presentation on article 370 and 35a

Kashmir special status explained: What are Articles 370 and 35A?

Indian government abolishes decades-old laws that gave a measure of autonomy to the disputed Muslim-majority region.

India has scrapped a law that grants special status to Indian-administered Kashmir amid an indefinite lockdown and massive troop deployment in the disputed region.

Minister of Home Affairs Amit Shah, a close ally of Prime Minister Narendra Modi , told parliament on Monday that the president had signed a decree abolishing Article 370 of the constitution, stripping the significant autonomy Kashmir had enjoyed for seven decades.

The move is expected to further inflame tensions in the Muslim-majority region  of more than seven million people and infuriate  rival Pakistan.

The government, led by the Hindu nationalist Bharatiya Janata Party ( BJP ), also moved a bill proposing the Jammu and Kashmir state be divided into two “union territories” directly ruled by New Delhi.

The Jammu and Kashmir union territory will include the Hindu-majority Jammu region and will have a legislative assembly.

The Buddhist-majority Ladakh region, which has a considerable population of Shia Muslims, will also be a union territory, but it will not have an assembly.

All phones, internet services and cable networks were cut off on Sunday night and pro-India leaders placed under house arrest following days of soaring tensions.

What is Article 370?

Article 370 was the basis of Jammu and Kashmir’s accession to the Indian union at a time when erstwhile princely states had the choice to join either India or Pakistan after their independence from the British rule in 1947.

The article, which came into effect in 1949, exempts Jammu and Kashmir state from the Indian constitution.

It  allows the Indian-administered region jurisdiction to make its own laws in all matters except finance, defence, foreign affairs and communications.

It established a separate constitution and a separate flag and denied property rights in the region to the outsiders.

That means the residents of the state live under different laws from the rest of the country in matters such as property ownership and citizenship.

What is Article 35A?

Article 35A was introduced through a presidential order in 1954 to continue the old provisions of the territory regulations under Article 370 of the Indian constitution.

The article permits the local legislature in Indian-administered Kashmir to define permanent residents of the region.

It forbids outsiders from permanently settling, buying land, holding local government jobs or winning education scholarships in the region.

The article, referred to as the Permanent Residents Law, also bars female residents of Jammu and Kashmir from property rights in the event that they marry a person from outside the state. The provision also extends to such women’s children.

While Article 35A has remained unchanged, some aspects of Article 370 have been diluted over the decades.

Critics of Article 35A say the provision did not have any parliamentary sanction, and that it discriminates against women.

Why are they being abolished?

The ruling BJP and its right-wing allies have challenged Article 35A which it calls discriminatory, through a series of petitions . 

Last month, a senior BJP leader hinted that the government was planning to form exclusive Hindu settlements in the region.

Prime Minister Modi led his BJP to a landslide win in May on the back of a divisive campaign that ostensibly targeted Muslims, vowing to remoe Article 370 and its 35A provision. 

“This is a straightforward pandering to the Hindu-majority electorate in India,” said Ajai Shukla, a defence analyst in New Delhi. 

“There is a political polarisation here with the ruling party trying to pander to its Hindu vote bank and to anything it sees as anti-Muslim,” he told Al Jazeera. “For the government, it is a step that it had promised and now delivered on.” 

What does this mean?

With Indian-administered Kashmir’s special status repealed, people from the rest of India would have the right to acquire property in Jammu and Kashmir and settle there permanently.

Kashmiris fear the move would lead to a demographic transformation of the region from majority-Muslim to majority-Hindu.

“They [the government] have not just struck down the provision of 370, but they have actually dismantled the fate of Jammu and Kashmir as it existed in the Indian constitution,” said Shukla.

“It now consists of union territories which are centrally governed – Ladakh and Jammu and Kashmir. This is a sort of a radical new provision, which many people are saying will require a constitutional amendment.”

Article 370 of the Indian constitution permits revocation of the law by presidential order. However, such an order must be introduced before the state’s Constituent Assembly.

Since that body was dissolved in 1957, experts have different views on the abrogation of the law, with some believing it needs approval by state lawmakers and others seeing a presidential order as sufficient.

According to Shukla, the order will face both legal and political challenges in the coming days.

“The first legal challenge will come from Kashmir itself. Doing away with Article 370 now opens the door for an open Palestine-type independence struggle within Kashmir,” he said.

“In India as well, there will be mounting legal challenges and political opposition which has many illustrious lawyers. It can be expected that these will be heard by a constitutional bench in the Supreme Court.”

United States Institute of Peace

Home ▶ Publications

India’s Kashmir Conundrum: Before and After the Abrogation of Article 370

By: Sameer P. Lalwani, Ph.D. ;  Gillian Gayner

Publication Type: Special Report

On August 5, 2019, the government of India revoked the constitutional autonomy of its Muslim-majority state of Jammu and Kashmir. This report—based on field interviews, new data collection, and extensive research— focuses on the revitalized insurgency and mass uprising between 2013 and 2019, explains how the Kashmir conflict evolved to a point that contributed to India’s extraordinary political gambit, and lays out both New Delhi’s strategy and the challenges the government faces going forward.

• Since 2013, mass resistance and armed insurgency have returned and grown in India’s Kashmir Valley, partly in response to the government’s failed strategy.
• Resistance has involved mass participation in “quasi-violence” that involves semi-organized pressure by unarmed civilians to provoke, frustrate, and impose costs on the state.
• New data on quasi-violence in the Kashmir Valley reveal substantial growth since 2013, at times even outpacing armed insurgency.
• New Delhi’s strategy fixated on kinetically degrading militant organizations to improve security, which fed local militant recruitment and depressed faith in democratic institutions.
• The government’s dramatic revocation of autonomy provisions for Jammu and Kashmir in 2019 minimized international penalties and preempted significant violent responses. Whether it replicates past political engineering or pursues revolutionary demographic engineering, the state is likely to face a resurgence of violent and quasi-violent resistance.
• U.S. influence is limited, but U.S. policymakers could encourage dialogue with all stakeholders and alert New Delhi to the challenges that Indian choices will pose for cooperation if it is indefinitely bogged down in Kashmir.

About the Report

This report focuses on India’s Muslim-majority state of Jammu and Kashmir in the wake of its revoked autonomy in early August 2019, how the evolving nature of the Kashmir conflict contributed to such a political gambit, and where the situation is headed. Supported by the Asia Center at the United States Institute of Peace, this report is based on extensive research, new data collection, and field interviews in the Kashmir Valley between 2012 and 2017.

About the Authors

Sameer P. Lalwani is a senior fellow and director of the South Asia Program at the Stimson Center, where he researches nuclear deterrence, interstate rivalry, crisis behavior, and counter/insurgency. Gillian Gayner was previously a research associate at the Stimson Center.

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Article 370 and 35A: Origin, Provisions, and the Politics of Contestation

• First Online: 28 November 2020

Cite this chapter

• Aijaz Ashraf Wani 2 ,
• Imran Ahmad Khan 2 &
• Tabzeer Yaseen 3  

364 Accesses

In August 2019, the Indian government revoked the autonomous status of Jammu and Kashmir (J&K), protected by Articles 370 and 35A of the Indian constitution. The special provisions had been in place since October 1947, when its ruler acceded to India through a conditional Instrument of Accession. Although there has been significant media coverage of the abrogation and subsequent military siege in Kashmir, there remains scant awareness regarding the significance of the articles for Kashmiris. This chapter provides a historical account of how the articles came into existence and discusses why they were so highly contested. It allows the reader to appreciate better the implications of the abrogation of J&K’s special provisions and why such political fallout has come in its wake.

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Wani, A.A., Khan, I.A., Yaseen, T. (2021). Article 370 and 35A: Origin, Provisions, and the Politics of Contestation. In: Hussain, S. (eds) Society and Politics of Jammu and Kashmir. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-56481-0_3

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Article 370

• 14 Aug 2019
• 10 min read
• GS Paper - 2
• Indian Constitution
• Centre-State Relations

On 5th August 2019, President of India in the exercise of the powers conferred by Clause (1) of Article 370 of the Constitution had issued the Constitution (Application to Jammu and Kashmir) Order, 2019 . Through this, Government of India has made modifications in Article 370 itself (not revoked it) .

With this, the Government of India has dramatically altered the relationship between the state of Jammu and Kashmir and the Indian Union .

• It was introduced into the draft constitution by N Gopalaswami Ayyangar as Article 306 A.
• The J&K Constituent Assembly was dissolved after it drafted the state's constitution. Clause 3 of the article 370 gives the President of India the power to amend its provisions and scope.
• Article 35A empowers the Jammu & Kashmir legislature to define the permanent residents of the state , and their special rights and privileges.
• It appears in Appendix I of the Constitution.

Key Changes

• The Constitution (Application to Jammu and Kashmir) Order, 2019 has replaced Presidential Order of 1954 .
• This is the first time that a state has been converted into a UT.
• Of the six Lok Sabha seats currently with the state of Jammu and Kashmir, five will remain with the union territory of Jammu and Kashmir, while one will be allotted to Ladakh.
• The UT of Jammu and Kashmir will have an Assembly, like in Delhi and Puducherry.
• Instead of 29, India will now have 28 states. Kashmir will no longer have a Governor, rather a Lieutenant Governor like in Delhi or Puducherry.
• J&K Assembly will have a five-year term, not six , as was the earlier case.
• This is similar to Article 239 A of the Constitution that is applicable to Union Territories of Puducherry and Delhi.
• However, by insertion of Article 239AA and by virtue of the 69th Constitutional Amendment, the Delhi Assembly cannot legislate on matters in entry 18 of the State List, i.e. land .
• In the case of J&K, the Assembly can make laws on land.
• Jammu & Kashmir will no longer have the separate constitution, flag or anthem .
• The citizens of Jammu and Kashmir will not have dual citizenship .
• As the new union territory of Jammu and Kashmir will be subject to the Indian Constitution, its citizens will now have the Fundamental Rights enshrined in the Indian constitution .
• Article 360, which can be used to declare a Financial Emergency, will now also be applicable .
• All laws passed by Parliament will be applicable in Jammu and Kashmir, including the Right to Information Act and the Right to Education Act .
• The Indian Penal Code will replace the Ranbir Penal Code of Jammu and Kashmir.
• Since Presidential Order has extended all provisions of the Constitution to Jammu and Kashmir, including the chapter on Fundamental Rights, the discriminatory provisions under Article 35A will now be unconstitutional .

The Need for Changes

• However, it failed to address the well-being of Kashmiris who have now endured two generations of insurgency and violence .
• It contributed to the gap between Kashmir and the rest of the nation.
• The situation emerging in the western neighbourhood and the possible re-ascendance of the Taliban in Afghanistan call for greater attention and care.
• More so, the emerging geopolitical dynamics in Afghanistan and the resultant United States-Pakistan rapprochement could have potentially led to more heat on the Kashmir situation in the months ahead.
• Presidential order that sought to abrogate of Jammu and Kashmir’s special status, according to Article 370 (3) the President would require the recommendation of the constituent assembly of Jammu and Kashmir to make such a change .
• “Constituent Assembly of Jammu and Kashmir” to mean “legislative Assembly of Jammu and Kashmir”.
• “Government of Jammu and Kashmir” to mean “Governor of Jammu and Kashmir acting on the aid and advice of the council of ministers”.
• This provision is currently under challenge in the Supreme Court on the ground that it added article 35A in the Indian Constitution only through a Presidential Order.
• In the reorganisation of the state, the Presidential order also requires the concurrence of the government of the state. However, since Jammu & Kashmir is currently under Governor’s rule, the Governor’s concurrence is deemed to be the government’s concurrence .
• The maxim of pacta sunt servanda in international law, which governs contracts or treaties between states, asks that promises must be honoured.
• In Santosh Kumar v. State of J&K & ors (2017), the SC said that due to historical reasons, Jammu and Kashmir had a special status .
• In SBI v Zaffar Ullah Nehru (2016), the SC held that Article 370 cannot be repealed without the concurrence of the Constituent Assembly of Jammu and Kashmir .

Possible Consequences

• There is a possibility of widespread protests and violence as a reaction to the dilution of Article 370.
• Terror elements in Pakistan would find Kashmir to be the most fertile ground for breeding terrorism.
• The unrest can affect the democratic progress that has been made so far.
• Out-maneuvering Pakistan: Pakistan used 370 to wage a proxy war, internationalise Kashmir, supporting terrorism, all that is gone now.

Way Forward

• A 10-year strategy for education, employment and employability should be deployed for uplifting Kashmir.
• The Gandhian path of non-violence and peace should be adopted to solve the legitimacy crisis in Kashmir.
• The government can mitigate the challenges emanating out of Action on article 370 by launching a comprehensive outreach programme to all Kashmiris.
• In this context, Atal Bihari Vajpayee's version of Kashmiriyat, Insaniyat, Jamhooriyat (inclusivity culture of Kashmir, humanitarianism and democracy) for Kashmir solution, should become a cornerstone of the forces of reconciliation in the State.

Legal Insights

Hearing on Article 370 Petitions

Article 370 And Article 35A - All You Need To Know

By upasna doshi.

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Welcome to Jammu and Kashmir’s summer capital of Srinagar on the festive occasion of Eid-ul-Azha.”

This is how a report on The Wire reads, as of 19th August 2019.

It sounds surreal, scary and impossible, right? But it's a fact. And that’s what makes this situation all the more chilling. Amid reports of the imposition of section 144 - banning public gatherings altogether, internet bans and discussions on facism, India is battling many evils right now.  Which is why it’s important to distinguish facts from fiction and not make assumptions. As responsible citizens of a secular nation, it’s our duty to form educated opinions. So let’s see the facts on the abrogation of Article 370 and what it means.

What is Article 370?

• Article 370 was drafted in compliance Part XXI (Part 21), which deals with "Temporary, Transitional and Special provisions”
• The state of Jammu & Kashmir received special status according to Article 370 under the Constitution of India, coming into effect in 1949. 
• This meant that all provisions which are applicable to other states do not apply to the state of J&K, until the state legislative assembly passes these provisions separately.
• With the exception of defence, foreign affairs, finance, and communications, Parliament needs permission from the state government to enforce all other laws.
• Citizenship
• Ownership of property
• Fundamental rights
• The Directive Principle of State Policy and Fundamental Duties do not apply to the state of J&K.

Article 370 granted the state of J&K limited autonomy. 

Historically, when India became independent, many princely states merged with India under Instruments of Accession agreements. This meant that the princely states ceded power to the dominion of India when it came to defence, external affairs and communications. This also meant that the inheritors of the princely states as well as the common people willingly chose to be a part of India and decided to abide by the constitution of India.

Not so Kashmir. In the case of J&K, the state negotiated autonomy for itself with Article 370 before signing an Instrument of Accession with the Indian Union. 

It’s also important to remember that as of today, there is a Pakistan occupied Kashmir, China occupied Kashmir and the part that is clearly governed by India. There has been violence in the Indian-administered side - the state of Jammu and Kashmir - for 30 years due to a separatist insurgency against Indian rule. 

What is Article 35A?

Article 35A was added to Article 370 in 1954, issued by then-President Rajendra Prasad. The 2 main provisions it included were:

• No outsider can own a property in J&K. 
• No outsider can get a state job in J&K.

This article allowed the state of Kashmir to decide who qualified as a resident of the state of J&K. It defines that a person can be citizen of Kashmir if

i)He/She was born in Kashmir before 1911. ii)He/She should own land prior to 1946. iii)His/Her father should be Citizen of the state.

These were framed in accordance with Raja Harisingh's definition of State subjects. 

Issues Over Article 370

On 5th August 2019, the Union Home Minister of India, Amit Shah announced the abrogation of Article 370 and Article 35A of the Indian Constitution which granted the state of J&K special status. 

According to the new amendments, the state is divided into two union territories – Jammu & Kashmir (with a legislature) and Ladakh (with no legislature). This is a very significant step when it comes to managing 'things' in the valley and will have grave consequences for future generations as well. 

As always, there is a divided opinion. From the MBA exam point of view, students must understand all sides of the situation. Read on to find out more

So what really happened and what’s the problem?

As August rolled in, some new developments were observed in Kashmir. Thousands of Indian troops were deployed, the annual pilgrimage to Amarnath was cancelled, tourists were asked to leave, schools and colleges were closed, and most of all, telephone and internet services were suspended. 

It was expected that the BJP led government was preparing to cancel section 35A, perhaps in order to change the rules regarding who could own property in the state. But on 9th August, amid such extreme measures, the government shocked everyone, by repealing Article 370 itself, and changing the way India interacts with Kashmir and Kashmiris. 

The BJP led Government argued that this move puts the state of Kashmir on an equal footing with the rest of the country. They also champion the thought of development, and many projects have already been approved.

While all this sounds great, what’s the real deal? Let’s see the repercussions of this action.

Implications of the removal of Article 370

• J&K will no longer enjoy special status and the Indian Constitution laws will be 100 percent applicable to all residents of Jammu & Kashmir.
• Part 4 of the Indian Constitution, the Directive Principle of State Policy and Fundamental Duties will now apply to the state of J&K.
• There will be no separate flag for J&K now.
• Article 360 (Financial Emergency) of the Indian Constitution will now be applicable.
• Minorities (Hindus & Sikhs) will have 16% reservation now. This means, the scholarships which went to Kashmiris exclusively, will now be divided with other minorities too.
• Right to Information & Right to Education will be applicable now.
• The duration of the legislative assembly will now be five years instead of 6.
• Article 35A will be nullified. A woman from J&K can still retain her rights and citizenship even if she marries someone out of the J&K state.
• The Panchayats will enjoy the same powers as in other states.

Let’s check out the pros and cons of this abrogation in an objective way:

• This move will probably open the doors of the state of J&K to new, especially private sector investments and economic development.
• Terrorism could potentially be curbed more easily.
• Tourism will not remain the only industry generating jobs.
• The method of enforcing rules and creating a tense atmosphere in the state of J&K was not appreciated by the locals as well as by the common people all over India.
• The ban on communications, internet and press, have not been received well.
• Locals feel wronged, and feel that this is the BJP led Government’s instrument to undermine the only Muslim majority state that joined the union of India.
• Many fear the Government’s propensity to use force and violence as has been observed in Kashmir itself. This seems like a threat to the democracy that is India. India’s identity as a secular state seems to be in jeopardy.
• Meanwhile, faith in the current government seems to have dropped as well.
• There is also the concern of Kashmir being treated as a development project and therefore the misuse of the natural resources in the state.

On the outset, it seems that the abrogation of Article 370 is a positive move for the state of J&K. But reviewing the facts and the news, show that this move has been made without the consent of the people of Kashmir itself. 

But let’s not get carried away with ideals. Let’s go back to the government’s claims that this move will bring economic development to the state. If such a thing were the end goal that our Government aims towards, it would still call for convincing the people of Kashmir, or their elected representatives, to vote for a complete integration with India.

In fact, this has happened before with the state of Sikkim. The state of Sikkim signed a treaty with India in 1950, which limited the role of India to defence, external affairs and communication, similar to the IOA signed with princely states. It was only in 1975 that Sikkim was fully integrated with India after its assembly passed a resolution to this effect and was ratified by a statewide referendum. That is the democratic way! 

But while the Modi Govt wants to project an image of a flourishing nation and a happy populace, it seems supremely unconcerned with the idea of dissent - an important instrument of a successful democracy. News about a blanket ban on the internet, troops patrolling the streets, breaking up gatherings during Eid, using section 144 to ban protests and gatherings, all of this has painted a frisson of dissatisfaction across various minds. 

Will this move prove to be a boon or a curse for India? You decide.

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Saathwik Rao

Beautiful! Would you publish articles daily?

15 Jan 2020, 11.59 AM

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Good article. Thanks for the effort.

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Article 370 and 35A: Origin, Provisions and the Politics of Contestation

2021, Serena Hussain (ed) Society and Politics of Jammu and Kashmir Palgrave Macmillan (2021)

In August 2019, the Indian government revoked the autonomous status of Jammu and Kashmir (J&K), protected by Articles 370 and 35A of the Indian constitution. The special provisions had been in place since October 1947, when its ruler acceded to India through a conditional Instrument of Accession. Although there has been significant media coverage of the abrogation and subsequent military siege in Kashmir, there remains scant awareness regarding the significance of the articles for Kashmiris. This chapter provides a historical account of how the articles came into existence and discusses why they were so highly contested. It allows the reader to appreciate better the implications of the abrogation of J&K’s special provisions and why such political fallout has come in its wake.

Related Papers

PEOPLE: International Journal of Social Sciences

Amitabh Hoskote

Article 370 of the Indian Constitution stipulates autonomy for the state of Jammu and Kashmir (J&K). Terms of the Article have remained mired in controversy owing its unequal dispensation within the framework of free India. This paper examines Article 370 and the validity of politics attached to it, based on four specific arguments. First, the Genesis of Article 370 spawns inequality in India. Second, its Retention implies festering of contentious issues. Third, its Ramifications forge inequality within J&K. Fourth, how Politics over Article 370 only seek limited leverage from it. These arguments have been examined through an engagement with primary and secondary sources and views analyzed in different traditions. The case universe comprises views across a spectrum of opinion. An interpretivist approach classifies this debate in the larger context of Continuation or Revocation of Article 370, based on the research question whether Article 370 has worked in the manner envisaged, or has aggravated inequality and fuelled growth of conflict in J&K.

International journal of Research and Analytical Reviews

Tariq A Rather

The paper briefly analyses the integration of the state of Jammu and Kashmir with the Indian Union through the Instrument of Accession (1947) under the pretext of Article 370 of the Indian constitution. Article 370 provided a special position to the state of Jammu and Kashmir in the quasi-federal-oriented polity of India as envisaged in its constitutional set up. It explores legal nature and character of the Article 370 within the Indian Constitution, and also highlights the true nature and meaning of autonomy of Jammu and Kashmir within the Indian Union. The author tries to highlight how after seventy four years Indian govt. arbitrarily and unilaterally abrogated Article 370 without the consent of Jammu and Kashmir constituent Assembly/Elected Government. This paper also analyses social, economic and political implications of abrogation of Article 370. It further highlightsthe exploitative nature of Indian government which was once upon a time a defender of democratic values and means.

Race and Class

Centre for Strategic and Contemporary Research

Fahad Nabeel

On 5 August, India abrogated Article 370 from its constitution through presidential order. The erasure of the Article ceased the autonomous status of Indian held Jammu and Kashmir (J&K) and bifurcated the Muslim-majority state into two union territories with Buddhist-majority Ladakh getting detached from J&K. The Indian decision of revoking Article 370 came after days of uncertainty and massive military build-up in the disputed territory. Coupled with massive military build-up, a crackdown was imposed in the state by virtually cutting it off from the rest of the world both physically and virtually. This piece of writing will analyze the violations of fundamental human rights in J&K by the imposition of crackdown through international human rights law.

Dr Serena Hussain

This paper provides a brief overview of the significance of Articles 370 and 35A and why their abrogation is problematic for the future of Jammu and Kashmir. This is followed by examples of accounts in which the experiences of local people from J&K were recorded, in order to understand the ground realities of the abrogation and annexation of the state. It then provides an overview of some of the key changes that have occurred within the state since August 5th 2019. The paper therefore brings the reader up to date on: the implications of the extreme policy move for both the lived experiences of the people within J&K; and rapid amendments taking place at administrative levels.

MOHD MUBARIQ MAHIRE

Govind Bhattacharjee

From time to time, Kashmiri politicians have used Article 370 for unnecessarily stoking up hatred and anger against the Indian state. Mr Omar Abdullah has recently held out the threat of secession if article 370 is abrogated. The article argues that the special category status of Jammu & Kashmir carries much more significance for the state than the much diluted Article 370. Without the special category status, the State can’t survive.

International Journal For Multidisciplinary Research

Subhomoy Barman

The history of Jammu and Kashmir and ladakh which was relegated to the status of two union territories legally and constitutionally, starts a new chapter in 2019. It was accompanied by extraordinary lockdowns, curfew and shutdowns on phone and internet connections,which caused significant anxiety,particularly in the valley. There have been questions regarding whether the Indian governments claim that it can bring peace by heavily militarizing an area that is already heavily militarized or whether it is only increasing centralized control over the area. The former state of Jammu and Kashmir's special status was revoked in 2019, which has a number of effects on its citizens. Following the COVID-19 pandemic,The double lockdown once implemented in the valley,further deteriorated the situation. This paper Addresses the human rights situation in the valley after four years of article 370 annulment.

QUEST JOURNALS

Article 370 has been often a point of discussion regarding the Jammu and Kashmir state. The article is rooted in the unique historical past of the J&K state. The fact remains that Kashmir politics is inseparably tied with article 370. The article encapsulates within itself all the vicissitudes of the historical past of Kashmir especially that of 1947 and the related developments. There is a need to decode the nature of this article and contextualize its emergence within the broader parameters of Kashmir's unique political and historical past. This article is an effort in that direction. The historical tracing of the emergence of this special constitutional provision has been specially focused with a discussion of its contentious nature.

daminee jaiswal

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