CONSTITUTIONAL FEDERALISM AND THE ABROGATION OF ARTICLE 370: A REVIEW OF JUDICIAL REASONING AND CONSTITUTIONAL MORALITY IN INDIA

Omvir Singh; Dr. Neelam Sihag

doi:10.61778/ijmrast.v4i3.251

Authors

Omvir Singh Research Scholar, School of legal studies Department of Law, Om Sterling Global University, Hisar, Haryana -125001 Author
Dr. Neelam Sihag Assoc. Dean, School of Legal Studies, Department of Law, Om sterling global University, Hisar, Haryana-125001 Author

DOI:

https://doi.org/10.61778/ijmrast.v4i3.251

Keywords:

Article 370, Indian federalism, constitutional interpretation, constitutional morality, centre–state relations.

Abstract

This paper looks into what happened with Article 370 which was part of the Constitution of India, and how its removal affects both the Constitution and the Federal Government's relationship to the States. Historically there has been an argument among scholars about what type of arrangements are appropriate to accommodate regional differences (asymmetric) within the overall framework of a comprehensive Constitution (syncretic). The removal of Article 370 from the Constitution of India in 2019 was a game changer in terms of our understanding of how we define and use a Constitution. Issues of consent, boundaries of power under our Constitution, and relationships between the Federal and state governments – all these are now very much open questions that were raised by the abrogation of Article 370.

This research uses a systematic review and doctrinal approach that relies only on secondary sources. In order to assess the interplay between federal design, interpretative methodologies, and normative concepts in relation to the repeal of Article 370, it examines constitutional provisions, Constituent Assembly Debates, seminal court rulings, and freely available legal research. Constitutional ethics, responsibility, and federal justice; judicial reasoning and doctrinal interpretation; and federalism and asymmetric constitutional architecture are the three main points that the article revolves around.

According to the findings, federalism is still a constitutional ideal in India, but in practice, the country is moving toward more centralization. Federal expectations based on consent and negotiated autonomy are not given much doctrinal weight by the judiciary, who instead place a premium on constitutional language and procedural legitimacy. Constitutional morality, according to the study's normative findings, requires more institutional restraint, explanation, and openness in situations requiring massive government reorganization. Article 370's repeal, the study argues, is a constitutionally mixed bag, with far-reaching consequences for future federal disputes and India's changing constitutional character as a whole.