An Ethical Appraisal of Article 370 in light of its Abrogation

Abstract

This paper critically examines the ethical dimensions of Article 370 of the Indian Constitution, which granted special status to Jammu and Kashmir until its abrogation in 2019. While the article has often been discussed through historical and legal lenses, this work foregrounds its ethical stakes—particularly concerning justice, minority autonomy, and constitutional trust in a deeply diverse federal union. Drawing upon liberal multiculturalism, Rawlsian justice as fairness, and Sujit Choudhry’s theory of constitutional trust, the paper frames asymmetrical federalism not as a deviation from equality, but as a morally grounded strategy for pluralistic governance. It evaluates the 2019 revocation through these frameworks, weighing the competing moral claims of equality and national unity against procedural fairness and minority dignity. In doing so, the article argues that constitutional integration, when pursued without consent and consultation, undermines both ethical legitimacy and democratic trust. The post-abrogation developments and their ethical implications are analysed to assess whether uniformity fosters inclusion—or merely imposes conformity.