International Human Rights Clinic Yale Law School. Consequently, Article 370 was inserted to the Constitution of India, which provided that the other provisions applicable to the State of Jammu and Kashmir, would be applied only with the concurrence of the State Constituent Assembly. Separatists and their henchmen, who used to dance to the tunes of Pakistan, have been cut to size. Since a State is to be formed into a Union territory, as per the Indian federal structure by Article 1 and Article 2 of the Indian Constitution, the parliament is not given the power to retrogressively downgrade statehood into a less representative form such as a Union territory. Challenges exist on the economic front too, stalling tourism and severely affecting apple cultivation in horticulture, which contributes 8 per cent to the state's gross domestic product. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); (vitag.Init = window.vitag.Init || []).push(function(){viAPItag.display("vi_1872479435")}), 2022 Law Corner (Unit of Capito Legal LLP) | All Rights Reserved. The process of easing restrictions, although has started, yet it is imperative that these restrictions be conducted in a systematic manner, with due emphasis on the allowances or permits that the government provides. More than 5,000 Kashmiri Pandits are working in the Valley under the Prime Ministers Development Package, the report said. 2017. Similarly, now the State of Jammu and Kashmir would have just one National Flag, i.e. Terrorism-related incidents witnessing almost a 50 per cent decline in three years are ample proof of the fact that J&Ks special status had sown the seeds of discord and was responsible for separatism and sedition becoming a part of J-Ks culture, the report said. He is a student of journalism at Benaras Hindu University), About I Support Us I Reading Room I Activities I Join. Yet now, it has become permanent in nature. This move has been strongly criticized by China, and remains a thorny issue between the two countries. Some of them are positive, rest are negative. So after the removal of this article, this state became an integral part of India as the union government of India gained its full control over the state as the provision which gave this state the special status was not in existence. Article 370 present in part xxi of the Constitution of India gave special status to Jammu and Kashmir state because of which this state enjoys special privileges. The Wire. Article 370 can be removed as Clause (3) of Article 370 empowers the president to declare by the public notification that provisions of Article 370 shall cease to exist or may be operated with some exceptions and modifications from the date he may specify. Between the years 1977 to 1989, there was a steady rise of militant groups, a number of unstable governments, increase in arrests and killings of militant youths. Further, it elaborates on the ugly scars of communication blockade and the subsequent human rights violations that have shrouded the valley in a veil of fear. For starters, the procedure used for its implementation, could have been better, wherein an inclusive method like a referendum or a healthy feasible discussion among their leaders, people and constituent assembly be conducted so as to include the people in the process of the conversion of this state into a union territory. 963 (India). Terror attacks would be reduced and peace would be established in the territories of the State of Jammu and Kashmir and Ladakh. Scrapping of Article 370, a temporary provision in the Constitution, has proven to be a major step towards restoring peace and normalcy in the erstwhile princely The constitution strives to strike a delicate balance, between the unitary and federal systems, as said by Yamini Aiyar, chief executive of Delhi- based think tank Centre for Policy Research. Article 370 provides Jammu and Kashmir a special status within India and grants special powers to it. The administration of the Union Territory of Ladakh has issued a controversial statement saying that laws and regulations regarding land which existed in The article provides substantiative evidence in support of the human rights violations that occurred as an aftermath of oppressive acts such as the Public Safety Act (PSA) and Armed Forces Special Protection Act (AFSPA). In the year 1950, The Indian Constitution came into force and Article 1 of the Indian Constitution defined J&K as a State of India and Article 370 provided J&K with the special status. The Pakistani foreign minister Shah Mehmood Qureshi has criticized Pakistan, who has decided to boycott trade with India. Former Pakistani diplomats and experts on Wednesday called for lowering diplomatic ties with India in response to its illegal annexation of Occupied Kashmir and emphasized that Pakistan government should take credible measures to show its seriousness about Kashmir cause. The abrogation of Article 370 meant the end of all 35A protections that were enacted. Sharma, Saurabh. Last year, on the same date, home minister Amit Shah announced the abrogation of Article 370 and 35A in Parliament, dividing the state of Jammu & Kashmir into two Union Territories. The non-citizens carrying out their business in the state were left with only two options, take the land on lease or collaborate with local resident, and this was both an inefficient and costly way of doing the business. Dr Raja Qaiser said that abrogation of Article 370 was a violation of the Indian constitution and it is unlikely to survive a legal challenge in the Indian Supreme Court. The people of Kashmir were forgotten; not given a conscious choice. Since Article 370 was a temporary provision, it would not be unconstitutional to repeal it: It was not an essential feature of the Constitution and not a part of the Basic Structure of the Indian Constitution and hence, it is not beyond amendment, as stated by Soli Sorabjee. Analysts have cited the Srinagar Master Plan 2035 and Special Investment Corridor as foundations of planning the abrogation (Das, 2020). Through the various judgments, the Supreme Court of India has declared that, the basic structure of the Constitution cannot be changed or amended. Sardar Vallabhbhai Patel, Indian Home Minister worked to convince these States to join India and in the meanwhile Maharaja Hari Singh signed a standstill agreement with Pakistan[5] which effectively opted for a status quo. This may create a sense of hatred and spite which inevitably may lead to a clash in the form of terrorism. By making provision for amendment, they never intended to bestow operation of the Constitution with absolute rigidity, but provided facility for flexibility to keep pace with everchanging needs of society and to serve justice. Educational institutions have been shut down and the suspension of internet has left no doors of knowledge open to students which is in direct violation of the fundamental right to education. The rulers and Chief Ministers of all the States agreed that separate constitutions of all the States were not required to be formed and they accepted the Indian Constitution as their own. Ebook THE JOURNAL OF LEGAL PLURALISM AND UNOFFICIAL LAW. There was a local meeting which was held by the State administration in order to oversee the prayer arrangements and ensure that there would be a safe and peaceful enjoyment of the celebration. The communication blockade has left Kashmiris in a complete blackout with no relations with the outside world. It was propounded by this group of people that Article 370 was discriminatory against women, the LGBTQ community and the Dalits as well. Leh which will include Kargil and Ladakh. Introduction: Law Containing Violence: Critical Ethnographies of Occupation and Resistance. The study also focuses on the stemming of dissent in the form of violence due to excessive subjugation of Kashmiris. Report. Ladakh remained a UT under central rule. Kashmiri citizens coped with low employment rates and almost negligible monetary aid. There are multiple influences that Pakistan and India could have within Jammu and Kashmir. Origin And Development of The Tort of Vicarious Liability. CTRL + SPACE for auto-complete. After abrogation, reservation policy will change in Jammu and Kashmir. It was only in certain grave situations such as facing an attack by foreign or local militants has the Indian armed forces responded with a heavy hand. With respect to Pakistan, the country has decided to approach the United Nations Security Council about the Kashmir issue. They are looking towards Prime Minister Narendra Modi to reclaim the part of Kashmir that has been under the illegal occupation of Pakistan for the past 72 years. Former Pakistani diplomats and experts on Wednesday called for lowering diplomatic ties The inhabitants also fear that in the long run the results of any referendum or plebiscite if implemented would vary drastically due to the settlement of outsiders. Now there was scope for rapid development under Central rule. The main resources used are reports and articles that are well researched and substantiated with relevant evidence. Kashmir did become a legal part of India but the territorial differences between Pakistan and India ripped apart Kashmiri citizens and their sense of belongingness. the Tri-colour of India. Pakistans two former High Commissioners to India Ambassador Ashraf Jahangir Qazi and Ambassador Abdul Basit, Former Director General Arms Control and Disarmament Branch of Strategic Plans Division Khalid Banuri, Assistant Professor Quaid-e-Azam University Dr. Raja Qaiser Ahmed and Altaf Hussain Wani, Chairman Kashmir Institute of International Relations spoke on the occasion. Article 370 itself mandates a recommendation of State Constituent Assembly dispersed after framing Constitution of the State of Jammu and Kashmir, but did not make any such recommendation. Through the abrogation of article 370, people would be more willing to open their businesses and companies in the state as there would not be any hassle in the ownership of land, the employees could reside there freely and not face any issues with residence and ownership of houses and property. A bit of reading never hurts. National Conference, a local party in Jammu and Kashmir challenged this Act for the very same reason & moved to the Supreme Court of India. The recent controversy regarding the abrogation of Article 370 of the Constitution which guarantees special status for Jammu and Kashmir has instigated a wide array of emotions among the citizens of the State and the rest of the country. The implementation of the Unlawful Activities Prevention Act in J&K after the abrogation has led to further detention of 255 non-violent protestors (Duschinski, Bhan-2017). Now, all provisions of Article 370 are null and void, except clause (1) of Article 370, as it says that Jammu and Kashmir is the integral part of India. In an interview Shah said: "Congress leaders said in Parliament there will be bloodshed. [vi]Constitution of India. The central government imposed the Armed Forces Special Powers Act which provided the armed forces with unprecedented power to fight against the armed militancy taking place. The Court laid down no limit whatever regards time or content. Indias External Affairs Minister S Jaishankar has reassured and re-affirmed the same. Due to Article 370, India's security challenges from neighbours like Pakistan and China become more complicated. The reasons are plenty. It served to widen the gap between Kashmir and other states. The Indian state has consistently provided J&K with as much as it could in the fields of health, education and basic amenities while constantly dealing with surprise attacks from externally-supported armed militants and gun men. Promise. Human rights activists predict a state of absolute lawlessness by the military due to the centers over-reaching support (Hussain, 2009). Draconian military acts as AFSPA (Armed Forces Special Protection Act) have not only crushed the voices of women but has also made them a victim of sexual assault and violence. Roadways have been blocked in several places across the city to reduce vehicular movements and in some places the pedestrian movement was also bound to restrictions. With the abrogation of Article 370, all these provisions have become defunct and J&K has come under the control of the central governments orders. Furthermore, the region was bifurcated into the Union Territories of J&K and Ladakh. Indias stand here remains, that its an internal matter. In simple words, this Article provided that except for defence, foreign affairs, communication and other matters specified in the accession instrument, the Indian Parliament requires concurrence of the State Government to apply other laws. The citizens of Jammu and Kashmir are caught in a perpetual flux of violation of human rights, charges, arrests, and violent incidents. However, on 5th August 2019, the BJP government abrogated Article 370 and bifurcated J&K into two union territories- Ladakh and J&K. The false narrative created by its media will also be busted. These unrests have been tackled by prohibitions on public gatherings and mass arrests of people termed as miscreants under the draconian PSA. However, there have always been doubts about what some commentators call the authenticity of Indian Federalism. Even though there may be a cause of concern because of the failure of constitutional machinery within the state or states for that matter, such acts to overrule the state governments or the voices of people can only make one go deeper and deeper into the abyss of chaos. Various human rights violations were committed in the means to achieve the passage of this Bill. Similarly, Article 35A was also under scrutiny.2. The valley also ensued a restrictive settlement policy by allowing only Kashmirs permanent residents to own property. We will take a look on them. 1118 (India). The status of Jammu and Kashmir has always been disputed both externally and internally. It was clubbed with eight other states under Part B, Schedule 1 but with the exception that the latter were governed under Article 238 but J&K was put under Article 370 (Sharma-1958). Each intricate situation must be dealt with the most accommodative manner so as to ensure harmonious co-existence. 2. Lastly, Indias hard fought federalism is under attack after the unprecedented Kashmir decision. But this seems to be a modus operandi for the ruling party to denote that politicians in Kashmir are essentially corrupt, which is not necessarily the case. THE SPECIAL POSITION OF JAMMU AND KASHMIR IN THE INDIAN CONSTITUTION. The Indian Journal of Political Science 19, no. We need money to operate the site, and almost all of it comes from our online advertising. 6. The laws like Right to Information, which were not yet accepted by the State of Jammu and Kashmir, would be applicable in the territories of Jammu and Kashmir and Ladakh. We try our level best to avoid any misinformation or abusive content. In July 1949, the maharaja stepped down and his son Karan Singh took his place as the new Maharaja. Since Independence of Pakistan, the relations of India with Pakistan are on stake. There were various loopholes in the passage of this bill. 5 (1994): 401-16. India took the issue to UN Security Council which finalized a ceasefire agreement- known as the Karachi Agreement between India and Pakistan subject to a plebiscite, once troops were withdrawn from both sides. Shah had then said: I would like to assure you the removal of (Articles) 370 and 35 (A) has paved the way for Kashmir's development. On the same day after passing of presidential order 2019, our honorable home minister Mr. Amit shah passed two resolutions in the upper house of parliament with a 2/3 majority. The state framed and mandated its policy and legal framework under Article 370. Later in March 1948, an interim government was appointed in J&K by the Maharaja. Article 370 was considered as the temporary provision when the Constitution was formed. Abrogation of Article 370: Implications and Policy Options for Pakistan. This in turn becomes an existential crisis for Kashmir. It analyses abrogation of article 370 and Kashmiris identity assertion in the context of demand for autonomy, self-rule, shared rule, and sense of belongingness in the Northeast. Lockdowns were gradually lifted and life returned to normal with a degree of caution, The deepening political and economic cries, Pakistan-India Standoff: Lessons and Way Forward. He took this decision after the invasion of Jammu and Kashmir by Pakistan-backed tribals. Post this the demand for a plebiscite was dropped and Sheikh Abdullah resumed being in power as the Chief Minister of J&K with the support of the Congress. Also, the chaos can be caused as emotions of people got hurt due to the curfew was imposed for the security of the Valley. Article 370 gave Jammu and Kashmir, along with Article 35A, special rights and privileges regarding employment with the State Government, acquisition of property within the State, settling in State and right to scholarships and other forms of aid that State Government provides. The government has promised opening of eminent institutions of higher education once Article 370 was done away with but these promises have yet to take shape. "Scrapping of Article 370, a temporary provision in the Constitution, has proven to be a major step towards restoring peace and normalcy in the erstwhile princely state," the report said. Precautions were also being observed in the backdrop of the Ram Mandir Bhoomi Pujan. It highlights the unrest in civil societies caused due to this blanket ban. What was more important, as many say, was the spirit of the status provided by Article 370. 2020. The valley will undergo a series of transitions in the future though the preparedness to accept these remains unquestioned. In 1971, another war (the third war) commenced between India and Pakistan and in the 1972, the Simla Agreement[9] was signed by the warring countries which provided the status of Line of Control to the ceasefire line. Can the opinion and recommendation of an elected body be replaced by recommendation of Governor for such abrogation? In June 1965, the National Conference merged with Indian National Congress. Further, this research article also defines Article 370, and Article 35A as an addition to it. The post J-K moving towards peace after Article 370 abrogation, as terrorism declines in Valley appeared first on HW News English. They have understood that for Islamabad, PoK is nothing more than a colony while for India, J-K is its integral part and New Delhi is providing world-class facilities to the residents of Jammu and Kashmir, the report said. This article states that the legislature of India has control over only three subjects named external affairs, defense, and communications. There is a fear that the abrogation of the act would change the demography state and disempower the Muslims to an extent where they would be reduced to the state of being the second class citizens in their own state as without the article Hindus all over India could migrate to the state and thus change the demographic character. The Valmikis living in J&K had been allowed admission in the valley on the terms of working only as scavengers (Sareen-2020). The Wires article J&K Internet Shutdown Based on Dubious Legal Framework highlights how communication blockades in the valley on grounds of national security has turned out to be a collective punishment which is exploited by authorities. It is a relationship where a Kashmiri politician and Kashmiris are the subjects and New Delhi is the ruler. Investors should be attracted, infrastructure of the state should be strengthened to ease investment and tourism, administration should be reformed and overhauled, education system should be upgraded and improved, efforts should be made to facilitate women's education, and enhance employment. The research also takes in accounts from verified diaries and memoirs of J&K citizens either in detention or under restrictions. Now, every resident of the State of Jammu and Kashmir would enjoy just single citizenship as like in all other States. WebArticle-370, as we all know, accords Special Status to the State of Jammu and Kashmir. Due to external and internal circumstances, Article 370 was forced to place in the Indian Constitution. The abrogation has led to alienation of J&Ks mainstream political parties like PDP that sought votes on the demand of self-rule. Through the abrogation of the said article, the government seeks to improve and build better physical infrastructure such as, housing for those living below the poverty line, availability of water and toilets in every home, provide health care facilities and build institutional infrastructure to solve the continuous paradox of floods and calamities faced in parts of the country. So at that time maharaja, Hari Singh who was a maharaja of this state to protect this state from the aggression of Pakistan asked help from the government of India. [3] http://jklaw.nic.in/treaty_of_amritsar.pdf, [4] http://www.oxfordislamicstudies.com/Public/focus/essay1009_quit_kashmir.html, [5] http://news.bbc.co.uk/2/hi/south_asia/1762146.stm, [6] http://jklaw.nic.in/instrument_of_accession_of_jammu_and_kashmir_state.pdf, [7] http://jklaw.nic.in/pdf/CONSTITUTION%20.pdf, [8] https://mea.gov.in/bilateral-documents.htm?dtl/5993/Tashkent+Declaration, [9] mea.gov.in/in-focus-article.htm?19005/Simla+Agreement+July+2+1972, [10] https://mea.gov.in/in-focus-article.htm?19005/Simla+Agreement+July+2+1972, [11] https://economictimes.indiatimes.com/. 2019. Being a border state, it is also a challenge to deal with external factors. In the year 1975 the Kashmir Accord[10] was signed by the Indian Prime Minister Indira Gandhi and Sheikh Abdullah, which reemphasized the provisions of Article 370 and J&Ks position as an integral part of India. It provides empirical data to back claims and statements. Abrogation of Article 370 Kashika Mahajan BhartiyaVidyapeeth College, B.B.A L.LB . Firstly, this forceful attempt seems to be modus for radicalization. The Government might face the following Legal Challenges over the abrogation of Article 370. Later in January 1949, The UN mediated a ceasefire between the two countries, Indian and Pakistan via the Karachi Agreement which allowed both the countries to retain their control over the territories which were held by them at the time; however, there wasnt any agreement to conduct a referendum. The abrogation of Article 370 was followed by a wave of protests and stone-pelting in the valley, compelling the government to cut down all means of communication. Abrogation of the said Article has always been one of the core issues of the Bharatiya Janata Party and their decision for forceable ever since the party came to power in the recent elections. The governments move on August 5, 2019, helped J-K move towards peace after 30 long years of turmoil in the Himalayan region. About 300 political leaders, such as J&Ks formal chief ministers Mr. Omar Abdullah and Mehbooba Mufti are either detained in a guest house or are under a house arrest. According to the provisions of the act a woman belonging to the state would lose her property rights if she marries a person who is not a permanent resident or citizen of the state. Was Kashmir Being Readied for Demographic Change Even Before Article 370 Was Scrapped? Newslaundry. The question remains as to how the article itself can be used for the removal of itself. 370, cl. Sareen, Pallavi. Article 370 of the Indian Constitution was a temporary provision which granted special autonomous status to the State of Jammu and Kashmir. The political attitude and administration have always tried to curb the proactive participation of women in society. As the Honble Prime Minister had stated, with the opening of top educational institutions such as IIT, AIIMs, IIM etc. Resolving the Kashmir Dispute: Blending Realism with Justice. The Pakistan Development Review 48, no. Article 1 enlists the various states of the Union. History of the Article/Why it was inserted? Hence, if the State Legislature is not present for working, then the Parliament, the President and the Governor may act as State Legislature. While formulation of Constitution for the whole India, all Princely States were invited to send representatives to Indias Constituent Assembly. Copyright 2018 lawaudience.com All Rights Reserved. Copyright 2020 Lawctopus. In The main purpose of the Article was to preserve the identity of J&Ks population and the Article was a temporary provision that was to be removed in due course of time, which never happened until recently. Three nations- India, Pakistan, and China lay claim over its territory resulting in a never-ending series of disturbances and border clashes. This seems to be a very unwelcome welcome that the populace of J&K will be receiving. Srinagar: The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the number of terrorism-related incidents and terrorists has significantly reduced, according to a report. The author of The removal of Article 370 was a part of their election manifesto since 1950. Still the conditions did not change. Zahra, Masrat, and Peerzada Muzamil. Whilst arch enemies China and Pakistan showed signs of solidarity wherein China backed Pakistans proposal to take up this particular issue in the United Nations, Indias ally Russia backed Indias decision. He said New Delhi could ultimately change the demographic character of Jammu and Kashmir in an attempt to alter the fundamental nature of the conflict. Further, this article endorses the implementation of only two articles of the Indian Constitution in the state, subject to the clause that the President can at any time through a public notification declare Article 370 to be non-operative. Abrogation of Article 370 has made Kashmiris entitled to various fundamental rights conferred by the Constitution of India yet these rights are being violated consistently. And this cannot be done, unless State Constituent Assembly recommends to do so. 3 (1958): 282-90. Within India, the valley is torn in a tussle of power between state and central governments. Further, the Constitution provides for 3 sorts of provisions. The State was now to be bifurcated into two union territories under the Jammu and Kashmir (Reorganization) Act, 2019. The governments move on August 5, 2019, helped J-K move towards peace after 30 long years of turmoil in the Himalayan region. The controversy here, with respect to this provision, is that the State Legislatures assent cannot be derived from the Governor, who is the representative of the central government. India having signed the 1993 Vienna Human Rights Conference and Genevas Accord 1994 owes a responsibility here. The Liberals held that the Constitution in turn should be sacrosanct, as a basis for the roots of democracy. The article captures the situation with a myopic view overlooking the need for such actions and the governments stance on these issues. The States which remained undecided were J&K, Hyderabad and Junagadh. Whether Pakistan will be able to garner support is questionable. There are many questions, whether such a crucial change can be carried out when Governor is in place and whether it is violating the spirit of federalism. Apart from this, countless human rights violations have been caused in the process of passing this resolution. Total of Legislative Assembly seats in the State of Jammu and Kashmir were 111 (46 for Kashmir, 37 for Jammu, 4 for Ladakh and 24 for Pakistan Occupied Kashmir). Amendment of Article 370, upto present, was a myth; but it is clear that, it can be dealt with using logistic approach and can be diplomatically modified to reality. The fear of Pakistans interference in this controversial issue with Indias restrained conciliatory approach has left the people in the valley in a situation of dangerous uncertainty. The State of Jammu and Kashmir has to be split into two Union Territories, i.e. In 1960, through an amendment in the Constitution the election commission of India and Supreme Court extended the scope of their jurisdiction by bringing J&K under their jurisdiction. The Centre explains that the revocation will empower women with the right to buy real estate and transfer property even while being married to a non- resident of Jammu and Kashmir (Lalwani, Gayner-2020). Pakistani prime minister Imran Khan has also accused India of conducting Ethnic Cleansing in Kashmir, wherein it mutely watched China send its Muslim citizens in the Xunjiang Autonomous Region to re-education camps to de-Islamize them. This timeline provides a brief insight to the relationship between India, Pakistan and Kashmir, the constant strain in the relationship between them. The main merit resulting from the abrogation of Article was that it will open the market of the state. Alongside this, the Presidential Order says, that the states concurrence has been taken for the approval, as has been stated in Clause 3 of Article 370. Eid Al Adha, one of the core festivals for the people in the state, was celebrated in a sense of lockdown, unknowing and scared. Those are, Temporary, Transitional and Special. The then Hindu ruler, Maharaja Hari Singh preferred to remain sovereign although widespread resistance was already visible against him in the form of Quit Kashmir movement (The Muslim populace was against Hari Singh and wanted him to secede to Pakistan). Earlier people from other states cant permanently settle here and cant purchase any property of this state. No.19716 OF 2019(L). So finally now we can conclude that the removal of Article 370 was justified and a necessary step. The state also has its own Criminal Code known as the Ranbir Penal Code and gender discriminatory property rights (Medha-2019). Externally, Poland, UNSC Presidency has made its stance clear by stating that Delhi and Islamabad should find a solution bilaterally. It was believed by the Conservatives that the essence of democracy was looked at and reframed, that this seemed to be the biggest milestone in the history of the republic since 1947. China has been the occupier of the Aksai Chin area of Ladakh since the 1950s. The Constitutionality of the said Act, the motive behind scrapping of the Act, the pros and cons are constantly in debate. German Institute of Global and Area Studies (GIGA), 2019. Secondly, it is also unclear, that if the Governor has been assigned powers to decide the intricacies of the problems in the state, then it seemingly denotes the supremacy of the central government in the issue. Finally after conducting a study of removal of Article 370 this research article studies the impact of the removal of Article 370. After passing of presidential order of 2019 article 35A became inoperative and with this separate Constitution of Jammu and Kashmir also became inoperative and was finished. The abrogation was proposed in the Jammu & Kashmir Reorganisation Bill, 2019, which passed by both the houses of Parliament and after receiving presidential acceptance it became an Act on August 9, 2019. Another aspect, as to whether this move is constitutionally valid or not, is that the power to amend the Constitution is enshrined in Article 368 of the Constitution, something that cannot be claimed by using Article 370(1) of the Constitution. 3rd year BBA LLB Student, Prestige Institute of Management and Research Department of Law, Indore. The New Humanitarian. 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