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Showing posts with the label article 370 abrogation
  The Lex Insight is a dedicated legal knowledge platform focused on explaining law in a clear, structured, and academically sound manner. This website is designed for law students, judicial and competitive exam aspirants, researchers, and readers who want a deeper and more accurate understanding of legal concepts beyond surface-level explanations. The aim is not merely to define the law, but to explore its reasoning, development, and practical implications in a way that is accessible yet intellectually rigorous. The content published here covers a wide range of legal subjects, including constitutional law, criminal law, company law, Muslim law, Hindu law, and other core areas of Indian law. Each article is written with careful attention to statutory provisions, judicial precedents, and doctrinal analysis. Rather than relying on brief summaries or oversimplified notes, the articles on this site engage with legal principles in detail, often tracing their historical background, judic...

Article 370: A Constitutional Coup?

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Introduction  The abrogation of Article 370 of the Constitution of India on 5 August 2019 marked one of the most consequential constitutional developments in Indian history. The decision fundamentally altered the constitutional relationship between the Union of India and the erstwhile State of Jammu and Kashmir. While the Union Government defended the move as a step toward integration and development, critics described it as a constitutional subversion executed through procedural manipulation. The controversy surrounding Article 370 is not merely political. At its core lies a complex constitutional debate involving federalism, constituent power, presidential authority, democratic consent, and constitutional morality. This article examines whether the abrogation of Article 370 can be understood as a legitimate constitutional exercise or whether it amounted to what many have described as a “constitutional coup.” Historical Background of Article 370 Article 370 did not emerge as a tem...