Removing it from the constitution is fairly simple that follows the same procedure. Both the houses have to agree on the order and then the President of India has to sign on that order. And that’s how one can remove Article 370.
(Courtesy: NewsHead)
But, of course, it's simple, NOT easy. There exist many political and legal obstacles on the way.
Talking about politics, no party would take the initiative to remove Article 370 because that would affect their vote bank politics. People in Kashmir like this autonomous status. Or, at least, that's how the general perception is in the mainstream. So, any threat to that status would mean the loss of votes for the political parties responsible for that. In addition, the Hindu-Muslim narration, too, comes in play here. If a party opposes Article 370, the hate-mongering, politically-motivated people would give it a communal color. In many parts of the country, it would be treated as an attack on the Muslim community. So, the responsible party would not onlylose votes in J&K but also across the country.
(Courtesy: Kashmir Reader)
This is why you will always see political parties reluctant to discuss Article 370. Because while the extreme right wing demands the removal of autonomous status of Jammu and Kashmir, the parties know that it would prove to be bad for their votes.
Now, coming to the legal complexities…
Article 370 is a part of Indian constitution. BUT it's also a part of Jammu and Kashmir's constitution. So, even if the Indianside scraps that Article, it would stay strong on the other side. Now, the J&K side would then take the matter to the International Court of Justice (ICJ). And since India's stance would look intrusive to capture the piece of land, its measure to remove Article 370 might not get approval from other countries. Plus, the opposition from Pakistan (and China) would further weaken India's stand. Following, even if this case proceeds in ICJ, they could order a memorandum in Kashmir -- ask the Kashmiris whether they want autonomous status or want to come under the Indian constitution. And as mentioned already, people in Kashmir like their Autonomy. So, India would remain non-benefitted.
Plus, through the course of removing Article 370 from the constitution, there could be another insurgency in Kashmir, which would imminently lead to mass casualty in the state. And if we learned anything from the Burhan Wani case, it is not to act hastily and always consider the Hurriyat's demands.
(Courtesy: OneIndia.com)
So, all these attempts to remove Article 370 from the constitution would remain a long and bad move for India. So, WHY TRY it in the first place?!
Yes, socio-economically, it's good for Kashmir to come under Indian Constitution to get the mainstream exposure in the country. But then it's not easy.
To answer your question, YES, it's constitutionally possible to remove Article 370. But that's not enough.





