Answer:

Introduction:

The recent Supreme Court verdict upholding the abrogation of Article 370 and 35A, which granted special status to Jammu and Kashmir, marks a significant shift in Indian constitutional law and politics. This decision has profound implications for federalism, democratic norms, and constitutional procedures in India.

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Implications on Federalism:

• Shift in Federal Structure: The apex court’s declaration that Article 370 was temporary implies a move towards a more centralized federal structure, potentially diminishing the concept of asymmetric federalism where certain states enjoyed special status.
• Precedent for Other States: This verdict could set a precedent affecting the federal balance in other Indian states, particularly those with special provisions or autonomy aspirations, altering the traditional federal structure.

Impact on Democratic Norms:

• Representation and Consent: The court’s stance that the concurrence of the State government was not required challenges the principle of democratic representation and consent, especially since the decision was made when Jammu and Kashmir was under President’s rule.
• Political Dialogue and Reconciliation: The direction for setting up a truth-and-reconciliation commission to investigate human rights violations indicates an acknowledgment of the need for healing and dialogue in the democratic process.

Constitutional Procedures and Judicial Review:

• Constitutional Amendment Process: The Court’s interpretation of Article 370(3) as allowing the President to unilaterally cease Article 370 raises questions about the robustness of constitutional amendment procedures.
• Role of the Judiciary: The verdict underscores the judiciary’s role in interpreting constitutional provisions and highlights the importance of judicial review in maintaining constitutional sanctity.

Conclusion: 

The Supreme Court’s decision, while legally resolving the status of Article 370, opens up broader debates about the nature of federalism, democratic engagement, and constitutional governance in India. While it paves the way for the full integration of Jammu and Kashmir into India, it also necessitates a reevaluation of how constitutional changes impacting state autonomy and special provisions are approached and implemented. The verdict thus not only impacts Jammu and Kashmir but also sets a significant legal and political precedent with wide-ranging implications for the Indian federal structure and constitutional democracy.

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