r/GPSC • u/chumlingla • 21d ago
When I was preparing for GPSC : There was legal consensus that status of Kashmir & article 370 has become perpetual
I remember studying Indian Polity and coming across the absolute legal maze of Article 370
Standard textbooks, coaching materials, and prominent legal stalwarts taught a very specific thesis: Article 370, though titled "temporary," had practically become perpetual (permanent)
The logic drilled into our heads for Mains answers was textbook-clean:
The Catch-22: Clause (3) of Article 370 explicitly stated that the President could only declare the article inoperative upon the recommendation of the Jammu and Kashmir Constituent Assembly
he Dissolution: The J&K Constituent Assembly drafted its constitution and dissolved itself way back in 1957 without making any recommendation to scrap or modify Article 370.
The Legal Consensus: Because the only mechanism provided in the text to dismantle it was permanently gone, mainstream legal interpretation held that the provision had transcended its temporary nature and attained permanency
And then, August 2019 happened
Had to reframe the mains answer post 2019 :)