The future of the state of Kashmir: a critical analysis of intersection of constitutional legislation in india and International legal norms

Abstract

This thesis presents a comprehensive analysis of the intricate relationship between Indian constitutional law and international legal norms, with a special focus on the state of Kashmir. It offers an in-depth exploration of Kashmir's constitutional journey within the Indian framework, alongside its interaction with international law, unfolding across four critical chapters. Chapter 1 lays the foundational context, tracing Kashmir's historical journey from a princely state to its contentious position under Indian administration. It scrutinizes the legal framework that has governed Kashmir, highlighting the pivotal role of Article 370 and its eventual abrogation. The chapter also delves into the international legal perspective, providing a bird’s eye view of global legal principles and their relevance to the Kashmir issue. Chapter 2 shifts the focus to the constitutional developments in India and their direct implications for Kashmir. This segment critically analyses the evolution of Indian constitutional law, especially the legal and political consequences stemming from the revocation of Article 370. It also incorporates a comparative legal analysis, drawing parallels with other regions under special constitutional provisions within India. In Chapter 3, the narrative expands to the global stage, bridging Indian constitutional law with international norms. This chapter examines the principle of self-determination under international law and how it applies to Kashmir. It also presents a comparative study of international responses to similar territorial disputes, providing a broader perspective on the Kashmir issue. The concluding part not only encapsulates the legal complexities but also sheds light on the potential pathways towards a just and peaceful resolution of the Kashmir conundrum. In sum, this thesis aims to unravel the legal intricacies of the Kashmir issue, offering a scholarly perspective that navigates through national and international legal terrains. The research is poised to contribute significantly to legal scholarship and policy-making, fostering a deeper understanding of one of the most complex and enduring territorial disputes in the modern world.