De-operationalisation of Article 370 faces steep constitutional barriers

The 2019 Presidential Order, under which the special status of the erstwhile State of Jammu & Kashmir was dissolved, purportedly draws its power from Article 370(1)(d). Can this act withstand judicial scrutiny?

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ON August 5, 2019, Article 370 was de-operationalised and the special status of Jammu and Kashmir (J&K) was nullified through a Presidential Order.

But does this Order satisfy the standards set by the Constitution of J&K and the Constitution of India?

Framework of Constitutional law for Jammu and Kashmir

The dominions of India and Pakistan were formed with the passing of The Indian Independence Act in 1947.

According to the British government's declaration dated June 3, 1947 (also known as the Mountbatten Plan), 584 'princely states' under British suzerainty in the Indian subcontinent were given an opportunity to accede to either dominion.

Facing a popular rebellion against his rule, and with the incursion of tribesmen and Pakistani military into J&K, as a last resort, to maintain his kinship over the then-independent 'princely state' of J&K, the then ruler Maharaja Hari Singh signed an Instrument of Accession (the document), on October 10, 1947.