Abrogation and assertion: The fault lines of the Indian Constitution with regards to Kashmir

Abstract

In this article I look at the responses of Indians to political events in 2019 regarding the abrogation of Article 370 concerning Kashmir in the Constitution of India and the Citizenship Amendment Act (CAA). The critiques of abrogation as well as of the CAA as put forth by the people of India were based on constitutional grounds, decrying them as inconsistent and in conflict with the basic principles and ambit of the Constitution. I juxtapose these responses with a critique of the Constitution and the sovereignty it offers to India through an engagement with Kashmiri Muslims in Delhi. The anti-CAA protests offered Kashmiris an opportunity to extend their solidarity with Indian Muslims as well as comment on the ambivalent nature of Indian secularism as it is pitched against minorities. However, Kashmiris also offered a structural critique and a rejection of the sovereignty of the Indian Constitution: for while it sanctioned equality and freedom for Indian citizens, it is the basis of oppression and occupation of their homeland.