article 370 of indian constitution essay

Essay on Article 370 of Indian Constitution

Article 370 of the Indian Constitution provided special rights to the Indian state of Jammu and Kashmir. It gave most of the power to the government of this state. Centre was left with limited power over J&K.

Article 370 has recently been scrapped making it a historic event which is expected to change the face of the state for good. This move has received mixed reactions from political parties and general public though it has largely been appreciated.

Long and Short Essay on Article 370 of Indian Constitution in English

Here are long and short essay on Article 370 of the Indian Constitution of varying lengths to help you with the topic in your exams. These Article 370 essay are written in simple English language to easily convey the information, yet it does so effectively. These Article 370 essays will let you have a deeper understanding of article 370, its removal and repercussions.

After going through the following essays you will know about Article 370 and its provisions; history of Article 370; advantages and disadvantages of Article 370; how was it revoked; what will be the consequences of scrapping Article 370; what bills were passed for its revokal, etc.

Short Essay on Article 370 – (200 Words)

Article 370 that came into effect in the Indian state of Jammu and Kashmir in the year 1949 was supposed to be a temporary provision; however, it continued for decades even though many political leaders and other prominent people in the county demanded its revocation from time to time.

The article exempted J&K from the Indian Constitution. The state attained the right to make its own laws related to any matter except foreign affairs, communications and defence.

The state government thus went on to draft a separate constitution. It also came up with a separate flag. The Fundamental Duties mentioned in the Indian Constitution were not applicable in J&K. It had its own set of rights and duties.

The condition of the state hasn’t been very good ever since the enforcement of Article 370. Life of people in the Kashmir region has especially been miserable. The place is prone to terrorist attacks.

Article 370 has been seen as a hindrance in the development of the state. It is also known to be a cause of growing corruption and terrorism in the state.

As per the constitutional order passed by Indian President Ram Nath Kovind on 5 th August 2019, Article 370 stands ineffective. The decision has been taken to improve the condition of J&K and its citizens.

Essay on Article 370: Enforcement – (300 Words)

Introduction

Article 370 of the Indian Constitution was drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. However, soon after it came to be known as a permanent feature of the Indian Constitution. It has remained in effect in J&K for decades.

The Origin of Article 370 of the Indian Constitution

Article 370 was drafted by Sheikh Abdullah in the year 1947. Abdullah had been appointed as the Prime Minister of Jammu and Kashmir by Pundit Jawahar Lal Nehru and Maharaja Hari Singh of Kashmir.

Abdullah wanted complete autonomy for J&K and demanded that Article 370 must not remain a temporary provision. However, the Centre deemed this demand unreasonable and did not approve of it.

Special Status Given to Jammu and Kashmir

As Article 370 came into being, the Constituent Assembly of Jammu and Kashmir gained special power wherein it got the right to recommend the articles of the constitution that should be enforced on the state. It even got the power to annul Article 370 altogether.

Article 35 A and Article 370 together stated that a different set of laws apply for the residents of the state of J&K. The Indian Parliament could only exercise laws related to finance, defence, communications and foreign affairs in the state.

It required the approval of state government for applying all the other laws. The residents of J&K enjoyed completely different laws when it came to ownership of property, laws related to citizenship and fundamental rights.

As per the laws enforced by the state, the Indian citizens from other parts of the country were denied the right to purchase property in Jammu and Kashmir.

The residents of J&K fear that the scrapping of Article 370 may hamper their local business and thus be a threat to their livelihood. Adapting to the changes that are likely to follow this big decision also seems to be a cause of concern for the residents of J&K. Their concerns are genuine. We hope the condition of the place improves henceforth.

Essay on Article 370: Advantages and Disadvantages – (400 words)

Article 370 of the Indian Constitution that gave special power to the state of Jammu and Kashmir was annulled on 5 th August 2019. The decision taken by the Centre has been appreciated by several political parties, leaders, celebrities and majority of general public. However, many others have criticized it outright. Article 370 had few advantages and several disadvantages.

Advantages of Article 370 of the Indian Constitution

Here is a look at the advantages of Article 370:

1) Article 370 is advantageous for the citizens of J&K. The state gives priority to the interest of its local citizens. There is less competition in the state and greater opportunities for its citizens.

2) J&K boasts of its local handicraft items. The government of this state has kept its culture and local businesses alive. It has always encouraged local businesses over foreign brands.

This is the reason why several local brands are running in the state. This means more work, greater growth opportunities and good income for the locals.

Disadvantages of Article 370 of the Indian Constitution

Here is a look at the disadvantages of Article 370:

1) The state of J&K hasn’t developed as much as the other parts of the country. This is particularly true when we look at the medical facilities here. The condition of the hospitals and healthcare centres in the state are not that good.

2) The law and order in J&K is weak because the centre is not allowed to intervene. This has given rise to terrorism in the state. Terrorism is a major concern here and nothing much is being done to fight it.

3) Corruption in the state is high due to its alienation from the centre. There is no check on the government of J&K. It makes its own laws and works as per its convenience.

4) Article 370 prevented the implementation of Right to Education in the state. This is why students were forced to move to other states.

5) Outsiders cannot establish business in J&K. Professionals and industrialists are not allowed to settle here. This is a major hindrance in the growth and development of the state.

6) This provision is anti- women in nature. It has led to extreme gender bias in the state.

The disadvantages of Article 370 of the Indian Constitution clearly outweigh its advantages. The atmosphere of tension in the state is a clear evidence of the same. Scrapping of Article 370 seems like a ray of hope for the state that has been gripped by terrorism since long. We hope it sees better times ahead.

Long Essay on Article 370 – (500 words)

Article 370 is a temporary provision in the Constitution of India. It provides special autonomous status to the Indian state of Jammu and Kashmir.

The provisions of the Indian Constitution that are applicable to other states of India are not applicable to J&K.

The article was adopted in November 1956 and was enforced in the state in January 1957 by Sheikh Abdullah.

Special Provisions in Jammu and Kashmir as per Article 370

Some special provisions were made in Jammu and Kashmir as Article 370 came into force in the state. These include:

J&K acquired different national flag.
Insulting the national flag and national symbols is considered a crime in India. It is a punishable offence. But this rule did not apply in J&K.
The highest court orders in India did not apply in J&K.
Jammu and Kashmir citizens enjoyed dual citizenship.
Women in Kashmir had to abide by the Sharia law.
The tenure of the Assembly of J&K was 6 years unlike other Indian states in which the Assembly tenure is 5 years.
RTI, RTE and CAG were not applicable in Kashmir.
The J&K citizenship of a woman who married a person from another Indian state ended. On the other hand, if a woman from the state married someone from Pakistan, he acquired J&K citizenship.
If a Pakistani married a Kashmiri girl, he acquired Indian citizenship.
Article 370 did not allow people from other states to purchase property in J&K.
The minority group in Kashmir that consists of Hindus and Sikhs did not get 16% reservation.

Changes after the Revocation of Article 370

Now that Article 370 has been revoked, Jammu and Kashmir will no longer enjoy the autonomous status. All the special powers that came with this article have been annulled. Here are some of the other changes that are being brought about:

All the residents of J&K shall be entitled to single citizenship only.
Article 360 that is enforced during financial emergency is now applicable in J&K.
People from other states shall be able to purchase property in J&K.
Duration of Legislative Assembly has been changed to 5 years.
RTI will be applicable in J&K.
Minorities will be eligible for 16% reservation.
Children will benefit from the Right to Education.
Directive Principle of State Policy shall be applicable.
J&K will not have a separate flag.

The Atmosphere in J&K as Article 370 Revoked

J&K’s prominent leaders, Omar Abdullah, Sajjad Lone and Mehbooba Mufti were under house arrest as the bill for abolition of Article 370 was passed in the Rajya Sabha.

Internet and mobile services in Kashmir’s Srinagar district were suspended and a ban imposed on all public gatherings.

With so many changes underway after the revocation of Article 370, it seems like J&K will finally experience peace and prosperity. This is just the first step towards the betterment of the state.

There are miles to go! Whether the decision taken by Centre is right or wrong is still being debated. We hope it proves to be beneficial for the state as well as the country as a whole.

Long Essay on Article 370: Revocation – (600 words)

Article 370 was enforced by Sheikh Abdullah on 26 th January 1957. The article gave special power to the Indian state of Jammu and Kashmir. This was a temporary provision.

However, it remained in force for decades. Even though many political leaders and other prominent people in the country suggested its revocation from time to time, it remained intact; however, it has finally been annulled.

Indian President, Ram Nath Kovind issued constitutional order to revoke Article 370 and apply all the rules and provisions of the Indian constitution to Jammu and Kashmir. This historic move was made on 5 th August 2019.

Bill to Revoke Provisions of Article 370

Union Home Minister, Amit Shah, moved a resolution in Rajya Sabha to introduce a bill scrapping all the provisions of Article 370. This was approved by President Ram Nath Kovind.

Shah also introduced bills seeking bifurcation of the State into Jammu and Kashmir as a Union Territory with an Assembly and Ladakh as a Union Territory without a legislature.

The opposition benches protested against this resolution; however, the decision has been made. Revoking Article 370 of the Indian Constitution had been a major part of BJP’s agenda. Shah’s announcement was thus received with elation by the BJP leaders.

Mixed Reactions on Revocation of Article 370

While many political parties opposed the decision to scrap Article 370 of the Indian Constitution, several others extended their support to the BJP government.

Parties that Supported the Decision

Among those that showed support to this decision were the Aam Aadmi Party, Bahujan Samaj Party, Shiv Sena, AIADMK, Shiromani Akali Dal, YSR Congress, Telugu Desam Party, Biju Janata Dal, BPF and AGP. All these parties backed the Centre’s decision.

Many of them mentioned that they awaited this move since long and welcome the decision wholeheartedly. They now look forward to peace and development in J&K. The decision of scrapping Article 370 has been termed as bold and courageous.

BSP member, Satish Chandra Misra was among the first ones in the Rajya Sabha to support this move. Mayawati also extended support to the bifurcation of Jammu and Kashmir.

AIADMK mentioned that their leader, Jayalalithaa had always wanted this. Shiv Sena members expressed their joy and support by celebrating outside their party head office.

BJD members said that with this decision, Jammu and Kashmir has become an integral part of the country and they are glad about it.

Parties that Opposed the Decision

The parties those opposed the Centre’s decision to revoke Article 370 include Congress, Trinamool Congress, Nationalist Congress Party, Janata Dal (United), Rashtriya Janta Dal, Left, National Conference, DMK and People’s Democratic Party. All these parties condemned and criticised the resolution.

Congress members mentioned that this was a “catastrophic step” and it should be seen as a “black day” in the constitutional history of our country. It further said that this decision is a publicity stunt by BJP to fetch more votes. Likewise, Left mentioned that it is an attack on the Indian Constitution.

Members of People’s Democratic Party expressed their anger over the decision by shouting slogans and tearing copies of Indian Constitution. National Conference called the decision shocking and unilateral. Trinamool Congress also expressed its objection against the Centre’s decision.

DMK went on to say that this was simply the murder of democracy. It said that BJP is forcing its agenda and that it has no respect for the sentiments of the Jammu and Kashmir residents.

Revocation of Article 370 of the Indian Constitution is indeed a big decision. A major change in J&K is likely underway now. We hope things change for good for this beautiful state which has long struggled for peace and justice. The Centre must make special efforts to resurrect J&K and make it a better and safer place to live.

Related Information:

Essay on Article 35A of Indian Constitution

Speech on Article 370 of Constitution of India

Essay on Article 15 of Indian Constitution

Speech on Constitution of India

Speech on National Constitution Day

Essay on National Constitution Day

Essay on Constitution of India

Essay on Section 377 of Indian Penal Code

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Article 370 Essay

Essay on Article 370

Through this essay on Article 370, one will learn how Article 370 of the Indian Constitution gave special status to Jammu and Kashmir, which is located in the northern part of the Indian subcontinent. This state has been administered by India since 1954.

The Article is drafted in part XXI of the Constitution which is titled as "Temporary, Transitional and Special Provisions". The Article 370 essay in English will give a clear overview of what actually Article 370 is?

A Long Essay on Article 370 in English

The Constituent Assembly of Jammu and Kashmir after being established, has been given the power to recommend which Articles of the Indian Constitution can be applied in the state and also to cancel the 370 altogether. After being advised by the State Constituent Assembly of Jammu and Kashmir, a Presidential order was issued in 1954 that specified the Articles which will be applied to the state. Through this Article 370 essay, one will learn how the Constituent Assembly didn't recommend cancellation of Article 370 before it got dissolved. As a result, the Article was deemed to become a permanent feature of the Indian Constitution.

Different Laws And Rights

The Article 370 in English essay explains how Article 370 was incorporated to keep the residents of Jammu and Kashmir under a Law that is different from the rest of the Country. The different Laws include those relating to citizenship Rights, ownership of property Rights, and different fundamental Rights. Due to these separate Laws, Indians from other states were forbidden to buy any land or property in the state of Jammu and Kashmir.

While the Indian Government was planning out the Constitution of India, they requested the advice of each and every state on the number of constitutions to be incorporated. All the states agreed to have one Constitution in spite of having one for each state except the state assembly of Jammu and Kashmir. The state assembly of Jammu and Kashmir requested that only those Articles of the Constitution will be applied in the state that corresponds to the original instrument to accession and other rules will be incorporated by the state assembly after being formed. But the state assembly got dissolved, and the Article was considered as a permanent feature of the Indian Constitution. This was confirmed by various rulings of India such as the Supreme Court and High Court.

The essay on Article 370 can help one understand the four Provisions of Article 370:

The state was exempted from the complete applicability of the Constitution of India. The state has the power to form its own Constitution.

The power of the central government in this state is limited to three subjects: defense, foreign affairs, and communications.

Some central government’s constitutional power can be extended to the state only with the concurrence of the state government.

The State Government's power to give concurrence is only active until the State Constituent Assembly was convened. After the scheme of powers is dispersed by the State Constituent Assembly, no further extension of powers is possible.

As studied in the Article 370 essay, it is clear that the state of Jammu and Kashmir has a special status and can incorporate its own Constitution, no other states in the Country have these powers.

Impact On Abolition Of Article 370

With the elimination of Article 370 in 2019, people of J&K will no longer have dual citizenship and would be treated similarly to other Indian citizens. Because the citizenship clause is no longer in force, all of the additional benefits and grounds for discrimination associated with the title are effectively gone.

One of the most significant advantages was that non-J&K residents were unable to purchase land within the state. As a result, persons living in J&K have plenty of resources that they haven't put to good use in order to have a safe place to live. Women were the worst victims of this equation, as they lost their land Rights if they married someone from outside the state. Furthermore, neither she nor her children were eligible to inherit the land. A Kashmiri man, on the other hand, was free to marry any lady from any state and preserve his property Rights. A non-resident of J&K was not permitted to vote in state legislature elections or to run for office. Non-J&K residents were unable to enrol in postgraduate professional courses since state universities in Jammu and Kashmir require a Permanent Resident Certificate (PRC). Furthermore, they were not eligible for any government help or scholarships to utilize while working for the government since permanent residence is necessary, which was not attainable at the time but is today.

The state was not automatically rendered subject to any Laws passed by Parliament. As a result, disadvantaged populations in the state, such as SCs and STs, were denied the benefits that the Indian Constitution ordinarily provides. Even within the state, Rights such as the Right to education and the Right to information apply. More than that, the middle did not have the authority to declare a financial emergency within the state, but that is no longer the case; Kashmir now follows the same rules and regulations as the rest of the nation.

Short Essay on Article 370

150 words paragraph on article 370.

In this Article 370 short essay, one will gain some basic knowledge of Article 370. Article 370 was incorporated, especially for the state of Jammu and Kashmir. This Article was formed along with Article 35a. The Article vested some important powers in the hands of the State Constituent Assembly. It restricted the Central Government from interfering with the matters of Jammu and Kashmir. One can gain a lot of knowledge from this essay on Article 370.

Article 370 gave the authority to the State Constituent Assembly to incorporate its own Constitution that will give the state several different Laws. Such separate Laws include citizenship Rights, ownership of land Rights, and many others. People from other states are restricted from buying land in this state.

In this short speech on Article 370 in English, it is clear that the state of Jammu and Kashmir is an important state of India and experiences a special status among all the other states.

The 370 Article essay in English will educate a person on how the instrument of accession affected the state of Jammu and Kashmir. Clause 7 of the Instrument of Accession signed by the Maharaja Hari Singh says that the state of Jammu and Kashmir is not compelled to accept any future Articles of the Constitution of India. The state assembly has the power to incorporate its own Constitution. The state assembly will also decide how much power should be vested in the hands of the Central Government. The state of Jammu and Kashmir was experiencing a special status because of the conflict that was prevailing on the land.The Article 370 paragraph in English explains the special status of the Jammu and Kashmir experiences.

FAQs on Article 370 Essay

1. What powers are vested by Article 370?

From the knowledge we have gained from the Article 370 essay, it is clear that the State Constituent Assembly has the power to make its own rules for the state without getting interfered with by the Central Government. The state government has the power to make separate laws in terms of citizenship, ownership of land, etc.

2. In what subjects the Central Government has power over Jammu and Kashmir?

The central Government has power on a total of three subjects that are defense, foreign affairs and communication according to an essay on Article 370. In spite of these three subjects, the central government is restricted to interfere because of the special status of the state of Jammu and Kashmir. If the state government extents some powers then the centre can interfere.

3. What is the background of Article 370?

When India was about to gain independence and the British were departing, they gave all of India's rulers the Right to reside anywhere they wanted. Internally, this resulted in the development of hundreds of provinces. Sardar Vallabh Bhai Patel's efforts resulted in all of those regions agreeing to merge to establish a country. However, one province, Jammu & Kashmir, governed by the then-king Hari Singh, was unwilling to join the union. They didn't want to be combined, and they wanted to keep their identity as a separate province. In October 1947, Pakistan attempted to capture Kashmir by invading it with its army. Hari Singh requested India's assistance in combating the Pakistani troops. India assisted on the condition that Kashmir joins India. Under Article 370 of the Indian constitution, India promised to provide it with special status.

4. What are the benefits and drawbacks of Article 370?

People in Jammu and Kashmir held dual citizenship, meaning they were citizens of both Jammu and Kashmir and India. They had a different flag than we had. In J & K, elections were held every six years. In J&K, criticising the Indian flag was not a crime. The Supreme Court of India's regulations were not applicable to J&K. A Kashmiri girl loses her Kashmiri citizenship if she marries a guy from outside the state. And if she married a Pakistani, he was automatically granted citizenship in J&K. The Right to Information Act did not apply to J&K. In J&K, there were no reservations for minorities. Outside of J&K, no one could acquire land there. J&K was exempt from financial emergencies. Kashmir has never had an issue with overcrowding or overpopulation since no one from outside the state may enter and reside there. Because employment possibilities were few in J&K, many young people turned to terrorism. There was a low GDP and a high level of corruption. China had acquired 10% of Kashmir after independence, whereas Pakistan had grabbed 30% of Kashmir. Only 60% of Kashmir is still in India's possession. Article 370 was enacted as a temporary measure, which allowed India to repeal it and eventually unite J&K with the rest of the states.

5. What is the end result of Article 370?

Article 370's revocation will have a favourable influence. It has the potential to help both the people of J&K and the rest of India. People in J&K will suddenly have a plethora of job options. A number of business opportunities will arise. Girls from J&K can now marry anyone in India. Their gross domestic product will rise. People from other states can now invest in J&K. They can establish manufacturing units, resulting in more work prospects for individuals in J&K. Foreign investors were also looking forward to the repeal of Article 370, therefore we should see an increase in FDI in J&K. Let us all wish for a strong, united, and prosperous India.

SC Verdict on Article 370: Background, Impacts, Criticism

From Current Affairs Notes for UPSC » Editorials & In-depths » This topic

This topic of “SC Verdict on Article 370 : Background, Impacts, Criticism” is important from the perspective of the UPSC IAS Examination , which falls under General Studies Portion.

Introduction

The Supreme Court of India delivered a landmark judgment on December 11, 2023 upholding the constitutional validity of the abrogation of Article 370 of the Indian Constitution. This provision had granted special autonomous status to the state of Jammu and Kashmir.

In a unanimous verdict by a five-judge Constitution bench, the apex court ruled that the Presidential Orders of August 5, 2019 issued by the Central government were constitutionally valid. The judgment is seen as a major victory for the ruling Bharatiya Janata Party (BJP), which had promised to scrap Article 370 in its 2019 election manifesto.

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Background of Article 370

Article 370 was incorporated in the Indian Constitution in 1949 to grant special autonomous status to Jammu and Kashmir
It restricted the Central government’s legislative powers over the state and allowed it to have a separate Constitution
The article was considered a temporary provision, added to accommodate the special circumstances prevailing in J&K at the time of India’s independence
Over the years, there were demands from various political parties and groups to fully integrate J&K with India by repealing Article 370

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Abrogation of Article 370

On August 5, 2019, the Central government issued a Presidential Order superseding the previous Order of 1954
A Statutory Resolution recommending abrogation of Article 370 was passed by both houses of Parliament
Another Presidential Order was issued declaring all clauses of Article 370 except clause 1 to be inoperative
This effectively revoked the special status granted to Jammu and Kashmir under the Constitution
Presidential Order CO 272 modified Article 367 to change the definition of ‘Constituent Assembly’
The state was under President’s Rule at the time, so powers of J&K Assembly were vested in Parliament
Rajya Sabha passed resolution under Article 370(3) recommending abrogation
Presidential Order CO 273 gave effect to this resolution, rendering Article 370 inoperative

Arguments of Petitioners

The petitioners challenging the abrogation of Article 370 raised several key arguments:

Article 370 could only be amended or repealed by the Constituent Assembly of J&K
Centre usurped these powers by modifying Article 367 to redefine the Constituent Assembly
Concurrence of J&K government was necessary to amend Article 370
This was not obtained since J&K was under President’s Rule at the time
The Presidential Orders were arbitrary, lacked reasoned decision making
Did not consider the will of the people of J&K
Unilateral application of entire Constitution to J&K went against spirit of federalism
Disrespected J&K’s autonomy guaranteed under Article 370
Abrogation altered basic federal structure of the Constitution which is part of basic structure
Power of Parliament to amend Constitution does not extend to basic structure

The Supreme Court bench examined the issues raised by the petitioners but upheld the abrogation of Article 370. Some key aspects of the verdict:

Reiterated that Article 370 was only a temporary provision
Ceased to be operative as Constituent Assembly had dissolved
President had powers under Article 370(3) to declare Article 370 inoperative
Dissolution of Constituent Assembly did not affect this
Concurrence of state government was not necessary during President’s Rule
Parliament was competent to exercise powers of state legislature
Presidential Orders were not arbitrary, but based on relevant considerations
Will of the people was not relevant to determine constitutional validity
Unilateral application of Indian Constitution did not impinge on federalism
J&K did not have absolute sovereignty after accession to India
Abrogation did not alter basic structure or violate any fundamental rights
Decision was taken constitutionally, so no violation of rule of law

The abrogation of Article 370 and bifurcation of Jammu and Kashmir has had wide-ranging impacts on various aspects:

Mainstream political parties like National Conference and PDP sidelined
Space for dissent and opposition politics greatly reduced
Undermines India’s federal structure by excess centralization of power
Outsiders can now buy land and property in J&K leading to demographic changes
Raises fears about impact on local culture, language and way of life
Expected boost to tourism, infrastructure building in J&K
Increased private investment due to reduced bureaucracy
Tensions with Pakistan heightened after revocation of special status
Clampdown by security forces led to human rights violations
Alienated local population, fueling further unrest

Criticism of Verdict

While the Supreme Court upheld the abrogation, the verdict has come under criticism on several grounds:

Failed to address fact that only Constituent Assembly could repeal Article 370
Allows executive to bypass constitutional procedures
Does not examine excesses committed during security crackdown
Leaves people with no recourse for rights violations
Disregards spirit of federalism and principles of shared sovereignty
Sets dangerous precedent for unilateral changes by Centre
Does not consider why J&K acceded to India with special status
Fails to respect this solemn constitutional commitment
The decision could hamper prospects for lasting peace in Kashmir
May increase sense of alienation among local population

Way Forward

While the Supreme Court has settled the constitutional debate on Article 370 for now, the way forward on resolving the Kashmir issue involves:

Holding Assembly elections in J&K at the earliest
Restoring full statehood for J&K
Addressing human rights violations through impartial probes
Creating political reconciliation through dialogue
Respecting the unique cultural identity of Kashmir
Pursuing peace talks including Kashmiri voices
Undertaking confidence building measures with Pakistan

The Supreme Court verdict on Article 370 marks the culmination of a long legal battle over the status of Jammu and Kashmir within the Indian Union. While the judgment has upheld the constitutional validity of the government’s decision, it remains to be seen whether it brings lasting peace and prosperity to the troubled region. Meaningful political reconciliation through fair democratic processes still remains key to resolving the complex Kashmir issue.

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Article 370: A Constitutional History of Jammu and Kashmir

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Introduction

Published: July 2011
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Article 370 of the Constitution of India relating to the State of Jammu and Kashmir is now over sixty years old. The Constitution came into force on 26 January 1950 and with it, this unique provision. All other provisions were debated in the Constituent Assembly of India after deliberations in its Drafting Committee and, sometimes, in discussions in the Congress Parliamentary Party. This chapter notes that the redrafting of Article 370 and a review of the Constitution of Jammu and Kashmir are necessary. It holds that amendments must be based on agreement between all the major parties in Jammu and Kashmir. Given the political will, sincerity of purpose, and a spirit of compromise, it is not difficult to retrieve from the wreckage of Article 370 a constitutional settlement which satisfies the aspirations of the people of Jammu and Kashmir.

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Home > Journal > Article 370 of the Constitution: A Timeline

Article 370 of the Constitution: A Timeline

Advay Vora | 31st Jul 2023

SCO tracks the evolution of Article 370 from 1947.

Maharaja Hari Singh Signs the Instrument of Accession

On October 26th, 1947, Maharaja Hari Singh, the last ruler of Jammu and Kashmir, signed the Instrument of Accession acceding to the Dominion of India. The Maharaja agreed to allow the Parliament to govern three subjects and limited the Union’s powers to Foreign Affairs, Defence and Communications.

article 370 of indian constitution essay

Constitution of India Comes Into Force | January 26

On January 26th, 1950, the Constitution of India came into force. Article 370 set three broad frameworks. Broadly, Article 370 stipulated India would not make laws in Jammu & Kashmir outside the scope set out by the Instrument of Accession, without the ‘concurrence’ of its government. Further, it stated that except Article 1 , which declared India as a ‘Union of States’, and Article 370 itself, no part of the Constitution would apply to Jammu & Kashmir. The President of India could make any provisions of the Constitution to apply to this State with ‘modifications’ or ‘exceptions’, but required only in ‘consultation with the Government of the State’. Thirdly, Article 370 itself could not be amended or repealed—unless the Constituent Assembly of Jammu & Kashmir consented to it.

The President Issues First Constitutional Order Under Article 370 | January 26

Subsequently, the President of India Rajendra Prasad issued his first order, the Constitution (Application to Jammu and Kashmir) Order, 1950 , under Article 370 , which specified the scope and full extent of the powers that the Parliament would exercise in Jammu and Kashmir. The Instrument of Accession had agreed that the Union would govern external affairs, communications and defence of the State. The President’s order listed the exact subjects that would fall within these categories. The Order also introduced Schedule II which listed the modified provisions of the Constitution that would apply to the State.

Constituent Assembly of Jammu and Kashmir is Formed

On October 31st, 1951, 75 members of the Jammu and Kashmir Constituent Assembly gathered for the first time on an autumn day in Srinagar. They belonged to the National Conference Party led by then Prime Minister of Jammu and Kashmir, Sheikh Abdullah. Their goal was to draft a Constitution for Jammu and Kashmir.

The Delhi Agreement is Formed

The Delhi Agreement, 1952, was between the Government of India and the Government of Jammu and Kashmir. The agreement concerned residuary powers ( Article 248 ) exercised by the Parliament that fell outside of the scope of the State or Concurrent Lists. The Delhi Agreement stated that such powers would be vested in the hands of the Government of Jammu and Kashmir. Typically, the Union parliament exercises all residuary powers in other states. The Delhi Agreement also extended some provisions of the Indian Constitution to the state, namely, fundamental rights, citizenship, trade and commerce, Union elections, and legislative powers. Prime Minister Sheikh Abdullah in the Constituent Assembly stated— ‘The Residuary powers vested in the Centre in respect of all States other than Jammu and Kashmir, in the case of our State, they are vested in the State itself. This position is compatible with Article 370 of the Indian Constitution and the Instrument of Accession on which the Article is based. We have always held that the ultimate source of sovereignty resides in the people. It is, therefore, from the people that all powers can flow’. Click below to read the Constituent Assembly Debates of Jammu and Kashmir.

President issues the Constitutional Order of 1954, Implements Delhi Agreement

On May 14th, 1954, President Rajendra Prasad issued the Presidential order to implement the terms agreed to in the Delhi agreement of 1952 of the Indian Constitution. The presidential order guaranteed territorial integrity to Jammu and Kashmir and introduced Article 35A which conferred special rights to permanent citizens of Jammu and Kashmir. This order was passed with the concurrence of the Constituent Assembly of Jammu and Kashmir.

Constitution of Jammu and Kashmir Comes Into Force

After a five year process, on January 26th, 1957, the Constitution of Jammu and Kashmir came into force with a declaration— ‘The State of Jammu and Kashmir is and shall be an integral part of the Union of India’. The day before that, on January 25th, 1957, having completed the task they were formed for, the Constituent Assembly of Jammu and Kashmir dissolved at 12:00 P.M. noon. The President of the Constituent Assembly, Hon’ble Gulam Mohammed Sadiq announced— ‘Today this historic session ends and with this the Constituent Assembly is dissolved’. The Constituent Assembly made no express recommendation to dilute Article 370. Click below to read the Constituent Assembly Debates of Jammu and Kashmir.

SC Holds that All Presidential Orders are Subject to the Approval of the Constituent Assembly

In Prem Nath Kaul v Union of India , the Supreme Court highlighted the significance of the ‘final decision of the Constituent Assembly’ of Jammu and Kashmir under Article 370(3). This provision mandates that a declaration by the President is subject to approval by the Constituent Assembly. The case involved the constitutionality of the Big Landed Estates Abolition Act, 1950, which was challenged by the petitioners on the grounds that the Maharaja of Jammu and Kashmir, who enacted the Act, lacked legislative powers to do so. The Supreme Court upheld the Act, ruling that the Maharaja indeed possessed legislative powers to pass it.

SC holds that President Has Wide Powers to Amend Constitutional Provisions in Jammu and Kashmir

In Puranlal Lakhanpal v The President of India , a Presidential Order allowed Jammu and Kashmir to be represented in the Lok Sabha only through indirect elections, while other states had direct elections. The Order modified the application of Article 81 which pertains to the composition of the Lok Sabha to exclude Jammu and Kashmir. Petitioners challenged the Order contending that the President can only make ‘minor’ modifications to constitutional provisions. The Supreme Court upheld the Presidential Order, stating that the word ‘modification’ in Article 370 should be interpreted broadly to include even an amendment. The Court ruled that the term ‘modification’ should be given the ‘widest possible amplitude’ within the context of Article 370.

SC Holds that Article 370 is a Permanent Feature of the Constitution

In the case of Sampat Prakash v State of Jammu & Kashmir , the Supreme Court dealt with the constitutional validity of two Presidential Orders extending the application of Article 35(c) in Jammu & Kashmir. Article 35(c) was a special provision which provided immunity to preventive detention laws from fundamental rights claims in the state. The petitioners argued that Article 370 ceased to exist after the dissolution of the Constituent Assembly, and therefore, the President was no longer empowered to make orders under Article 370(1). The Supreme Court held that Article 370 would continue to exist even after the Assembly’s dissolution. This verdict implied that Article 370 had achieved permanent status in the Constitution, despite the absence of the Constituent Assembly.

SC Holds that the President Can Amend Interpretation of Certain Words Through Article 370

In the case of Maqbool Damnoo v State of Jammu & Kashmir , the President issued an Order to modify Article 367 , the interpretation clause of the Constitution, to change the meaning of ‘Sadar-i-Riyasat’ to ‘Governor’. The petitioners challenged this Order, arguing that it lacked the ‘recommendation’ of the Constituent Assembly, which had already dissolved. The Supreme Court upheld the validity of the Presidential Orders. The Court viewed the Amendment as a mere clarification since the office of the ‘Sadar-i-Riyasat’ no longer existed. According to the Court, the Governor had succeeded the ‘Sadar-i-Riyasat’ and was entitled to exercise all the powers previously vested in that office.

SC Holds: Article 370 will Cease to Operate Only After the Recommendation of the Constituent Assembly

In State Bank of India v Santosh Gupta , the Supreme Court addressed a challenge against the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 , a Union government legislation. The petitioners contended that this Act clashed with the Jammu and Kashmir Transfer of Property Act, 1920 — legislation specific to Jammu and Kashmir. The Supreme Court upheld the Union’s legislation. During the hearings, the Supreme Court observed that there was no definitive timeline mentioned for the operation of Article 370. The provision would continue to be in effect until a recommendation from the Constituent Assembly was made for its cessation. This judgement further bolstered the idea that the consent or concurrence of the Constituent Assembly of Jammu and Kashmir was crucial to repeal Article 370.

Governor’s Rule in Jammu and Kashmir | June 20

The imposition of the Governor’s rule in Jammu and Kashmir occurred as a result of a political breakdown when the Bharatiya Janata Party (BJP) withdrew its support from the People’s Democratic Party (PDP). Under Article 92 of the Constitution of Jammu and Kashmir, the Governor’s rule cannot be extended beyond six months. Consequently, the Governor’s rule came to an end on December 19th, 2018.

Jammu and Kashmir under Presidents Rule | December 19

On December 19th, 2018, President Ram Nath Kovind issued a proclamation imposing President’s Rule in Jammu and Kashmir under Article 356 of the Constitution of India. This came at the heels of the Governor’s Rule imposed in June 2018. This proclamation was approved by both houses of the parliament in December 2018 and January 2019. The proclamation replaced the Legislative Assembly and Governor with the Union Parliament and the President.

Presidents Rule Extended by 6 Months | June 12

The President’s Rule over Jammu and Kashmir was expected to expire on July 2nd, 2019. The Union Cabinet extended this by six months, starting from July 3rd 2019. The decision to extend the President’s Rule was based on a report prepared by the Governor of Jammu and Kashmir, stating that the ‘prevailing situation in Jammu and Kashmir’ requires further continuation of the rule.

President Issues an Order Amending the Meaning of ‘Constituent Assembly’ | August 5

In a move resembling Maqbool Damnoo, President Ramnath Kovind issued an Order (C.O. 272) amending the interpretation of ‘Constituent Assembly’ under Article 370(3) to ‘Legislative Assembly’ by amending Article 367—the interpretation clause. Specifically, this meant that any presidential order would be subject to the approval of the ‘legislative assembly’. As Jammu and Kashmir was under President’s Rule, the need for the consent of the ‘legislative assembly’ was satisfied by the Parliament. Notably, the Constituent Assembly had been dissolved for over 60 years, and there was no functioning ‘legislative assembly’ due to the imposition of the Governor’s rule (June 2018) and subsequent President’s rule (December 2019). The Presidential order was issued a month after the President’s rule was extended for six more months (July 2019).

The Rajya Sabha passed a statutory resolution which recommended the abrogation of Article 370, and the Jammu and Kashmir Reorganisation Act, 2019 .

Abrogation of Article 370 | August 6

The Lok Sabha passed the statutory resolution and the Reorganisation Act which was approved in the Rajya Sabha on the previous day. President Ramnath Kovind issued a subsequent Order (C.O. 273) rendering Article 370 redundant, thereby removing the special status granted to Jammu and Kashmir. The Order resulted in all provisions of Article 370 ceasing to operate, except clause 1. Clause 1 of Article 370 states that the Constitution of India will operate in the State of Jammu and Kashmir.

Jammu and Kashmir is Bifurcated into Two Union Territories | August 9

The Union Parliament passed the Jammu and Kashmir Reorganisation Act, 2019, which split the state of Jammu and Kashmir into two Union territories—Jammu and Kashmir, and Ladakh. It was decided that the Union Territory of Jammu and Kashmir would have a legislative assembly, meanwhile, Ladakh will not. Union Home Minister Amit Shah stated that the reorganisation will boost tourism, development, and industries in the Union territory.

Constitutionality of the Presidential Order is Referred to a 5-Judge Bench | August 28

A 3-Judge Bench led by former Chief Justice Ranjan Gogoi , along with former Chief Justice S.A. Bobde and Justice Abdul Nazeer , commenced hearing arguments on the Constitutionality of the Order. Following two days of arguments, the Bench deemed it essential to refer the matter to a Constitution Bench for further consideration. Click below to see a copy of the reference order.

Supreme Court Refuses to Refer the Matter to a Larger Constitution Bench

In Shah Faesal v Union of India , a 5-Judge Bench led by former Chief Justice N.V. Ramana , with Justices S.K. Kaul , R. Subhash Reddy , B.R. Gavai and Surya Kant refused to refer the case to a larger bench. The petitioners stated that there exists a conflict between the rulings in Prem Nath Kaul, Sampat Prakash and Maqbool Damnoo . They argued that Prem Nath Kaul established the requirement for the Constituent Assembly’s approval before the President could exercise his powers, and once the Constituent Assembly dissolved, so did the President’s powers. The subsequent decisions in Sampat Prakash and Maqbool Damnoo directly contradicted the Prem Nath judgement by upholding the validity of Presidential orders even after the Constituent Assembly had dissolved. The petitioners argued that the direct conflict between the rulings called for a reference to a larger Constitution bench. The Bench rejected these arguments, asserting that there was a fundamental difference in the circumstances of Prem Nath and Sampat Prakash . The Supreme Court emphasised that Prem Nath Kaul did not address the question of the continued relevance of Article 370 after the dissolution of the Constituent Assembly, which makes it distinguishable from the subsequent cases. Read SCO’s judgement summary below .

Article 370 is Listed Before a New 5-Judge Bench | July 3

On July 3rd, 2023, the Supreme Court assigned the Challenge to the Abrogation of Article 370 to a new Constitution Bench, headed by Chief Justice D.Y. Chandrachud , along with Justices S.K. Kaul, Sanjiv Khanna , B.R. Gavai, and Surya Kant. They are also the five senior-most judges of the Supreme Court. The single-page notification indicated that the new Constitution Bench will take up the matter for further directions on July 11th, 2023. The new Bench saw the replacement of former Chief Justice N.V. Ramana and Justice Subhas Reddy with Chief Justice Chandrachud and Justice Sanjiv Khanna. Click below to see a copy of the listing notice.

Constitution Bench to Start Hearing the Challenge from August 2nd 2023 | July 11

Lawyers representing the petitioners and the Union government gathered inside Courtroom 1, the CJI’s Court, at 10:30 AM to discuss the roadmap of the challenge. The Bench led by the CJI stated that the hearings will commence on August 2nd, 2023, almost four years after the Presidential Order which stripped Jammu and Kashmir of its special status. The case saw a new cause title— ‘In re: Article 370 of the Constitution’ , as the lead petitioner withdrew the case . The Supreme Court will hear 22 petitions challenging the Abrogation of Article 370. Click below to see a copy of the Order.

Constitution Bench Reserves Judgement | 5 September

On 5 September 2023, the Constitution Bench reserved judgement after 16 days and 60+ hours of hearings. Senior Advocate Kapil Sibal argued for the longest time for 14 hours, followed by Solicitor General Tushar Mehta who argued for 11 hours. Only three of the advocates on either side were from Kashmir. Key issues discussed included Kashmir’s internal sovereignty, the scope of the powers of the President during the President’s Rule, and the legitimacy of the Constituent Assembly of Jammu and Kashmir.

Constitution Bench upholds Union’s abrogation of Article 370 | 11 December

The Bench unanimously held that Article 370 was a temporary provision designed to accommodate the integration of Jammu and Kashmir with the rest of India. In the 476-page judgement, CJI Chandrachud wrote the majority opinion on behalf of himself and Justices Gavai and Kant. Justices Kaul and Khanna wrote a separate concurring opinion.

The Bench held that Jammu and Kashmir had no internal sovereignty but was a feature of asymmetric federalism. In a small win for the petitioners, they declared that para two of CO 272 was unconstitutional because it used the interpretation clause under Article 367 to amend Article 370. However, the Bench pointed out that the President of India had applied all provisions of the Constitution to Jammu and Kashmir under Article 370(1)(d) which had the “same effect” as declaring that Article 370 ceases to exist. C.O. 272 as a whole was upheld. Subsequently, they held that the President also had the power to abrogate Article 370 without the recommendation of the Constituent Assembly of Jammu and Kashmir. Through this, the Bench upheld CO 273.

The Bench left the constitutionality of the reorganisation of Jammu and Kashmir into the Union Territories of Jammu and Kashmir, and Ladakh unanswered, in light of Solicitor General Tushar Mehta’s assurance that statehood to J&K would be returned soon. They upheld the decision to carve out the Union Territory of Ladakh.

Lastly, the judgement held that the Constitution of Jammu and Kashmir was inoperative after the abrogation of Article 370.

Precedential Value: Cases cited in the Article 370 hearings

Our explainer distils the key issue and conclusions in four prominent Supreme Court precedents

Understanding the Abrogation of Article 370: Origin and Impact

The Supreme Court will decide the extent of the Union’s powers to make laws for Jammu and Kashmir and abrogate Article 370.

R. Sai Spandana

Article 370: The decision in “Prem Nath Kaul” lies conveniently forgotten

A SC decision from 1968 has long justified Union executive creep in J&K. But what of the equal bench judgement that came a decade before it?

Burhan Majid

Article 370 ruling: A response to Professor Mahendra Pal Singh

By reducing the abrogation to presidential discretion, Singh ignores the framework on which the relationship of J&K and Union was predicated

Article 370 and 35A: Origin, Provisions, and the Politics of Contestation

First Online: 28 November 2020

Cite this chapter

Aijaz Ashraf Wani 2 ,
Imran Ahmad Khan 2 &
Tabzeer Yaseen 3

353 Accesses

In August 2019, the Indian government revoked the autonomous status of Jammu and Kashmir (J&K), protected by Articles 370 and 35A of the Indian constitution. The special provisions had been in place since October 1947, when its ruler acceded to India through a conditional Instrument of Accession. Although there has been significant media coverage of the abrogation and subsequent military siege in Kashmir, there remains scant awareness regarding the significance of the articles for Kashmiris. This chapter provides a historical account of how the articles came into existence and discusses why they were so highly contested. It allows the reader to appreciate better the implications of the abrogation of J&K’s special provisions and why such political fallout has come in its wake.

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Wani, A.A., Khan, I.A., Yaseen, T. (2021). Article 370 and 35A: Origin, Provisions, and the Politics of Contestation. In: Hussain, S. (eds) Society and Politics of Jammu and Kashmir. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-56481-0_3

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IAS Preparation
UPSC Preparation Strategy
Article 370

Supreme Court Upholds Abrogation of Article 370

In this article, UPSC aspirants will get to know what is Article 370 and Article 35A, important dates, controversies associated with Article 370 and its revocation. Article 370 and the constitutional history of Jammu & Kashmir are important for the IAS exam .

Article 370 – A Constitutional History of J&K:- Download PDF Here

Important Points to learn:

Supreme Court Verdict On Article 370

The judgement was passed by a five-judge constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant.
The SC said that steps should be taken to conduct elections in the assembly by September 30, 2024.
The Supreme Court did not accept the argument of petitioners that the Union government cannot take actions of irreversible consequences in Jammu & Kashmir during President’s Rule (the abrogation was done during President’s Rule).
The Supreme Court also said Jammu and Kashmir did not retain an element of sovereignty after joining India.

Article 370 – Introduction

The key feature of Article 370 was that the Central laws passed by the Parliament did not automatically apply to the erstwhile State of J&K, and it was the right of the State Legislature to approve them by passing a parallel act.

Article 370 is a constitutional provision that gave Jammu and Kashmir its special status.
As evident from the title of the Part, it was supposed to be a temporary provision and its applicability was projected to last till the formulation and adoption of the State’s constitution.
It restricted the Parliament’s legislative powers with respect to the state of J&K.

Pandit Nehru, on the floor of Lok Sabha on 27th November 1963, said that Article 370 has been eroded and the process of gradual erosion is going on. A year later, the then Home Minister Gulzari Lal Nanda, again on the floor of Lok Sabha on 4 December 1964, said, Article 370 is a tunnel to take the Constitution of India to Jammu and Kashmir. He further said that in the end, only the shell will remain there and it will be bereft of its contents, and it will hardly make any difference whether it is kept or not.

These two statements by two tall leaders of the country speak volumes about the dilution of Article 370 of the Constitution of India just merely after one decade of its enactment. The process had right away started in the year 1950, with the issuance of the Constitutional Application Order 1950, and thereafter, a number of parlances took place between the Centre and the State leadership, which evolved into an agreement known as the Delhi Agreement of 1952 , wherein a number of subjects apart from those in the Instrument of Accession were agreed to be made applicable to the State of J&K. Some of them are as under:

Appointment of the head of State.
Persons having domicile in the State of J&K shall be Citizens of India.
Fundamental Rights
Jurisdiction of Supreme Court
National Flag
Financial Integration
Emergency Powers

Presidential Orders

Under Article 370 of the Constitution of India, the President had the power of issuing orders for the application of provisions of the Constitution of India with modifications, exceptions and amendments in the provisions. And this power has been upheld in several cases by the Supreme Court, e.g., in P. L. Lakhanpal vs the State of J&K.

As already said, for the application of other provisions of the Constitution of India to the State of J&K, the only mode available was the Constitutional Application Order. And the same was to be done with the consultation and concurrence of the State Government. The Presidential Orders, broadly speaking, deal with the following subject matters:

Enhancing the jurisdiction of the Parliament to enact laws in the State of J&K out of the Union List .
Laws relating to an increase or decrease in the area of the State.
Making provisions for the return of the permanent residents of the State who migrated to the territories included in Pakistan under permit for settlement.
Providing for constitutional protection to the laws relating to permanent residents of the state, their special rights and privileges, employment under Government, acquisition of immovable property, settlement in the State, scholarship.
Earmarking the number of seats in the House of the people, excluding the area under the occupation of Pakistan.
Provision for delimitation of Parliament Constituencies.
Transfer of judges from the High Court of J&K or to the said Court.
Exclusion of the State List.
Provision as regards the decision affecting the disposition of the State of J&K.
Acquisition and requisition of immovable property on behalf of and at the expense of the Union.
Provision relating to the use of the official language of the Union and in the proceedings before the Supreme Court .
Provisions for the proclamation of emergency.
Provisions for non-application of the amendments carried out by the Parliament of India in the Constitution of India.
Provision for Governor and the Election Commission.

In the year 1954, the Constitutional Application Order 1950 was renamed as the Constitutional Application Order 1954 and its issuance was the first infringement on the constitutional autonomy of the State of J&K. It culminated with the issuance of the Constitution (Application to J&K) Order, 2019. Article 370 itself was used to make it weak after remaining on the Constitution book for 70 years.

Facts on Article 370

Article 370 – Temporary provisions with respect to the State of Jammu and Kashmir

(1) Notwithstanding anything in this Constitution,

(a) The provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;

(b) The power of Parliament to make laws for the said State shall be limited to

Those matters in the Union List and the Concurrent List which, in consultation with the Government of the State , are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
Such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify Explanation For the purposes of this article, the Government of the State means the person for the time being recognized by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharajas Proclamation dated the fifth day of March 1948 ;

(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify: Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph 1 of sub clause (b) shall be issued except in consultation with the Government of the State: Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.

(2) If the concurrence of the Government of the State referred to in paragraph 2 of sub clause (b) of clause (1) or in the second proviso to sub clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.

(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.

Application of 370

However, the State’s constituent assembly dissolved itself on 25 January 1957 without recommending either abrogation or amendment of Article 370, leaving the status of the provision on a cliffhanger.
The provision was later held to have acquired permanent status by way of rulings of the Supreme Court of India and the High Court of Jammu and Kashmir.
This implied that to apply a central law to the state on subjects included in the Instrument of Accession, mere “consultation” with the state government is required.
However, to apply a central legislation to matters other than defence, foreign affairs and communications, ”concurrence” of the state government was mandatory.

Jammu and Kashmir Constitution

Article 3-> Relationship of the State with the Union of India :- The State of Jammu and Kashmir is and shall be an integral part of the Union of India.
In the Preamble to the Constitution, not only is there no claim to sovereignty, but there is a categorical acknowledgement about the object of the J&K Constitution being “to further define the existing relationship of the state with the Union of India as its integral part thereof.”

Constitution (Application to Jammu and Kashmir) Order, 2019

(1) This Order may be called the Constitution (Application to Jammu and Kashmir) Order, 2019.

(2) It shall come into force at once, and shall thereupon supersede the Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time.

All the provisions of the Constitution, as amended from time to time, shall apply in relation to the State of Jammu and Kashmir and the exceptions and modifications subject to which they shall so apply shall be as follows:-

To article 367, there shall be added the following clause, namely:-

“(4) For the purposes of this Constitution as it applies in relation to the State of Jammu and Kashmir-

(a) References to this Constitution or to the provisions thereof shall be construed as references to the Constitution or the provisions thereof as applied in relation to the said State;

(b) references to the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadar-i-Riyasat of Jammu and Kashmir , acting on the advice of the Council of Ministers of the State for the time being in office, shall be construed as references to the Governor of Jammu and Kashmir ;

(c) references to the Government of the said State shall be construed as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers; and

(d) in the proviso to clause (3) of Article 370 of this Constitution, the expression “Constituent Assembly of the State referred to in clause (2)” shall read “Legislative Assembly of the State”.

Has Article 370 been scrapped?

The Presidential order signed by the President of India has not scrapped Article 370 .
But invoking this very article, the special status of Jammu & Kashmir has been withdrawn.
Thus, Article 370 is very much on the statute book.
In other words, the move by the government gives full applicability of the Indian Constitution in Jammu and Kashmir. Earlier, only a set of limited provisions such as foreign relations, communication and defence had jurisdiction over Jammu and Kashmir.

What is the status of Article 35-A?

Since Presidential Order of August 5 has extended all the provisions of the Constitution to Kashmir , the Fundamental Rights chapter has now been extended and therefore some discriminatory provisions of Article 35-A may not be in accordance with prescribed Rules.
Therefore the President can also declare this to be inapplicable.
Article 35A of the Indian Constitution is an article that empowers the Jammu and Kashmir states legislature to define “permanent residents”.
The provision mandates that no act of the state legislature coming under the ambit of Article 35A can be challenged for violating the Indian Constitution or any other law of the land.

Who Are Permanent Residents?

as a person who was a state subject on May 14, 1954
who had been a resident of the state for 10 years
has lawfully acquired immovable property in the state
The state legislature can alter the definition of a permanent resident by passing a law with a two-thirds majority .
Permanent residents are given a Permanent Resident Certificate which forms the basis of their rights in the state.
It also has a provision to recognize as permanent residents, people who had migrated to Pakistan and returned, though subject to certain conditions.

Rights and Privileges

Employment under the state government/State Public Sector Jobs
Acquisition of immovable property in the state
Settlement in the state
Right to scholarships and such other forms of aid as the state government may provide

Why was the move a necessity?

By reorganising Kashmir’s political status, Modi govt. is addressing a colonial mess

In Africa and Asia, there are countless territorial conflicts. The Indo-Tibetan frontier opened up by Curzon remains a contested boundary dispute between India and China. More broadly, the buffers and protectorates constructed by the Raj to limit conflict with Russia are now zones of political contestation between India and a rising China.
The Durand Line drawn between India and Afghanistan in 1893 , a few years before Curzon arrived in India, remains disputed between Kabul and Islamabad. Even the Taliban, nurtured by Pakistan as an instrument to gain influence in Afghanistan, does not accept the Durand Line.
Many other peripheries of the Raj, from Balochistan in the west to Xinjiang and Kashmir in the north to Tibet and the eastern Himalayan regions between India, upper Burma and China are all in a turmoil of varying degrees.

Part of the problem lies in the nature of the frontiers that the Subcontinent inherited from the Raj.

The land borders of India were not defined by a single line, but by what Curzon identified as the three-fold frontier.

There was the “ administrative frontier ” that marked out regions that the Raj governed to the fullest extent.
Beyond that was the “ frontier of active defence ” like the Durand Line.
A third was the “ strategic frontier ” consisting of the outer boundaries of protectorates over which the Raj exercised a measure of control.

Confusion over Control of Territories

While the British Raj, Czarist Russia and Qing China found ways to live with ambiguities in remote corners of the empire, the new nationalist regimes that succeeded them have had much more difficulty.
The Partition of the subcontinent, based on religious considerations, added an explosive dimension to an already complex inheritance.
The successor states to the empires laid formal claims to tracts of territory that had an ambivalent status, but have struggled to realise them.

The colonial past has left territories that are claimed by many countries with significant challenges

Pakistan has struggled to find stability on its western borderlands — where the Baloch and the Pashtun continue to challenge its claims.
Beijing continues to claim the entire state of Arunachal Pradesh.
But the arguments with China are now mostly political. After instigating trouble in each other’s territory for a period, Delhi and Beijing are now committed to managing the dispute peacefully, while expanding the broader relationship.
There is a frequent spike in military tensions, but there has been no shooting war.
India has had greater success with Bangladesh . Early on in his first term, Prime Minister Narendra Modi seized the opportunities to settle the disputes with Dhaka on the land and maritime boundary inherited from the Partition.
But unlike Dhaka and Beijing, Rawalpindi is not really prepared for a peaceful resolution. Repeated efforts by Indira Gandhi (1972), Atal Bihari Vajpayee (1999), and Manmohan Singh (2005-07) ended in failure. The inherent difficulty of negotiation has been compounded by Pakistan’s use of terrorism and Kashmir’s ambiguous political status within the Indian Union .
In confronting Pakistan’s terrorism and reorganising the political status of Kashmir, the Modi government has set a new policy template.
The key to its success lies in finding early political reconciliation within Kashmir and persuading the Pakistan army that its interests are better served by stable, peaceful and legitimate frontier with India.

Due process

The process of revocation of Article 370, which ties the state with India, needed the approval of J&K’s Constituent Assembly. In the absence of such an assembly, it can be removed with the concurrence of the state legislative assembly. But the assembly does not exist at the moment either, and the notification suggests that it was the Governor’s concurrence that was obtained to render the provisions irrelevant . This is clearly not sufficient.
The process has been pushed through without consultations with Kashmir’s political leaders , who have been under detention.
Further, the reorganisation of states requires the consent of the state assembly concerned .
In this case, J&K has been bifurcated, and statehood diluted to UT status, without any deliberations in the assembly.

Article 3 of the Constitution

It says that before parliament can consider a bill that diminishes the area of a state or changes its name, the bill must be “referred by the President to the Legislature of that State for expressing its views thereon”.
This is an essential safeguard of India’s federal system and has clearly not been followed in this case.
In Parliament, the Home Minister invoked that since the J&K assembly was dissolved and the state is under Central rule, it is parliament that gets to exercise the prerogatives of the assembly .
This move will strain India’s social fabric not only in its impact on Jammu and Kashmir but also in the portents it holds for federalism, parliamentary democracy and diversity.
The Centre’s abrupt move disenfranchised people on a matter that directly affects their life and sentiments.

Kashmiris seek greater democracy

Like all Indian citizens, Kashmiris seek greater democracy.
Elements keen to destabilize India would seek to build a narrative that Delhi is taking away powers from the local level . It is important that the process of turning the state into a UT does not lead to alienation.

Deepen communal and religious lines

While Ladakhi Buddhists, for instance, are now celebrating the fulfilment of their long-pending demand for Union Territory status, the voices of Kargilis who are still under a strict curfew are yet to be heard.
They may not support this decision because ‘a Union Territory without a legislature’ not only negates the idea of decentralisation of power to the grassroots (the undergirding principle of the autonomous hill council) but could well lead to a shifting of the loci of power to Leh, resulting in losing whatever gains they have assiduously made over the years.

Instrument of Accession

In Kashmir’s Instrument of Accession in Clause 5, Raja Hari Singh, ruler of J&K, explicitly mentioned that the terms of “my Instrument of Accession cannot be varied by any amendment of the Act or of Indian Independence Act unless such amendment is accepted by me by an Instrument supplementary to this Instrument”.
Clause 7 said “nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future constitution of India or to fetter my discretion to enter into arrangements with the Government of India under any such future constitution”.
In India’s acceptance of the IoA, Lord Mountbatten stated that “it is my Government’s wish that as soon as law and order have been restored in Kashmir and her soil is cleared of the invader, the question of the State’s accession be settled by a reference to the people”.

Read more about the history of Instrument of Accession in the linked article.

Elections in Jammu and Kashmir were delayed

The three independent observers appointed by the Election Commission — to assess the readiness for assembly elections in Jammu & Kashmir — are learnt to have conveyed to the poll panel that the situation is conducive for elections immediately after Lok Sabha polls.

Why Jammu and Kashmir is special?

Former MP Karan Singh, son of Maharaja Hari Singh, wrote in An Examined Life : “The right-wing seems to resent that J&K carries a special status. That has always surprised me. We are a great country, we should be large-hearted. J&K came to India under complex and difficult circumstances. Now after all these years to ask why it holds a special position is baffling. It will always be special because it was born out of a special historical event and subsequent political developments. In England they have all sorts of governing systems…, we should feel so lucky that J&K, a Muslim-majority state became a part of India despite the religion-led Partition. Cherish that; relish that; honour that.”
In November 1963, in a debate in Parliament, when Hari Vishnu Kamath argued that Kashmir was “not fully” integrated, Nehru asserted that it was, indeed, “fully integrated” with India. He said: “The House will remember that we have some restrictions with respect to NEFA and other places; outsiders cannot buy land. This is also in some other districts, the hill districts of Assam . This is to protect them.”

Looking at these arguments from the past, the people, the local political parties in Jammu and Kashmir and the political parties in India should have been taken into confidence for bringing about an end to legislation that was indeed the bridge between India and the state of Jammu and Kashmir.

The recent pre-emptive deployment of additional forces into Jammu and Kashmir enables the state government to deal appropriately with any situation.
If large-scale protests do erupt, how they are handled will be extremely important.
Pakistan can be expected to fish actively in the troubled waters of Kashmir. Buoyed by the recent statements of United States President Donald Trump on mediation, Pakistan will attempt to internationalize the issue of Kashmir.
However, there are limits to Pakistan’s response. Hobbled by international pressure and a dire financial situation, Pakistan needs to keep its actions calibrated to ensure that the situation does not escalate to a conventional conflict.
The Indian Army’s deployment along the Line of Control in Jammu and Kashmir is extremely robust, and will not allow large-scale infiltration.
It is also essential to not look at tackling the situation purely through a security approach. If the government’s action aims to find a resolution to the Kashmir conflict, it has to take the local population into confidence .
The decision of the government must not be painted in terms of victory or defeat, but as a win-win for everyone.
The advisory to various state governments to ensure the safety and security of the residents of Jammu and Kashmir is a step in the right direction.

It must now be followed up by a genuine outreach to the people of the state.

Union Territory Status

There were seven union territories (UTs) specified under Part II of the First Schedule to the Constitution of India , viz. Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, National Capital Territory of Delhi and Puducherry.
Except for the National Capital Territory of Delhi and Puducherry, UTs did not have their own legislature until now.
Now, the state of Jammu and Kashmir has also been added along with Delhi and Puducherry to be a UT with a legislature .

Article 240 of the Indian Constitution

According to Article 240, the President of India has the power to make regulations for UTs not having their own legislature.

Is it right to give a state Union Territory status? Yes

Frederic Drew, who served as Governor of Ladakh in the 19th Century had rightly observed that “the territories of J&K have no other bond of cohesion than the fact of Maharaja’s rule, no simple name for it exists”.
Ladakhis since then have consistently been demanding a separate region from the Jammu and Kashmir State and asking for the status of Union Territory for the area.
With the United States seeking a quick exit from, and willing to let the Inter-Services Intelligence-sponsored Taliban control Afghanistan (and China deeply embedded in the power play), the heartland of Central Asia has rarely been as adverse to Indian interests since 1989, when the Soviet Union withdrew from Afghanistan. Kashmir could, in these circumstances, become even more vulnerable to external elements than it was in the 1990s.
The situation emerging in the western neighbourhood and the possible re-ascendance of the Taliban in Afghanistan call for greater attention and care to be taken in what will remain as J&K after bifurcation. Making it a Union Territory with a legislature makes a lot of strategic sense.
In the interest of security, this is a good move. Once all the security measures are met, we can give statehood as it happened with Goa and Arunachal Pradesh in the past.
It will insulate Ladakh from the happenings in the other two regions and provide for greater development of the region.
Ladakh’s unique geographical location should offer India a huge counter-offensive potential in terms of leveraging connectivity to the Eurasian region and China.
It is a book penned by Ex-Governor of J&K Jagmohan during 1984-1990.
“Article 370 is nothing but a breeding ground for the parasites at the heart of the paradise. It skins the poor. It deceives them with its mirage. It lines the pockets of the ‘power elites’”.
Geographically and metaphorically, Jammu and Kashmir is the crown of secular India. Its people and leaders had chosen secular India over Pakistan.
The new doctrine will have to persuade the majority of the people of Jammu and Kashmir that greater integration with India will provide them with more opportunities, provide more freedom and space, and strengthen their rights much more than the alternatives proposed by other mainstream parties or separatists.
Going forward, India should take the people of J&K into confidence, bring development which includes all sections of society and restore statehood as per its initial promise.

Jammu and Kashmir Reorganisation Act, 2019

The Union Territory of Jammu and Kashmir has a legislative assembly,
Whereas the Union Territory of Ladakh does not have a legislative assembly and is administered by the Lieutenant Governor alone.
The Union Territory of Ladakh will include the districts Leh and Kargil which, in effect, ceased to be part of the existing state of Jammu and Kashmir.
The remaining territories remained with Jammu and Kashmir after the bifurcation.
Representation in the House of People: Out of the six Lok Sabha seats in the state of Jammu and Kashmir, five remained with the Union Territory of Jammu and Kashmir and one went to the Union Territory of Ladakh.
The Election Commission may conduct Lok Sabha elections for both the Union Territories as per the allocation of seats specified in the Delimitation of Parliamentary Constituencies Order, 1976 as amended by this act.
The Jammu and Kashmir Legislative Assembly to have a tenure of five years unless it’s dissolved earlier by the L-G.
This allows the Union Territory of Jammu and Kashmir to function as a legislative assembly under an administrator appointed under the said Article. In this case, it will be the LG.
The constituencies to be re-organised through a de-limitation exercise under the 2002 Act of Parliament.
For the purpose of delimitation, the 2011 census figures are to be taken as the benchmark.
The state assembly currently has 111 seats, of which 46 are in the Valley, 37 in Jammu and the remaining four are in the Ladakh division .
Of these, 24 seats would be deemed to be vacant till the time Pakistan-Occupied Kashmir comes under the jurisdiction of the Indian state.
With this, the existing legislative council in Jammu and Kashmir stands abolished . “Every member thereof ceases to be such member and all bills pending in the Legislative Council shall lapse.”
Four sitting members of the council of states (Rajya Sabha) representing the existing state of Jammu and Kashmir shall be deemed to have been elected to fill the seats allocated to the Union Territory of Jammu and Kashmir . Their term of office remains unaltered.
The High Court of the existing state of Jammu and Kashmir is the common High Court of the two Union Territories.
The new Assembly shall have reservations for Scheduled Caste and Tribes as in other parts of the state.

Legislative powers of the Union Territory of Jammu and Kashmir

The Legislative Assembly may make laws for the whole or any part of the Union Territory of Jammu and Kashmir with respect to any of the matters enumerated in the state list except on subjects “public order” and “police” which will remain in the domain of the Centre vis-a-vis the LG.
In case of inconsistencies between laws made by Parliament and laws made by the Legislative Assembly, earlier law shall prevail and law made by the Legislative Assembly shall be void.

Role and powers of the Lieutenant Governor

The Governor of the existing State of Jammu and Kashmir shall be the Lieutenant Governor for the Union Territory of Jammu and Kashmir, and the Union Territory of Ladakh for such period as may be determined by the President.
The L-G will be assisted by advisors appointed by the Centre since the Union Territory will not have a Legislative Assembly.
In the case of the Union Territory of Jammu and Kashmir, the L-G shall “act in his discretion” on issues which fall outside the purview of powers conferred on the Legislative Assembly , in which he is required to exercise any judicial functions, and/or matters related to All India services and the Anti-Corruption Bureau.

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Frequently Asked Questions related to Article 370

When was article 370 removed, what are the benefits of removing article 370, what is article 370 and 35 a, who drafted article 370 for jammu kashmir.

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Essay on Article 370

In this Article 370 essay, we will learn about article 370 Kashmir, who drafted article 370 & when was article 370 removed.

On 5 August 2019, the President of India issued the Constitution (Application for Jammu and Kashmir) Order, 2019 in the exercise of the powers conferred by clause (1) of Article 370 of the Constitution.

By this, the Government of India has amended Article 370 itself (not revoked it).

With this, the Indian government has dramatically revised relations between the state of Jammu and Kashmir and the Indian Union.

Taking a historic decision, the central government proposed to remove Article 370 of the Constitution from the state of Jammu and Kashmir and divide the state into two union territories: Jammu and Kashmir and Ladakh.

Article 370 Essay:

Article 370 became a part of the Constitution of India on 17 October 1949 and was added as a ‘provisional provision’ that gave exemption to Jammu and Kashmir, in order that it may draft its constitution and the Indian Parliament within the state Prohibit legislative powers.

It was introduced by N. Gopalaswamy Iyenga within the draft constitution.

Under Article 370, the Constituent Assembly of Jammu and Kashmir was empowered to recommend which articles of the Indian Constitution should apply within the state.

The Jammu and Kashmir Constituent Assembly was dissolved after drafting the state structure.

Article 3 of Article 370 provides the President of India the facility to amend its provisions and scope.

Article 35A stalks from Article 370 and was applied through an order of the President in 1954 on the advice of the Jammu and Kashmir Constituent Assembly.

In this essay, we additionally talk about Article 35A empowers the Jammu and Kashmir legislature to define permanent residents of the state and their privileges.

Why was Need for Change in Article 370?

Article 370 was added to the Indian Constitution to provide sovereignty to Jammu and Kashmir, but it failed to do upright to Kashmiris.

Because of this Kashmir has been suffering from radicalism and violence for a long time.

It has served to widen the gap between Kashmir and other nations.

Due to this, India’s security challenges from neighbors like Pakistan and China were becoming more complicated.

Current Decision of Center on Article 370:

Now only clause 1 of article 370 will continue, the remaining clauses have been eliminated.
Section-1 was also implemented by the President and it can also be removed by the President.
Jammu and Kashmir are not privileged.
Single citizenship.
One nation one flag.
Article 360 (Financial Emergency) is now in force.
People from other states can buy land in Jammu and Kashmir.
Ladakh, Jammu and Kashmir have separate union territories.
Tenure of Jammu and Kashmir Legislative Assembly – 5 years.
RTI and human rights rules apply.

Constitutional Challenges:

The President’s order which seeks to abolish the special status of Jammu and Kashmir, according to Article 370 (3), the President will require the recommendation of the Legislative Assembly of Jammu and Kashmir for such a change.
However, in the order of the President of 2019, a sub-clause has been added to Article 367, which replaces the conditions:
“Constituent Assembly of Jammu and Kashmir” means “Legislative Assembly of Jammu and Kashmir”.
“Government of Jammu and Kashmir” means “to act on the advice of the Governor of Jammu and Kashmir and the Council of Ministers”.
The government wanted to amend the Constitution to reduce autonomy under Article 370, which would require a two-thirds majority in Parliament.
This provision is currently challenged in the Supreme Court on the ground that it added Article 35A to the Indian Constitution only through an order of the President.
Transforming Jammu and Kashmir into a Union Territory is a violation of Article 3, as the Bill was not sent to the President by the State Assembly.
In the reorganization of the state, the President’s order also requires the consent of the state’s government.
Although, Jammu and Kashmir is currently under the Governor, the Governor’s consent is considered to be the Government’s consent.

Potential Consequences:

Increase in terrorism- Article 370 has been marked by Kashmiris as their separate identity and autonomy.
There is a possibility of widespread protests and violence as a reaction to the weakening of Article 370.
Terrorist elements of Pakistan can easily use Kashmir to spread terrorism in India.
Unrest in Kashmir can affect its democratic progress.

Way Forward:

For the upliftment of Kashmir, a strategy of about 10 years should be implemented for education and employment.

To solve the crisis of legitimacy in Kashmir, a Gandhian path of non-violence and peace should be adopted.

The government can reduce the challenges posed by the removal of Article 370 by launching a comprehensive outreach program for all Kashmiris.

In this situation, to solve Kashmir problem, Atal Bihari Vajpayee’s design of Kashmiriyat, Insaniyat, Jamhooriyat (inclusive culture of Kashmir, Humanism and democracy) should be made the foundation for reconciliation in the state.

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Conclusion for Article 370 Essay:

There are strong arguments against and supporting retraction of Article 370.

While one clause argues that Article 370 is the only constitutional link between the state and the rest of India, others feel that it is a 70 year old offense that prevents India from becoming an integral part.

But the truth is that since the creation of India and Article 370, Kashmiri people have been suffering from this issue.

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Essay on Article 370

Students are often asked to write an essay on Article 370 in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

Let’s take a look…

100 Words Essay on Article 370

Introduction.

Article 370 was a unique law in the Indian constitution, granting special autonomy to the state of Jammu and Kashmir. It was added in 1949.

Special Provisions

Under Article 370, the Indian Parliament required the state government’s concurrence to apply laws, except in defense, foreign affairs, and communications.

Controversy and Abrogation

Article 370 was contentious, with critics arguing it hindered Jammu and Kashmir’s integration with India. In August 2019, the Indian government abrogated Article 370, aiming for complete integration.

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Speech on Article 370

250 Words Essay on Article 370

Article 370 is a significant part of the Indian constitution that has been the subject of intense debate and controversy. It was an article that granted special autonomous status to the state of Jammu and Kashmir.

Historical Context

Article 370 was incorporated into the Indian Constitution in October 1949. This special status was a result of the conditions under which the princely state of Jammu and Kashmir acceded to India after the partition in 1947. It was designed to protect the region’s distinct culture and autonomy.

Provisions and Implications

The article allowed the state to have its own constitution, flag, and control over internal administrative matters. However, defense, foreign affairs, and communications remained under the Indian government’s jurisdiction. It also restricted the Indian Parliament’s legislative power within the state.

The article has been controversial, with some arguing that it hindered Jammu and Kashmir’s integration with the rest of India. Others contended that it was essential for preserving the unique cultural identity of the region. The debate reached its peak in August 2019 when the Indian government abrogated Article 370, effectively revoking the special status of Jammu and Kashmir.

The abrogation of Article 370 has opened a new chapter in the history of Jammu and Kashmir. The long-term implications of this decision are yet to be seen. It remains a complex issue, intertwined with questions of federalism, cultural identity, and national integration.

500 Words Essay on Article 370

Article 370 of the Indian Constitution is a unique piece of legislation that has been a subject of intense debate and controversy since its inception. Initially intended as a temporary provision to manage the political complexities of Jammu and Kashmir’s accession to India, it eventually solidified into a semi-permanent arrangement, leading to a complex web of legal, political, and social implications.

The Genesis of Article 370

The roots of Article 370 can be traced back to the turbulent times of India’s partition in 1947. The princely state of Jammu and Kashmir, under the reign of Maharaja Hari Singh, initially chose to remain independent. However, an invasion by tribal militias from Pakistan forced the Maharaja to seek India’s military assistance, culminating in the signing of the Instrument of Accession. This document granted India control over defence, foreign affairs, and communications, while other matters were left to the state’s discretion. Article 370 was incorporated into the Indian Constitution to reflect this unique arrangement.

Article 370 provided Jammu and Kashmir with a special status, allowing it to have its own constitution, a separate flag, and autonomy over the internal administration of the state. This meant that the Indian Parliament could only make laws on subjects specified in the Instrument of Accession, unless the state government gave its consent.

This special status led to a dichotomy in the constitutional relationship between Jammu and Kashmir and the rest of India. Critics argue that it created a psychological barrier, fostering a sense of separatism among the people of the state. Supporters, however, assert that it was essential to respect the unique circumstances of the state’s accession and to protect its distinct cultural identity.

Abrogation of Article 370

On August 5, 2019, the Indian government abrogated Article 370, bifurcating the state into two Union Territories – Jammu and Kashmir, and Ladakh. This move was justified on the grounds of promoting better integration of the region with the rest of India, and fostering socio-economic development.

The abrogation, however, sparked a heated debate. Critics argue that it undermines the democratic process, as it was done without consulting the state’s representatives. Supporters, on the other hand, believe that it paves the way for the full realization of rights and opportunities for the people of Jammu and Kashmir.

The debate surrounding Article 370 is complex and multi-faceted, involving constitutional law, political science, and socio-cultural dynamics. It is an issue that demands careful thought and nuanced understanding. As India navigates its way forward, it is crucial to ensure that the aspirations of the people of Jammu and Kashmir are respected, and that the path to development and integration is paved with justice and fairness. The future of Article 370, or rather its absence, will continue to shape the destiny of the region and its relationship with the rest of India.

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Essay on Article 370 of Indian Constitution in English for Children

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Long and Short Essay on Article 370 of Indian Constitution in English

After going through the following essays you will know about Article 370 and its provisions; history of Article 370; advantages and disadvantages of Article 370; how it revoked; what will be the consequences of scrapping Article 370; what bills passed for its revokal, etc.

Short Essay on Article 370 – (200 Words)

The article exempted J&K from the Indian Constitution. The state attained the right to make its own laws related to any matter except foreign affairs, communications and defence.

Article 370 has been seen as a hindrance in the development of the state. It is also known to be a cause of growing corruption and terrorism in the state.

Essay on Article 370: Enforcement – (300 Words)

Introduction.

The Origin of Article 370 of the Indian Constitution

Article 370 was drafted by Sheikh Abdullah in the year 1947. Abdullah had been appointed as the Prime Minister of Jammu and Kashmir by Pundit Jawahar Lal Nehru and Maharaja Hari Singh of Kashmir.

Abdullah wanted complete autonomy for J&K and demanded that Article 370 must not remain a temporary provision. However, the Centre deemed this demand unreasonable and did not approve of it.

Special Status Given to Jammu and Kashmir

As per the laws enforced by the state, the Indian citizens from other parts of the country were denied the right to purchase property in Jammu and Kashmir.

Essay on Article 370: Advantages and Disadvantages – (400 words)

Article 370 of the Indian Constitution that gave special power to the state of Jammu and Kashmir was annulled on 5 th August 2019. The decision taken by the Centre has appreciated by several political parties, leaders, celebrities and majority of general public. However, many others have criticized it outright. Article 370 had few advantages and several disadvantages.

Advantages of Article 370 of the Indian Constitution

Here is a look at the advantages of Article 370:

2) J&K boasts of its local handicraft items. The government of this state has kept its culture and local businesses alive. It has always encouraged local businesses over foreign brands.

This is the reason why several local brands are running in the state. This means more work, greater growth opportunities and good income for the locals.

Disadvantages of Article 370 of the Indian Constitution

Here is a look at the disadvantages of Article 370:

2) The law and order in J&K is weak because the centre is not allowed to intervene. This has given rise to terrorism in the state. Terrorism is a major concern here and nothing much done to fight it.

3) Corruption in the state is high due to its alienation from the centre. There is no check on the government of J&K. It makes its own laws and works as per its convenience.

4) Article 370 prevented the implementation of Right to Education in the state. This is why students forced to move to other states.

5) Outsiders cannot establish business in J&K. Professionals and industrialists not allowed to settle here. This is a major hindrance in the growth and development of the state.

6) This provision is anti- women in nature. It has led to extreme gender bias in the state.

The disadvantages of Article 370 of the Indian Constitution clearly outweigh its advantages. The atmosphere of tension in the state is a clear evidence of the same. Scrapping of Article 370 seems like a ray of hope for the state that has gripped by terrorism since long. We hope it sees better times ahead.

Long Essay on Article 370 – (500 words)

Article 370 is a temporary provision in the Constitution of India. It provides special autonomous status to the Indian state of Jammu and Kashmir.

The provisions of the Indian Constitution that are applicable to other states of India are not applicable to J&K.

The article adopted in November 1956 and was enforced in the state in January 1957 by Sheikh Abdullah.

Special Provisions in Jammu and Kashmir as per Article 370

Some special provisions made in Jammu and Kashmir as Article 370 came into force in the state. These include:

J&K acquired different national flag.
Insulting the national flag and national symbols considered a crime in India. It is a punishable offence. But this rule did not apply in J&K.
The highest court orders in India did not apply in J&K.
Jammu and Kashmir citizens enjoyed dual citizenship.
Women in Kashmir had to abide by the Sharia law.
The tenure of the Assembly of J&K was 6 years unlike other Indian states in which the Assembly tenure is 5 years.
RTI, RTE and CAG were not applicable in Kashmir.
The J&K citizenship of a woman who married a person from another Indian state ended. On the other hand, if a woman from the state married someone from Pakistan, he acquired J&K citizenship.
If a Pakistani married a Kashmiri girl, he acquired Indian citizenship.
Article 370 did not allow people from other states to purchase property in J&K.
The minority group in Kashmir that consists of Hindus and Sikhs did not get 16% reservation.

Changes after the Revocation of Article 370

Now that Article 370 has revoked, Jammu and Kashmir will no longer enjoy the autonomous status. All the special powers that came with this article have annulled. Here are some of the other changes that brought about:

All the residents of J&K shall be entitled to single citizenship only.
Article 360 that is enforced during financial emergency is now applicable in J&K.
People from other states shall be able to purchase property in J&K.
Duration of Legislative Assembly has changed to 5 years.
RTI will be applicable in J&K.
Minorities will be eligible for 16% reservation.
Children will benefit from the Right to Education.
Directive Principle of State Policy shall be applicable.
J&K will not have a separate flag.

The Atmosphere in J&K as Article 370 Revoked

J&K’s prominent leaders, Omar Abdullah, Sajjad Lone and Mehbooba Mufti were under house arrest as the bill for abolition of Article 370 was passed in the Rajya Sabha.

Internet and mobile services in Kashmir’s Srinagar district suspended and a ban imposed on all public gatherings.

With so many changes underway after the revocation of Article 370, it seems like J&K will finally experience peace and prosperity. This is just the first step towards the betterment of the state.

There are miles to go! Whether the decision taken by Centre is right or wrong still debated. We hope it proves to be beneficial for the state as well as the country as a whole.

Long Essay on Article 370: Revocation – (600 words)

Article 370 enforced by Sheikh Abdullah on 26 th January 1957. The article gave special power to the Indian state of Jammu and Kashmir. This was a temporary provision.

Bill to Revoke Provisions of Article 370

Union Home Minister, Amit Shah, moved a resolution in Rajya Sabha to introduce a bill scrapping all the provisions of Article 370. This approved by President Ram Nath Kovind.

Shah also introduced bills seeking bifurcation of the State into Jammu and Kashmir as a Union Territory with an Assembly and Ladakh as a Union Territory without a legislature.

The opposition benches protested against this resolution; however, the decision has made. Revoking Article 370 of the Indian Constitution had a major part of BJP’s agenda. Shah’s announcement thus received with elation by the BJP leaders.

Mixed Reactions on Revocation of Article 370

While many political parties opposed the decision to scrap Article 370 of the Indian Constitution, several others extended their support to the BJP government.

Parties that Supported the Decision

BSP member, Satish Chandra Misra was among the first ones in the Rajya Sabha to support this move. Mayawati also extended support to the bifurcation of Jammu and Kashmir.

AIADMK mentioned that their leader, Jayalalithaa had always wanted this. Shiv Sena members expressed their joy and support by celebrating outside their party head office.

BJD members said that with this decision, Jammu and Kashmir has become an integral part of the country and they are glad about it.

Parties that Opposed the Decision

Congress members mentioned that this was a “catastrophic step” and it should seen as a “black day” in the constitutional history of our country. It further said that this decision is a publicity stunt by BJP to fetch more votes. Likewise, Left mentioned that it is an attack on the Indian Constitution.

DMK went on to say that this was simply the murder of democracy. It said that BJP is forcing its agenda and that it has no respect for the sentiments of the Jammu and Kashmir residents.

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Article 370 Essay

The Article is drafted in part XXI of the Constitution which is titled as “Temporary, Transitional and Special Provisions”. The Article 370 essay in English will give a clear overview of what actually Article 370 is?

A Long Essay on Article 370 in English

The Constituent Assembly of Jammu and Kashmir after being established, has been given the power to recommend which Articles of the Indian Constitution can be applied in the state and also to cancel the 370 altogether. After being advised by the State Constituent Assembly of Jammu and Kashmir, a Presidential order was issued in 1954 that specified the Articles which will be applied to the state. Through this Article 370 essay, one will learn how the Constituent Assembly didn’t recommend cancellation of Article 370 before it got dissolved. As a result, the Article was deemed to become a permanent feature of the Indian Constitution.

Different Laws And Rights

The essay on Article 370 can help one understand the four Provisions of Article 370:

The state was exempted from the complete applicability of the Constitution of India. The state has the power to form its own Constitution.

The power of the central government in this state is limited to three subjects: defense, foreign affairs, and communications.

Some central government’s constitutional power can be extended to the state only with the concurrence of the state government.

The State Government’s power to give concurrence is only active until the State Constituent Assembly was convened. After the scheme of powers is dispersed by the State Constituent Assembly, no further extension of powers is possible.

As studied in the Article 370 essay, it is clear that the state of Jammu and Kashmir has a special status and can incorporate its own Constitution, no other states in the Country have these powers.

Impact On Abolition Of Article 370

One of the most significant advantages was that non-J&K residents were unable to purchase land within the state. As a result, persons living in J&K have plenty of resources that they haven’t put to good use in order to have a safe place to live. Women were the worst victims of this equation, as they lost their land Rights if they married someone from outside the state. Furthermore, neither she nor her children were eligible to inherit the land. A Kashmiri man, on the other hand, was free to marry any lady from any state and preserve his property Rights. A non-resident of J&K was not permitted to vote in state legislature elections or to run for office. Non-J&K residents were unable to enrol in postgraduate professional courses since state universities in Jammu and Kashmir require a Permanent Resident Certificate (PRC). Furthermore, they were not eligible for any government help or scholarships to utilize while working for the government since permanent residence is necessary, which was not attainable at the time but is today.

Short Essay on Article 370

150 words paragraph on article 370.

In this short speech on Article 370 in English, it is clear that the state of Jammu and Kashmir is an important state of India and experiences a special status among all the other states.

1. What powers are vested by Article 370?

2. In what subjects the Central Government has power over Jammu and Kashmir?

3. What is the background of Article 370?

When India was about to gain independence and the British were departing, they gave all of India’s rulers the Right to reside anywhere they wanted. Internally, this resulted in the development of hundreds of provinces. Sardar Vallabh Bhai Patel’s efforts resulted in all of those regions agreeing to merge to establish a country. However, one province, Jammu & Kashmir, governed by the then-king Hari Singh, was unwilling to join the union. They didn’t want to be combined, and they wanted to keep their identity as a separate province. In October 1947, Pakistan attempted to capture Kashmir by invading it with its army. Hari Singh requested India’s assistance in combating the Pakistani troops. India assisted on the condition that Kashmir joins India. Under Article 370 of the Indian constitution, India promised to provide it with special status.

4. What are the benefits and drawbacks of Article 370?

People in Jammu and Kashmir held dual citizenship, meaning they were citizens of both Jammu and Kashmir and India. They had a different flag than we had. In J & K, elections were held every six years. In J&K, criticising the Indian flag was not a crime. The Supreme Court of India’s regulations were not applicable to J&K. A Kashmiri girl loses her Kashmiri citizenship if she marries a guy from outside the state. And if she married a Pakistani, he was automatically granted citizenship in J&K. The Right to Information Act did not apply to J&K. In J&K, there were no reservations for minorities. Outside of J&K, no one could acquire land there. J&K was exempt from financial emergencies. Kashmir has never had an issue with overcrowding or overpopulation since no one from outside the state may enter and reside there. Because employment possibilities were few in J&K, many young people turned to terrorism. There was a low GDP and a high level of corruption. China had acquired 10% of Kashmir after independence, whereas Pakistan had grabbed 30% of Kashmir. Only 60% of Kashmir is still in India’s possession. Article 370 was enacted as a temporary measure, which allowed India to repeal it and eventually unite J&K with the rest of the states.

5. What is the end result of Article 370?

Article 370’s revocation will have a favourable influence. It has the potential to help both the people of J&K and the rest of India. People in J&K will suddenly have a plethora of job options. A number of business opportunities will arise. Girls from J&K can now marry anyone in India. Their gross domestic product will rise. People from other states can now invest in J&K. They can establish manufacturing units, resulting in more work prospects for individuals in J&K. Foreign investors were also looking forward to the repeal of Article 370, therefore we should see an increase in FDI in J&K. Let us all wish for a strong, united, and prosperous India.

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Article 370 of the Indian Constitution Essay
Article 370 Essay: One of the highly controversial topics in the country from last year was the abrogation of article 370.Given the depth of the impact it will have on the Indian subcontinent as well as on the people of Kashmir, lots of debates have happened over this particular article in the Indian constitution.
Essay on Article 370 of Indian Constitution
Learn about the history, advantages and disadvantages of Article 370, the special provision that gave Jammu and Kashmir more powers than other states. Find out how it was scrapped in 2019 and what are the consequences for the state and its people. Read long and short essays in English for children and students.
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Under Article 370: The Constituent Assembly of Jammu & Kashmir was empowered to recommend which articles of the Indian Constitution should apply to the state, The J&K Constituent Assembly was dissolved after it drafted the state's constitution. Clause 3 of the article 370 gives the President of India the power to amend its provisions and scope.
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Through this essay on Article 370, one will learn how Article 370 of the Indian Constitution gave special status to Jammu and Kashmir, which is located in the northern part of the Indian subcontinent. This state has been administered by India since 1954.
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On 11 th December 2023, the Hon'ble Supreme Court of India delivered a historic judgment on the abrogation of Articles 370 and 35A.Through its judgment, the Court has upheld the sovereignty and integrity of India, something that every Indian cherishes.The Supreme Court observed that the decision taken on 5 th August 2019 to abrogate Article 370 which ended the special status of the erstwhile ...
Article 370 of the Constitution of India
Article 370 of the Indian constitution [a] gave special status to Jammu and Kashmir, a region located in the northern part of the Indian subcontinent and part of the larger region of Kashmir which has been the subject of a dispute between India, Pakistan and China since 1947. [4] [5] Jammu and Kashmir was administered by India as a state from ...
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The Supreme Court of India delivered a landmark judgment on December 11, 2023 upholding the constitutional validity of the abrogation of Article 370 of the Indian Constitution. This provision had granted special autonomous status to the state of Jammu and Kashmir. In a unanimous verdict by a five-judge Constitution bench, the apex court ruled that the Presidential Orders of August 5, 2019 ...
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The purpose of Article 370 was to give Jammu and Kashmir a temporary and transitional arrangement. This was until the state's constituent assembly determined the extent to which the Indian Constitution would apply to it. The state assembly had the authority to recommend the abrogation of Article 370. However, it dissolved itself without doing so.
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Abstract. Article 370 of the Constitution of India relating to the State of Jammu and Kashmir is now over sixty years old. The Constitution came into force on 26 January 1950 and with it, this unique provision. All other provisions were debated in the Constituent Assembly of India after deliberations in its Drafting Committee and, sometimes, in ...
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Subsequently, the President of India Rajendra Prasad issued his first order, the Constitution (Application to Jammu and Kashmir) Order, 1950, under Article 370, which specified the scope and full extent of the powers that the Parliament would exercise in Jammu and Kashmir.The Instrument of Accession had agreed that the Union would govern external affairs, communications and defence of the State.
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Summary . A Constitution Bench of the Supreme Court of India unanimously upheld the power of the President to abrogate Article 370 of the Constitution, which, in August 2019, led to the reorganisation of the state of Jammu and Kashmir (J&K) into two Union Territories and denuded it of its special privileges.
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In this Article 370 essay, we will learn about article 370 Kashmir, who drafted article 370 & when was article 370 removed. On 5 August 2019, the President of India issued the Constitution (Application for Jammu and Kashmir) Order, 2019 in the exercise of the powers conferred by clause (1) of Article 370 of the Constitution.
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The abrogation of Article 370 of the Indian Constitution in August 2019 marked a significant turning point in the history of the Indian subcontinent. This paper aims to comprehensively analyse the decision to revoke the special status of the state of Jammu and Kashmir and its implications on the region, as well as the wider political and socio ...
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Article 370 of the Constitution: A Timeline

Maharaja Hari Singh Signs the Instrument of Accession

Constitution of India Comes Into Force | January 26

The President Issues First Constitutional Order Under Article 370 | January 26

Constituent Assembly of Jammu and Kashmir is Formed

The Delhi Agreement is Formed

President issues the Constitutional Order of 1954, Implements Delhi Agreement

Constitution of Jammu and Kashmir Comes Into Force

SC Holds that All Presidential Orders are Subject to the Approval of the Constituent Assembly

SC holds that President Has Wide Powers to Amend Constitutional Provisions in Jammu and Kashmir

SC Holds that Article 370 is a Permanent Feature of the Constitution

SC Holds that the President Can Amend Interpretation of Certain Words Through Article 370

SC Holds: Article 370 will Cease to Operate Only After the Recommendation of the Constituent Assembly

Governor’s Rule in Jammu and Kashmir | June 20

Jammu and Kashmir under Presidents Rule | December 19

Presidents Rule Extended by 6 Months | June 12

President Issues an Order Amending the Meaning of ‘Constituent Assembly’ | August 5

Abrogation of Article 370 | August 6

Jammu and Kashmir is Bifurcated into Two Union Territories | August 9

Constitutionality of the Presidential Order is Referred to a 5-Judge Bench | August 28

Supreme Court Refuses to Refer the Matter to a Larger Constitution Bench

Article 370 is Listed Before a New 5-Judge Bench | July 3

Constitution Bench to Start Hearing the Challenge from August 2nd 2023 | July 11

Constitution Bench Reserves Judgement | 5 September

Constitution Bench upholds Union’s abrogation of Article 370 | 11 December

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Supreme Court Upholds Abrogation of Article 370

Supreme Court Verdict On Article 370