ABSTRACT
In this chapter, I look at Kashmir from a constitutional lens and specifically explore why scholarship on Kashmir will gain if constitutional realities of Kashmir are taken into account. The existing constitutional scholarship on Kashmir tends to focus only on Article 370 and then characterise the question as a federal one. The inevitable result of this is that the locus of analysis remains restricted to the Indian legal order. In this chapter, I rely on bargain theory and set theory to first point out that constitutional orders in Kashmir and India are independent of each other and at once interactive, but the latter one does not subsume the former, and second, by ‘eroding’ Article 370, Kashmir’s constitutional space is brought within the sphere of India’s constitutional space leading up to the events of August 5, 2019.
