Article 370: The spectre of a Law

Article 370 is like narrow bridge between Kashmir and mainland India. It is a spectral law that continue to haunt the consciousness of both Kashmir and India. A plain reading of Article 370 makes it clear that the relationship of Jammu and Kashmir with the Union of India is governed by this article. The other article that applies to Jammu and Kashmir is Article 1 of the Constitution of India. There remains no scope for doubt on the question of the state being integral part of the territory of India. It should be noted that there have been a number of presidential notifications under this Article since 1950 making other requirements of the Constitution of India applicable to Jammu and Kashmir also without any legal impediment. But the question of abrogation of this Article or of even limiting of its scope is not permitted under proviso Article 370(3) except upon the recommendations of the Constituent Assembly of the State which shall be required to be convened for the purpose. The law has been a site of numerous contestations and it will continue to do so.