Article 370, bifurcating Jammu and Kashmir

  • By abrogating Article 370, bifurcating Jammu and Kashmir and downgrading the status of the successor units to Union Territories, the government has used the flexibility of the federal provisions of the Constitution to other ends.
  • This is not the first time that a Central government has used its powers to bifurcate a State in the absence of local consensus.
  • This was also seen with the creation of Telangana in 2014.
  • As in the case of Telangana, the creation of the Union Territory of Ladakh does respond to a long-run demand in this region with a substantial Buddhist population. However, the decision to transform the remainder of J&K State into a Union Territory, at the same time as annulling Article 370, is a departure with profound and as yet unknown consequences in Kashmir, and wider implications for Indian federalism.

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