nothing to do with any other provision of the Indian Constitution as it is only applicable to the Jammu and Kashmir.

2. Sub-clause "a" of clause 1 of Article 370 explains that the provisions of Article 238 do not apply to the state of Jammu and Kashmir.

3. Article 370 (1) b speaks about the powers of the parliament on the state are limited. Dominion of India was set in the instrument of accession. Matters related to union list and concurrent list are applicable only with the discretion of the Governor of the Jammu and Kashmir. Only matters related to the State list can be decided by the Parliament.

4. Clause 1(c) of Article 370 provides that Article 1 of the Indian Constitution applies to the state Jammu and Kashmir.

5. Clause 1(d) of Article 370 explains that certain amendments and modifications can be made in Article by passing the Presidential order. But it also includes the proviso that before passing such order President must take the advice or permission of the Governor of the State Jammu and Kashmir. Another proviso explains that such order should be related to the matters as prescribed in the instrument of accession and with the concurrence of the Governor of the state.

6. Paragraph (ii) of sub-clause (b) of clause (1) or in the second provision to sub-clause (d) of that clause says that with the consent of the Governor of the Jammu and Kashmir it must be placed in front of the Constituent Assembly.

f) Effects of Article 370 on Human Rights

Under the cover of Article 370 many human rights are being trashed and tampered. Human rights are for the welfare of the society and should be awarded to every citizen of India irrespective of their caste, colour, race, gender or creed. Under the ambit of Article 370 state govt. of the valley failed to protect the basic rights of the residents of Jammu and Kashmir. discrimination with backward people, women who cannot marry outside the state to protect their property rights, right to education of children etc. are not protected under the constitution of Jammu and Kashmir. The consequences of the Art. 370 in the purview of Human Rights are as follows:

1. Gender Biases: Article 370 cries loud the gender biases in the Jammu and Kashmir. Article 35A speaks about the rights of women who are deprived of property rights if they marry outside the state. This discriminatory behavior against the women of Jammu and Kashmir is solely unacceptable and demands the call for justice. There is sheer backwardness in the state of Jammu and Kashmir. Basic Fundamental rights are not provided to women and children. The Right to education from the age of 8 to 14 is not compulsory and strictly followed by the people of the valley. Child marriage is still prominent and such act which opposes such crimes do not apply to the residents of Jammu and Kashmir.

2. Backward Classes: In the presence of Article 370 the chances to increase discrimination have been aroused. Backward classes can face discrimination which is a violation of human rights.

3. Political Rights: Kashmir valley been the smallest area of all other has the maximum number of seats in the electoral constituencies which is unfair and fosters inequality amongst other states. As far as the democratic government is concerned each state should have equal opportunity to elect their representatives from their respective constituencies.

4. Civil Rights: The Certificate of Permanent Residency is of utmost importance to enjoy the special rights in the Jammu and Kashmir. Violation of adult suffrage is caused by not giving equal rights to the people who have stayed in Kashmir for many years just because they do not hold the certificate of Permanent Residency. This is a sheer violation of Human Rights under the umbrella of Article 370.

5. Minority Rights: State Minority Commission or National Minority Commission has no jurisdiction over Jammu and Kashmir hence they enjoy the minority position.

6. Employment Rights: Right to equal opportunity under Article 16 is enjoyed by every citizen of India but it is inapplicable on Jammu and Kashmir. Under the Presidential Order, only citizens with PRC can enjoy employment rights in the state. Union government has no power to interfere in the matters of employment or recruitment in Jammu and Kashmir and also cannot take action against this discrimination amongst the people.

7. Freedom of Movement: The right to freedom of movement cannot be guaranteed to the people of Jammu and Kashmir under the blanket of Article 370. This is a violation of Article 19 and also the human rights of the people of Jammu and Kashmir.

g) Disadvantages of Article 370

There is no private hospital in the vicinity of the adjoining district of Jammu and Kashmir. Lack of essentials in the state such as water supply, electricity supply, or fast speed internets. There is no competition among students who lacks their mental growth and development. This lacks the progress of the youth mentally. The Youth of Jammu and Kashmir do not have the right to crack other state exams. There is no industrial growth or development because no company has the right to buy land in the valley. The permanent residents of the state have property rights only. Shariah laws are profiling to the women of the state. The Indian government cannot access its powers without the concurrence of the state government. Hence, they cannot implement any law or policy on the state.

What is Article 35A inculcated in the legal provisions of J&K? This Article was inserted for providing the special status to the residents of the Jammu and Kashmir. This Article was inserted on the recommendation of President Rajendra Prasad with the concurrence of Jawaharlal Nehru. Article 74A is a blessing to the people of Jammu and Kashmir and can only be enjoyed by residents of the valley.

Legal Implications of Abrogation of Article 370 of the Indian Constitution Article 370 was inserted during the political turmoil and the war between Kashmir and Pakistan. Initiation of the Article was when the Instrument of Accession was signed between Kashmir and the government of India. As per this Article special provision was promised to be given to Jammu and Kashmir. To fulfil such agreement Article 370 came into existence and the drafting of this Article was initiated.

1. INEQUALITY.

2. TEMPORARY AND TRANSITIONAL PROVISION.

3. OVERRULES SECTION 5 OF THE INSTRUMENT OF ACCESSION.

4. STIMULATES SEPARATIONISTS.

5. FINANCIAL DEVELOPMENT.

6. CORRUPTION.

7. SECURITY AT STAKE.

8. DISCRIMINATION:

The rights provided to women differ as compared to the rights of the men in the state of Jammu and Kashmir. In the case, the State of Jammu and Kashmir and Sheela Shawney women raised her voice against the provision given in the Constitution of the Jammu and Kashmir that if a woman marries outside the state she will lose her property rights. It was settled in the full bench of Jammu and Kashmir High court that its provision will be struck down as discriminatory and bias. This provision also does not have any legal basis. Later this bill was moved forward and the bill named Permanent Resident (disqualification) Bill 2004 was passed with the efforts of Mehbooba Mufti and PDP Government which says that the women will lose their legal status as a permanent resident if she marries anyone outside India. Such a bill was also supported by Omar Abdullah and his party.

h) Overview of Government Officials

1. Dr. B.R Ambedkar (Bharat Rattan) From the beginning of this matter of article 370 Dr. B.R. Ambedkar, the father of the Indian constitution was disagreeing in introducing this article in our constitution. "Article 365 is required because we all know those of us who were Ministers during the time of the war-how these mere powers of giving directions turned out to be infructuous when the Punjab Government would not carry out the food policy of the Government of India. The whole

Government can be brought to a standstill by a province not carrying out the directions and the Government of India not having any power to enforce those directions".

2. Views of Sheikh Abdullah "The accession of the State of Jammu and Kashmir to India is not a matter in issue. It has been my firm belief that the future of Jammu and Kashmir lies with India because of the common ideals that we share....it will be my constant endeavor to ensure that the State of Jammu and Kashmir continues to make its contribution to the sovereignty, integrity, and progress of the nation.... the country is passing through a critical period and it is all the more necessary for all of us who cherish the ideals of democracy, secularism and socialism, to strengthen your hands as the leader of the Nation and it is in this spirit that I am offering my whole hearted co-operation"

How Was Article 370 Wiped Off? Article 370 has previously elucidated that it can only be diminished by the President with the concurrence of the State Constituent Assembly of the Jammu and Kashmir. The question is since Independence Jammu and Kashmir are having a whale of a time with Article 370. They would not in any circumstance concede to nullify the effect of Article 370. Then how this Article can be demolished from the Indian Constitution? This stumbling block needs clarification and competence to resolve this issue. The Government by the virtue of Presidential order made amendments in Article 367 of the Constitution. The amendment part was the interpretation clause of Article. Under the interpretation in the clause the articulation "Constituent Assembly" was replaced by "Legislative Assembly". Now the question is how this will help to abrogate the provision that accords Special Status to the Jammu and Kashmir? and another question is that instead of vanishing Article 370 government has molded Article 367? So the explication can be observed by reading the section 92 of the Jammu and Kashmir Constitution. Section 92 elucidate that Governor has all the powers and functions of the state if Governor Rule is operative. So the government proficiently changed the phrase "Constituent Assembly" to Legislative Assembly because the Constituent Assembly will never vote for the depletion of Article 370. And at present Governor rule was proficient. The Government defense was that Governor is accomplished with all the powers including the Legislative Assembly so he can give his consent for ceasing Article and to make it inoperative. The government tricked and did what they cannot do by the shortest route. The governor of the Jammu and Kashmir can vouchsafe the authorization to delete Article 370. Section 92 of the J & K Constitution declares that during the governor rule it is the liability of the governor to pin the announcement before the State Assembly. Governor can make provisional decisions but the final is made by the State Assembly only. After offering all the powers to the Governor of the state government made their move and thrown their ax by deleting Article 370 of the Indian Constitution. This has become the history and the government made this gesture without any debate or discussion and finally pronounced their decision to the nation. Finally, On August 5, 2019, The Indian Government abrogated the Special Status of the Jammu and Kashmir protected under Article 370 and Article 35 A. The other way around to this gesticulation would require the consent of the elected representative of the J & K or the majority votes of the members of Parliament which might have taken another half a century to happen. The never ending provision which was temporary was abolished. It was promised by the Jawaharlal Nehru that this Article is just a temporary provision and it will be deleted over time but it took almost decades to ran into the conclusion. The long lasting promise was finally fulfilled in the dimension of the legal perspective.

• Aftermath of Striking Out Article 370 Overruling the Presidential Orders of 1956, President of India announced the order of eradicating Article 370. The Home Minister introduced and implemented the new bill named "Reorganisation Bill" throughout India. As per this bill, Jammu and Kashmir and Ladakh were fractioned into two UT"s. Both the UT"s will be governed by the unilateral Governments. This decision was passed by the upper house and later was challenged by the lower house of the parliament.

i) Latest Bill: Jammu and Kashmir Reorganisation Bill 2019

This act has been passed after the Presidential Order of deleting Article 370. This bill was passed to divide the Jammu and Kashmir and Ladakh into two separate Union Territories. The region Jammu and Kashmir are always at target whenever there is any insurgency situation between India and Pakistan. This Act will come into effect from the date 31st October 2019. This Act was inaugurated by the Minister of Home Affairs Amit Shah on 5th August 2019. The bill was passed with the help of the majority voting in both the houses of Parliament. In the Rajya Sabha when this bill was presented and ours of voting were in the hands of members of the house, 125members were in the favor. The president of India also gave his prestigious consensus on 9th August 2019 in the favor of passing such a bill. The bill was set in motion through Presidential Order and with the effect of which Article 370 was eradicated from the Indian Constitution. As Article 370 was depleted Union Government passed the Reorganization bill which helped them to pave the way to alter with the boundaries of the Jammu and Kashmir and Ladakh.

Features: As per this Act Jammu and Kashmir will have a legislative Assembly. Ladakh will not have any Legislative assembly and will be governed by lieutenant Governor only.

1. Leh and Kargil will not be the part of Jammu and Kashmir anymore and will be merged with Ladakh territory.

2. All the other districts, villages or states will remain inculcated in Jammu and Kashmir.

3. Allocation of Lok Sabha seats is also decided in this Act which specifies that five seats out six will be allotted to Jammu and Kashmir and one to Ladakh for the representation of Lok Sabha in the house of Parliament.

4. The Election process will be the same as prescribed in the delimitation Act.

5. Legislative Assembly of Jammu and Kashmir will last for 5 years.

6. Article 239a will be enforceable on Jammu and Kashmir as Puducherry.

7. Legislative Assembly seats are also escalated from 107 to 111, 37 of Jammu and 46 of Kashmir and 4 of Ladakh.

8. SC/ST will get a reservation.

9. The High Court of both UTs will be the same.

VII. RESULTS COMPLETELY NEW UNFOLDED OPPORTUNITIES FOR J&K

Total revolution or transformation in the Jammu and Kashmir witnessed after the extermination of Article 370:

1. More Development and investment Earlier: Curtailment inflicted on land transfer due to applicability of Article 370 and Article 35 A. There were obligations which stop industrial growth and setting up large industries. The areas of education, tourism, and health were completely ignored by the government. There was curtailment on educational growth or job facilities. Large industries were banned as they were not allowed to buy or sell land in the state. Present Situation: elimination of such provisions will hike the private and industrial sectors. There will be magnification and prosperity among the state if industrialization enters. Revolutionary change can be seen by increasing trade and commerce, tourism, and educational opportunities. Local farmers can learn new cultivation techniques and women can learn to run small scale businesses at home which will boost up their confidence and enthusiasm.

2. Tourism Earlier: Jammu and Kashmir is the heaven of India and there is the immense number of tourist who wishes to visit this place but the problem is the legal implications on the state due to Article 370 and Article 35A. This dematerializes the capability of the

State to become topmost tourism ventures in the nation. Present Situation: thickening the investment in the tourism of State which will enhance the financial condition and development. Film shootings, adventure sports and job opportunities will shoot up. Village or rural tourism will expand in peaceful circumstances.

3. Health and Education sector Earlier: Lack of educational opportunities degrade the future of youngsters. The limited scope of higher education is becoming a ban for the children studying in the Jammu and Kashmir. All across the nation higher education is at heights and nurturing the future of the youth if due to restricted provisions proficient professors or schools can be provided to the State. The health facilities are slandered in the State and for the major treatments residents move to other states. There is no private hospital in the Kashmir or the adjoining district. Present Situation: PPP model strides the State towards a completely developed State by constructing private schools, colleges, and large private hospitals. This will surge the job opportunities for residents near doorsteps.

4. Basic Rights: Earlier: No RTE or property rights were deliverable to the people of the State. Women were facing discrimination and many children were deprived of education facilities. Right to Education was not the crucial right in the Jammu and Kashmir. Women were no more authorized to property rights if she marries other men outside State. Women were not given any right to fight against domestic violence. Juvenile Justice or Rights were far away forgotten concept in the State. Present situation: Women can reap the benefit of property rights irrespective of the places where they marry. Children can avail themselves of the Right to Education which provides free education to children from the age of 8 to 14 years. Juvenile Justice Act will apply to the residents of the State. All the acts that shield the dignity of the women and innocence of the children will be implemented in the valley as well.

5. Backward Groups: Earlier: Discrimination with the SC/ST classes was common in the Jammu and Kashmir from the long back history. They are not allowed to contest elections and are mistreated by the permanent residents. They are not allowed to do any other job except as sweepers. They were not awarded with the proper promotion rights. Citizenship was not given to the people who were working in the sanitation commission. They were forcefully making them work in the sanitation department. Many backward classes are forced to resides in the forest areas. Present Situation: protection to the rights of ST/SC will be availed. All the Acts that protect the human rights situation and dignity of the backward group residents will be now applicable. In the election, they will get the reservation to contest elections in regional Parliament. Working conditions and better job opportunities will be provided to them. Proper reservation rights will be provided in the field of education and employment.

6. Property Rights: Earlier: Only permanent residents could avail of property or land ownership rights. Due to this reason, there was no hike in the prices of the land in the State as compared to other states. Non-residents cannot claim for any land or property in the valley. Present Situation: land ownership will vary after the abrogation of Article 370. No one will be forced to part their land after this event of deleting the special status of Jammu and Kashmir. but landowners who wish to buy or sell land are free to do so.

7. WPRs Earlier: No citizenship rights, property rights, or democratic rights applied to the refugees from West Pakistan. Present Situation: All such rights like citizenship, property rights, or democratic rights will apply to WPRs.

8. Panchayati Raj Earlier: Panchayats do not have any right to decide or finalise anything without the concurrence or consent of the State Government. There were no elections held for the post of selecting members of panchayat. Present Situation: Indian government reinstated the rights of the Panchayat and 73th and 74th Constitutional amendments will be operative on local bodies of the State. Direct funds will be allocated to the Panchayats that will enhance the development in the whole state including the rural areas or at the lowest level of democracy.

9. Corruption: Earlier: Lack of transparency and accountability in the working of the state government has led to corruption. RTI Act was also not applicable in Jammu and Kashmir and also the investigating authorities like CBI who act as watchdogs cannot invade in the matters of State without the permission of the State authorities. Present Situation: the right to information has acted as the primary object to eradicate corruption from the grass-root level. Now people of Jammu and Kashmir will also be delighted with this fundamental right. Several acts that contribute to liquidate corruption will be operative in the State. Agencies or Investigation teams can invade the state matters of the Jammu and Kashmir which will reduce corruption to some dimension.

10. Modifications or policies: Earlier: Any new redrafting, alteration or revision in the provisions of the laws were not operative in Jammu and Kashmir until State government passes such amendment. Due to these reasons there were many Acts, bills, or legislation that were binding on other states that did not apply to Jammu and Kashmir. Present Situation: all the enactments, bills, policies or amendments will be binding and implementable on the Jammu and Kashmir as other States of the nation. Many laws that will bring growth and development in the state are all applicable and operative. None of the sections of the state will be deprived of any fundamental right, directive principles, or human rights. This new era of equality and diversity will change the dimension and vision of people to look at Jammu and Kashmir as separate Union Territories. There is a new hope of revolution, development, and financial stability. There will be only one official language, one flag, and one constitution. This decision has rubbed off the segment of discrimination, inequality, and separatism in India. All the faith of people for justice and human rights is gained back by such an epic decision. Jammu and Kashmir will be new hubs for education, job opportunities, tourism, industrialization, and employment. It will soon turn into a new world of hope and success for the people of Jammu and Kashmir. The hope is that the fine combination of Muslims (Kashmiris - One Divine Wisdom) and Buddhists (Ladakh from Tibet University - Lhasa) gives us a unique culture and scope of advanced future enhancements to reshape the unstable country's situations in peaceful, enlightened and advanced development under the umbrella of Indian Constitution.

VIII. CONCLUSION

1. This decision was declared in such a short period that it was like flash news for the Nation. The people of Kashmir were in shock. No doubt it is for the development of peace and order in Jammu and Kashmir but the government should have taken such big move slowly and gradually.

They should have educated the locals about their decisions and the disadvantages of Article 370 as it hinders the growth and development of their State. The confidence of the people should be gained first.

The government has imposed the barriers for the Media which was a violation of Article 19 i.e. Right to speech and expression. This has hindered media to represent the true side of the story.

There are many concerns of the locals which should be resolved like high-speed internet facilities which are becoming a hurdle to get healthcare prerequisites and online education from their respective educational institutions.

5. The involvement of the media would have to enlighten the issue in a positive direction when the locals have seen the love and support they would get from outside their state.

6. The Panchayati Raj is the new festival for Jammu and Kashmir but this will only strengthen the democracy at a lower level.

7. Jammu and Kashmir should not be given the status of Union territories instead should be made a single state.

8. Diplomats are only using this issue for their benefits. They belong to the organization which should only think of the nation's betterment and development instead of their revenge or profits.

9. Human Rights Commission has observed many people who being killed, orphans, widows, half widows, and many dead people have no trace of the record just because they were militants. Some compensation or jobs can be awarded to suffering families.

10. Women in both territories should be given proper self-defense training for their protection and safety. Women should empower and liberate in every dimension they want.

11. Young children should educate and acknowledge the latest facilities and technologies.

12. Militants should surrender and think about their own and their families bright and blossom future.

13. The revolution and development phase should be acknowledged by every local of both the territories by vocational training or camp.

14. Political parties should focus on the work they entered for in this organization rather than using citizens for their benefits and personal revenge.

15. Prime Minister Narendra Modi addressed through the show "app ki Baat" to the youth, giving them a message to maintain peace and order to avoid unavoidable circumstances. PM addressed that "All parties are united on Kashmir. They sent a message to the world, to the separatists and reached out to the people of Kashmir." Equating it with the passing of the GST Bill in the assembly, PM Modi said, "It is the view of all of us, of 125 crore people from a Pradhan of a village to the Prime Minister, that if any life is lost in Kashmir, whether of any youth or any security man, that loss is ours". The hope is that the fine combination of Muslims (Kashmiris - One Divine Wisdom) and Buddhists (Ladakh from Tibet University - Lhasa) gives us a unique culture and scope of advanced future enhancements to reshape the unstable country's situations in peaceful, enlightened and advanced development under the umbrella of Indian Constitution.

IX. DISCLAIMER

In this research work title Abrogation of Article 370 of the Indian constitution: An analytical study is based on the available international research work published literature reviews, website articles, website URL, Books, articles and other facts and figures, as a undergraduate student I am nothing modified or change the reference matter or thesis matter in negative or misuses way and end the research with positive conclusion under ethics for the peace and harmony for India and its international relation under our Indian constitution.

BOOKS:

• Robert G. Wirsing, India, Pakistan, and the Kashmir Dispute, Palgrave Macmillan US (1994)

• J. Sri Raman, (12 September 2008), Can Democracy End Kashmir Dispute? Truth out.

NEWSPAPER:

• Baweja H. "Losing Control," India Today, May 31, 1993, p. 25.

• Chandidas R. Quick but Not Accurate Enough, Economic and Political Weekly (1968).

URL WEBSITES:

• Jawed Naqvi, "Musharraf's four-stage Kashmir peace plan: We can make borders irrelevant: India," Dawn, December 06, 2006, https://www.dawn.com/news/222111.