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:

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Speech on Article 370 of Constitution of India

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Article 370 of the Indian Constitution Essay | Article 370 Essay for Students and Children in English

February 14, 2024 by Prasanna

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. It has created a political and legal storm in the county.

In this particular article 370 of the Indian constitution essay, we shall be talking about what the article is, a brief history of the law, and what will be the future of Kashmir and India with respect the abrogation of the law. A comprehensive article 370 of the Indian constitution essay can be used by students aspiring for IAS or IPS (UPSC Civil services) examination in the country.

You can read more Essay Writing about articles, events, people, sports, technology many more.

Long and Short Essays on Article 370 of the Indian Constitution for Students and Kids in English

If you are searching for a detailed, informative and comprehensive essay on article 370 of the Indian constitution, then we have provided two different essays, each with good content in it. A 600-word article 370 of the Indian constitution essay is helpful for students of classes 7,8,9 and 10, and a 200-word essay on article 370 of the Indian constitution is provided below for students of class 6, 7, 8, 9 and 10. This model essay can also be used by UPSC civil services aspirants as well.

Long Essay on Article 370 of the Indian Constitution Essay 600 Words in English

When India obtained its independence from the British rule in the year 1947, many states such as the Deccan, Mysore region and Madras presidency joined the Indian union. Some were forced to join and others were given a choice of sorts. Kashmir, given the population of Muslims in the region, was reluctant to join either of the forces on their sides i.e, India or Pakistan. In the year 1949, October article 370 was added to the Indian constitution on a temporary basis under Maharaja Hari Singh and congress leader Sheikh Abdulla. And ever since that day, article 370 has been a part of Jammu and Kashmir rule until 2019 when it was abrogated.

What is Article 370 of the Indian Constitution?

Article 370 of the Indian constitution is a special provision in the Indian constitution which allows the state of Jammu and Kashmir to draft its own constitution and put curbs on the power of the Indian Union over the state of Jammu and Kashmir. Basically, it granted a high amount of autonomous powers to the Jammu and Kashmir legislature.

Except for defence, communication, foreign affairs and financier, the Jammu and Kashmir leaders had enormous power over the states without the impending influence of the Indian central government. Leaders have used the powers of article 370 to form their own laws and put in place restrictions for the people of Jammu and Kashmir. This special status will empower the state with a separate constitution, flag and national anthem. Also, the people of Jammu and Kashmir will be eligible for dual citizenship. The assembly of the state can make its laws for land and properties, and they have banned people outside Jammu and Kashmir to buy land in the state.

All this came to a sudden halt when article 370 was abrogated in 2019. As this article 370 of the Indian constitution essay in being written, a curfew is imposed all over the state of Jammu and Kashmir, for over a year now, to prevent unrest and violence in the state as a result of the abrogation of article 370.

Now that the special powers are taken away from the government of Jammu and Kashmir, two new union territories in India is formed, which are a union territory of Jammu and Kashmir and Union territory of Ladakh, Leh and Kargil. The whole region is under the control of the Indian central government and AFSPA (Armed Forces Special Powers Act), which gives powers to the Indian army to detain anyone suspicious without any kind of accountability and trial, is put in place in certain sensitive regions of the state.

Some say the abrogation was unconstitutional and authoritarian in nature. But the fact of the matter is that abrogation has caused enormous amounts of unrest in the state with curfews being imposed for over a year now and an unspeakable amount of humanitarian crisis looming over the state of Jammu and Kashmir.

Why was article 370 abrogated?

There are plenty of reasons that the central government has given to the people asking the reason for the abrogation of the article. Some of the reasons are:

To prevent terrorist operation across the border
To prevent human rights violations happening in the state
To maintain law and order properly
To develop a sense of inclusion for the people of Jammu and Kashmir into the Union of India
To develop the state economically and make it socially stable

These were a few of the reasons that the central government gave in defence of the abrogation of article 370.

Irrespective of what the future holds of Kashmiris, they’ve been under humanitarian crisis and turmoil for more than 6 decades now. With or without article 370, an entire generation of Kashmiris has been bearing the brunt of military power, both from the Indian army as well as the Pakistani army. Kashmir should not be a guinea pig for a bigger diplomatic war between India and Pakistan.

Thousands of people (both civilians and soldiers) have been killed and thousands of crores of money has been spent on military resources in the state. Kashmir is one of the most militarized zones in the country. A proper and long-lasting solution has to be found out for the people of Jammu and Kashmir so that they prosper and grow in the future.

Short Essay on Article 370 of the Indian Constitution Essay 200 Words in English

Find below a 200-word essay on article 370 of the Indian constitution essay for students of classes 1,2,3,4,5 and 6, and also for UPSC civil services aspirants

Article 370, which was introduced to the Indian constitution first in the year 1949, has been in place for more than 6 decades now. The instrument of accession was signed by the then Maharaja Hari Singh, the ruler of the princely state of Jammu and Kashmir. This helped the state of Jammu and Kashmir to accede to the Indian union. And ever since 1949, article 370, which was supposed to be a temporary provision in the Indian constitution, has been in place for more than 6 decades now. Article 370 empowers the state of Jammu and Kashmir to have its own constitution and laws which fall under both concurrent and union list, except for the matter of finance, communication, defence and foreign affairs. This article has given the leaders of Jammu and Kashmir region enormous powers and autonomy from the Indian union. While some say this article was misused by leaders to collaborate with Pakistan and increase terror operation in India, some argue that autonomy has helped the people of Kashmir.

In 2019, article 370 was abrogated by the Central government and turned the state of Jammu and Kashmir into two union territories namely, a union territory of Jammu and Kashmir and Union territory of Ladakh, Leh and Kargil.

10 Lines on Article 370 of the Indian Constitution Essay

Article 370 gives special powers and status to the Indian state of Jammu and Kashmir.
Article 370 of the Indian constitution was formed in the year 1949, 17th of October.
It empowers the state to form its own constitution other than the Indian constitution.
It empowers the Jammu and Kashmir legislature to take decisions independently on all fronts except in the matters of communication, defence, foreign affairs and finance.
Article 370 of the Indian constitution was abrogated in 2019 by the Indian government.
Kashmir problem, where both India and Pakistan exercises its right over the territory, is the reason why article 370 was formed.
The autonomous power that is given to Jammu and Kashmir resulted in increased terrorist operations across the borders.
State of Jammu and Kashmir was removed and two new union territories were formed which are a union territory of Jammu and Kashmir and Union territory of Ladakh, Leh and Kargil.
Kashmir is one of the most militarized zones in the whole world.
Kashmir has been in curfew for a year now, since the abrogation of article 370.

FAQ’s on Article 370 Essay

Question 1. What happens if article 370 is removed?

Answer: Special powers will be taken away from the government of Jammu and Kashmir and the state will be obligated to abide by all the clauses in the Indian constitution

Question 2. What are the advantages of removing article 370?

Answer: Ownership of land, decrease in terror operations and increased control by the Indian government over cross border infiltration are some the advantages of removing article 370

Question 3. Why does Pakistan want Kashmir?

Answer: Kashmir is a diplomatically and strategically apt location for both counties to establish their power. Also, Kashmir is rich in natural resources, which is why Pakistan wants Kashmir to be part of their country

Question 4. Why is Kashmir the most militarized zone in the world?

Answer: To prevent civil unrest and cross border terrorism, the Indian Army has deployed soldiers in high numbers in sensitive regions of Kashmir

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article 370 of indian constitution essay

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School Education /

Essay on Article 370 for Students in 500 Words

Updated on
Jun 26, 2024

Essay on Article 370: Article 370 of the Indian Constitution gave the State of Jammy and Kashmir a special status. However, on 5 August 2019, the Indian Government abrogated this special status and bifurcated the state into two union territories; Jammu and Kashmir, and Ladakh. Left-wing extremists have raised their concerns over the removal of this special status but the government and the Indian Military have welcomed this decision as it will reduce cross-border terrorism in the valley. Today, we will discuss sample essays on Article 370 for school students.

Table of Contents

1.1 Historical Context and Provisions
1.2 The Need for Change
1.3 The Abrogation of Article 370
1.4 Impacts of the Abrogation
1.5 Challenges and Criticisms
1.6 Conclusion

Essay on Article 370 in 500+ Words

On 5 August 2019, the Indian Government issued a Presidential order to remove Article 370, followed by the Jammu and Kashmir Reorganisation Act, 2019. This act converted the state into two Union Territories: Jammu and Kashmir, and Ladakh. This essay delves into the implications of this decision, the historical context of Article 370, and the debates surrounding its abrogation.

Historical Context and Provisions

Article 370 was incorporated into the Indian Constitution on October 17, 1949, to grant special autonomy to Jammu and Kashmir. This special status was rooted in the Instrument of Accession signed by Maharaja Hari Singh in 1947, which allowed Jammu and Kashmir to accede to India on matters of defence, foreign affairs, and communications. The state was exempted from the complete applicability of the Indian Constitution and had the power to form its own Constitution. The central government’s power was limited, and certain central laws could be extended to the state only with the concurrence of the state government.

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The Need for Change

Over the decades, Jammu and Kashmir became a flashpoint for conflicts, notably between India and Pakistan, leading to wars in 1947, 1965, 1971, and the Kargil conflict in 1999. The special status under Article 370 contributed to a sense of isolation and alienation among the people of Jammu and Kashmir. Critics argued that this provision hindered economic development, allowed for the perpetuation of outdated laws, and fostered a breeding ground for terrorism.

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The Abrogation of Article 370

On August 5, 2019, the Indian Government, led by Prime Minister Narendra Modi, took a historic step to revoke Article 370. This move was justified on the grounds of integrating Jammu and Kashmir more closely with the rest of India, promoting economic development, and curbing terrorism. The decision was passed by a two-thirds majority vote in both houses of Parliament, reflecting significant political support.

Quick Read: 2-Minute Speech on Article 370

Impacts of the Abrogation

Economic Development: With the abrogation of Article 370, private investors can now invest in Jammu and Kashmir, leading to job creation and economic growth. The region’s integration into the national market is expected to open up new opportunities.
Social Integration: The removal of Article 370 aligns Jammu and Kashmir with the rest of India, fostering a sense of unity. Citizens of other states can now buy land in the region, promoting social and cultural integration.
Women’s Rights: The abrogation has rectified gender-discriminatory laws. Previously, women who married non-residents lost their property rights. Now, women have equal property rights regardless of their marital status.

Challenges and Criticisms

Political Discontent: The decision to abrogate Article 370 has faced significant opposition, particularly from political leaders in Jammu and Kashmir who argue that it undermines the region’s autonomy and unique identity.
Security Concerns: There have been concerns about increased security risks and unrest in the region. The central government has deployed additional security forces to maintain peace, but the situation remains tense.
Legal Challenges: Several petitions have been filed in the Supreme Court of India challenging the constitutional validity of the abrogation. The legal battle over Article 370 continues, adding to the uncertainty.

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The abrogation of Article 370 marked a significant turning point in the history of Jammu and Kashmir. While it aimed to integrate the region fully into India and promote development, it also raised important questions about federalism, autonomy, and states’ rights. Understanding the multifaceted impacts of this decision requires a nuanced analysis of its potential benefits and the concerns it raises. As India navigates the post-Article 370 era, the outcomes of this decision will continue to shape the region’s future and the broader national discourse.

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Ans: Jammu and Kashmir, an Indian state, was granted special status under Article 370. This article made it possible for J&K to have a unique government, constitution, and other special statuses. The State of Jammu and Kashmir did not implement the rulings of the Indian Supreme Court or the Indian Government.

Ans: The Indian Constitution’s Article 370 gave the state of Jammu and Kashmir special status. It gave the state the authority to fly its flag, establish its constitution, and run its internal affairs independently. Article 370 was meant to provide Jammu and Kashmir with a provisional, interim framework.

Ans: The same day, Advocate Manohar Lal Sharma filed a petition under Article 32 challenging the constitutionality of the dilution of Article 370.

Aayushi Vardhan

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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.

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.

Also check:

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

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

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.

If you’re looking for more, here are essays on other interesting topics:

Happy studying!

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Article 370 and 35(A) Revoked

05 Aug 2019
GS Paper - 2
Indian Constitution
Government Policies & Interventions

On 5 th of August 2019, the President of India promulgated the Constitution (Application to Jammu and Kashmir) Order, 2019.

The order effectively abrogates the special status accorded to Jammu and Kashmir under the provision of Article 370 - whereby provisions of the Constitution which were applicable to other states were not applicable to Jammu and Kashmir (J&K) .
According to the Order, provisions of the Indian Constitution are now applicable in the State.
This Order comes into force “at once”, and shall “supersede the Constitution (Application to Jammu and Kashmir) Order, 1954.”
A separate Bill - the Jammu and Kashmir Reorganisation Bill 2019 - was introduced to bifurcate the State into two separate union territories of Jammu and Kashmir (with legislature) , and Ladakh (without legislature).
Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 was also introduced to extend the reservation for Economically Weaker Sections (EWS) in educational institutions and government jobs in Jammu and Kashmir.

J&K acceded to the Dominion of India after the Instrument of Accession was signed by Maharaja Hari Singh, the ruler of the princely state of Jammu and Kashmir, on 26 October 1947.
Article 370 of the Indian Constitution provided that only Articles 1 and 370 itself would apply to J&K. The application of other Articles was to be determined by the President in consultation with the government of the state.
The Constitution Order of 1950 specified the matters on which the Union Parliament would be competent to make laws for J&K, in concurrence with the Instrument of Accession - 38 Subjects from the Union List were added.
Indian citizenship and all related benefits (fundamental rights) were extended to the 'permanent residents' of Jammu and Kashmir.
Article 35A was added to the Constitution (empowering the state legislature to legislate on the privileges of permanent residents with regard to immovable property, settlement in the state and employment)
The jurisdiction of the Supreme Court of India was extended to the State.
Central Government was given the power to declare a national emergency in the event of external aggression. The power in case of internal disturbances could be exercised only with the concurrence of the State Government.
Normalized the financial relations between the Centre and J&K

Article 370 - Features and Provisions

Present in part XXI of the Indian Constitution which comprises of Temporary, Transitional and Special Provisions with rest to various states of India.
Forms the basis of the “Special Status” of J&K.
Provides for a separate Constitution of J&K.
Limits the Union Parliament’s power to make laws for J&K to those subjects mentioned in the Instrument of Accession (defense, foreign affairs, and communications) and others as and when declared by the Presidential Orders with the concurrence of the Government of the State.
Specified the mechanism by which the Article shall cease to be operative. That is, on the recommendation of the Constituent Assembly of the State before the President issues such a notification. However, this provision has been amended by the Constitution (Application to Jammu and Kashmir) Order, 2019.

Was it Temporary

The Article was introduced to accommodate the apprehensions of Maharaja Hari Singh who would not have acceded to India without certain concessions.
Territorial integrity was of paramount importance to India post-independence, thus, such a special provision was inducted in the constitution.
The provision, however, is part of the “Temporary, Transitional and Special Provisions” of our constitution.
Moreover, Article 370 could be interpreted as temporary in the sense that the J&K Constituent Assembly had a right to modify/delete/retain it; it decided to retain it.
Another interpretation was that accession was temporary until a plebiscite.

Issues in Revoking

Article 370 is the bedrock of the constitutional relationship between Jammu and Kashmir and the rest of India.
It has been described as a tunnel through which the Constitution is applied to J&K.
India has used Article 370 at least 45 times to extend provisions of the Indian Constitution to J&K. This is the only way through which, by mere Presidential Orders, India has almost nullified the effect of J&K’s special status.
By the 1954 order, almost the entire Constitution was extended to J&K including most Constitutional amendments.
However, abrogating the article altogether may threaten the peace in the state which is already a hotspot of conflicts and militancy.
It will completely change the relationship between the state and the rest of India.
It will also clear the path for abrogating Article 35A which would allow Indian citizens to purchase land and settle permanently in J&K.
Thus, the move is bound to have a s ignificant impact on the demography, culture, and politics of J&K.

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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Home / clat pg / Article 370 of Constitution of India: Analysis of the Controversy surrounding Autonomy in Jammu and Kashmir

Article 370 of constitution of india: analysis of the controversy surrounding autonomy in jammu and kashmir.

TABLE OF CONTENTS

Conclusion

Introduction

In August 2019, the Indian government, led by the Bharatiya Janata Party (BJP), made a historic decision to revoke Article 370 of Constitution of India , which granted special autonomy to Jammu and Kashmir.

This move hailed as a “correction of a historical blunder,” sparked intense debate and controversy in India and internationally. This comprehensive article will delve into the reasons behind the revocation, the significance of Article 370 , its legal implications, and the ground realities it has brought about.

Origins of Article 370 of Constitution of India

Article 370 was introduced into the Indian Constitution in 1949, primarily in response to the unique circumstances surrounding Jammu and Kashmir’s accession to India after gaining independence from British colonial rule in 1947.

The then-Maharaja of Jammu and Kashmir, Hari Singh, initially sought to remain independent or join Pakistan. However, the invasion by tribal militias supported by Pakistan forced him to accede to India in October 1947.

To address the distinct circumstances of J&K, Article 370 was incorporated into the Constitution, providing temporary provisions for the state’s governance within the Indian Union. This article recognized Jammu and Kashmir as a “special category” state, granting it considerable autonomy.

Article 370 of Constitution of India

Article 370 granted Jammu and Kashmir substantial independence. The state had its own Constitution, a separate flag, and considerable powers over various aspects of governance, including law, order, and citizenship.

Limited Indian Jurisdiction

Under Article 370, Indian laws were applicable in Jammu and Kashmir only if the state government permitted them. This meant that only certain central laws were applied in the region upon the recommendation of the state legislature.

Special Status

Jammu and Kashmir enjoyed a unique status within the Indian Union, which made it distinct from other states and union territories. Delhi Agreement (1952): The Delhi Agreement, signed between Prime Minister Jawaharlal Nehru and Jammu and Kashmir Prime Minister Sheikh Abdullah, clarified the relationship between the state and the Indian Union. It granted J&K greater autonomy while reaffirming its accession to India.

What is the Kashmir Conflict?

Kashmir’s complex history and dispute.

Kashmir, a picturesque Himalayan region, has been a longstanding point of contention between India and Pakistan. Both countries claim the territory as their own. The roots of this dispute trace back to the end of British colonial rule in 1947, when the princely state of Jammu and Kashmir decided to join India. This decision led to a war between India and Pakistan, resulting in a ceasefire line that divided the region into Indian-administered and Pakistani-administered territories.

Decades of Insurgency and Violence

The Indian-administered part of Kashmir, known as the state of Jammu and Kashmir , has witnessed three decades of violence and conflict due to a separatist insurgency against Indian rule. This insurgency, fueled by demands for greater autonomy or even independence, has resulted in a significant loss of life and suffering in the region.

The Significance of Article 370

Granting autonomy to jammu and kashmir.

Article 370 of the Indian Constitution is a unique provision that grants the state of Jammu and Kashmir a considerable degree of autonomy. Under this article, the state had its own Constitution, a separate flag, and the power to make its laws, except in areas such as foreign affairs, defense, and communications, which remained under the central government’s control.

This special status allowed Jammu and Kashmir to formulate rules related to permanent residency, property ownership, and fundamental rights, even restricting non-Kashmiris from buying property or settling in the state.

Impact on India’s relationship with Kashmir

Article 370 played a pivotal role in shaping India’s relationship with Kashmir, mainly since it was the only Muslim-majority region to choose to join India during the partition. The provision symbolized the unique political arrangement between the state and the Indian Union.

Why did the Government revoke Article 370?

Bjp’s opposition to article 370.

The decision to revoke Article 370 was a longstanding goal of BJP. They argued that this provision needed to be scrapped to fully integrate Kashmir into India, placing it on an equal footing with other states. The BJP included this pledge in its 2019 election manifesto , and after securing a massive electoral mandate, the government decided to implement it.

Integration and Economic Motives

Critics of the move have suggested that it could be linked to India’s economic slowdown, providing a diversion for the government. Some Kashmiris fear that the BJP aims to change the demographic character of the Muslim-majority region by allowing non-Kashmiris to purchase land there.

Political and Geopolitical Considerations

The move also aligns with Prime Minister Modi’s desire to project a tough stance on Kashmir and Pakistan. It signals that the BJP government is determined to assert its control over the region and maintain a firm posture in the face of external diplomatic challenges.

Effect of Removal of Article 370 of Constitution of India

Abolishing special status.

With the revocation of Article 370, Kashmir lost its separate Constitution and is now governed by the Indian Constitution, like other states in the country. This means all Indian laws automatically apply to Kashmiris, and people outside the state can buy property there.

The government has asserted that this change will bring development to the region. Home Minister Amit Shah stated in Parliament that Articles 370 and 35A (which provided special rights to the state’s residents) hindered democracy, fostered corruption, and impeded regional development.

Territorial Reorganization

In addition to revoking Article 370, the Government decided to reorganize the state into two smaller, federally administered territories . One combines the Muslim-majority Kashmir region with the Hindu-majority Jammu region, while the other is Ladakh, a Buddhist-majority area with cultural and historical ties to Tibet. This reorganization was a significant structural change in the region’s governance.

Legal Implications and Challenges on Removal of Article 370

Constitutional controversy.

The revocation of Article 370 raised constitutional questions. According to the Constitution, any modification of Article 370 required the agreement of the “state constituent assembly” .

However, Jammu and Kashmir had been under federal rule for over a year without any consultation of any sort with the state government, and the Indian government has only argued that it had the right to make the changes. The decision of the constituent assembly it was further argued was not binding on the president.

Political Hurdles to Legal Challenges

Opposition political parties can potentially launch legal challenges to the revocation. However, given the emotional and sensitive nature of the Kashmir issue in India, most parties might be reluctant to oppose the move for fear of being branded as anti-India. As a result, the onus of any challenge may fall on individuals or activists.

Legal Precedents pertaining to the Conflicting Status

Prem nath kaul v. jammu & kashmir (1959).

This case challenged the Big Landed Estates Abolition Act of 1950 because it was unconstitutionally enacted. The Supreme Court upheld the Act and ruled that Article 370 did not limit the plenary legislative powers of the Maharaja.

Sampat Prakash v. Jammu & Kashmir (1968)

In this case, the challenge was against the 1959 and 1964 Presidential Orders made under Article 370(1) that extended the operational period of Article 35(c), which made preventive detention legislation immune to fundamental rights claims. The Supreme Court upheld the Presidential Orders, emphasizing that Article 370 would only dissolve upon the recommendation of the Constituent Assembly.

Mohd. Maqbool Damnoo v. Jammu & Kashmir (1972)

This case challenged the Jammu and Kashmir Preventive Detention (Amendment) Act, 1967, for violating Article 370(1). The Supreme Court upheld the amendment, taking into account the Jammu and Kashmir Governor’s concurrence and the changes in the state’s executive structure.

SBI v. Santosh Gupta (2016)

In this case, the Jammu & Kashmir High Court’s judgment was challenged, which ruled that specific provisions of a central law did not apply to Jammu & Kashmir. The Supreme Court overturned the decision, asserting Parliament’s legislative competence over the state and emphasizing the applicability of the Indian Constitution to Jammu and Kashmir.

Dr. Charu Wali Khanna v. UOI (pending)

This ongoing case challenges the validity of Article 35A, which provides for permanent residency laws in Jammu and Kashmir. The petitioners argue that it was introduced illegitimately and discriminates against women.

The Lingering Debate Around Article 35A

Historical context.

Article 35A has been a longstanding subject of legal controversy. This article was added to the Indian Constitution in 1954 through a Presidential Order that empowered the Jammu and Kashmir state legislature to define “permanent residents” and grant them special rights and privileges. These rights include exclusive property ownership and government job opportunities, among others.

Constitutional Challenge

The validity of Article 35A has been challenged on multiple fronts. Critics argue that it was introduced extra-constitutionally , bypassing the usual process of constitutional amendments. Furthermore, it has been criticized for gender discrimination as it empowers Article 6 of the Jammu and Kashmir Constitution, which disqualifies women who marry non-permanent residents from certain privileges.

The legal challenge to Article 35A remains an ongoing and contentious issue. Advocates for its retention argue that it is essential to protect the demographic and cultural character of the region. Conversely, opponents assert that it violates the principles of equality and inclusivity enshrined in the Indian Constitution.

Outlook for the Future

While the security situation has improved, an estimated 300 militants , primarily local youth, are still active in Kashmir.
The persistence of militancy is attributed to factors such as a shortage of arms and ammunition due to curbs imposed by the Pakistani army along the LoC.
Experts believe that the deep-rooted issues and alienation in the region will take time to address, possibly spanning one or two generations before lasting results can be seen.

The revocation of Article 370 in Jammu and Kashmir marks a significant and contentious moment in India’s history. It has far-reaching legal, political, and social implications. While the situation in Kashmir has witnessed significant changes, with a crackdown on separatist leaders, political transformations, and improved security along the LoC, at the same time, continued challenges related to militancy and civilian targeting persist.

While the government argues that the move will bring development and integration, it has also ignited passionate debates about the region’s future and the rights of its residents. The legal challenges ahead will determine the ultimate constitutionality of this decision, while the complex history and geopolitical considerations continue to make Kashmir a flashpoint in the region.

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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.

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

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Article 370 of Indian Constitution

What’s in today’s article?

Why in news, what is article 370 of the indian constitution, can article 370 be deleted, why is removal of special status of j&k being challenged in the sc.

Arguments Presented during the Ongoing SC Hearings wrt Article 370
The Supreme Court of India began hearing the constitutional challenge to the 2019 abrogation of Article 370 of the Constitution which granted special status to Jammu and Kashmir.

Article 370 is the first article of Part XXI of the Constitution - ‘ Temporary, Transitional and Special Provisions ’.
It exempts J&K from the application of the Constitution of India (except Article 1 and Article 370 itself) and permits the state to draft its own Constitution.
IoA was signed by Raja Hari Singh of the then princely state of J&K and Governor General Lord Mountbatten in 1947.
The IoA gave Parliament the power to legislate in respect of J&K only on Defence, External Affairs and Communications .
But for extending it to other matters, “ concurrence ” of the state government is mandatory .
Article 370 had been described as a tunnel through which the Constitution was applied to J&K.
By the 1954 order , almost the entire Constitution was extended to J&K including most Constitutional amendments.
Article 370(3) permits deletion by a Presidential Order. Such an order, however, is to be preceded by the concurrence of J&K’s Constituent Assembly.
Since such an Assembly was dissolved on January 26, 1957 , one view is it cannot be deleted anymore.
But the other view is that it can be done, but only with the concurrence of the State Assembly.
In 2019, the Constitution (Application to Jammu and Kashmir) Order 2019, issued by the President, withdrew the special status of J&K and extended all provisions of the Indian Constitution to J&K.
The J&K (Reorganisation) Act 2019 bifurcated J&K into two UTs - J&K was an UT with a Legislative Assembly; Ladakh was without an Assembly.

The SC will examine whether it is unconstitutional or violates the basic structure of the Constitution.
Article 370 is not only part of the Constitution but also part of federalism , which is basic structure. Accordingly, the court has upheld successive Presidential Orders under Article 370.
In S ampat Prakash (1969) the SC refused to accept Article 370 as temporary and said “Article 370 has never ceased to be operative”. Thus, it is a permanent provision.
The Delhi HC in Kumari Vijayalaksmi (2017) too rejected a petition that said Article 370 is temporary and its continuation is a fraud on the Constitution.
Article 35A was not passed as per the amending process given in Article 368, but was inserted on the recommendation of J&K’s Constituent Assembly through a Presidential Order.
Article 35A empowers the J&K legislature to define the state’s permanent residents and their special rights and privileges.
Since Article 35A predates basic structure theory of 1973 , as per Waman Rao (1981), it cannot be tested on the touchstone of basic structure.

Arguments Presented during the Ongoing SC Hearings wrt Article 370:

A temporary provision: Since the Article itself [370(3)] provides for the process through which it can be declared inoperative, it is a temporary provision.
While the Constitution of India came into force in 1950, the Constituent Assembly of J&K came into being only in 1951.
Yet, Article 370(3) makes a reference to the “Constituent Assembly of the State.”
Any change to the relationship between the State of J&K and the Indian Union could only be brought about on the recommendation of the Constituent Assembly of the State.
Once the Constituent Assembly ceased to exist (1951-1957), the Article became a permanent feature of the Constitution.

Q1) What is Article 368 of the Indian Constitution?

According to Article 368 of the Indian Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.

Q2) What is Article 1 of the Indian Constitution?

Article 1 of the constitution says that India, that is Bharat, shall be a union of states and the territory of India consists of that of the states, union territories specified in the First Schedule and other acquired territories.

Source: As Article 370 hearings begin, question of the ‘temporary’ provision | IE

Abrogation of Article 370: Political Attack or Step for Holistic Democracy?

6(5) IJLMH Page 2343-2356 (2023), DOI: https://doij.org/10.10000/IJLMH.116040

15 Pages Posted: 20 Nov 2023

Tanya Bhattamishra

University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University

Date Written: October 16, 2023

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- economic landscape of India. This paper begins by providing a historical context of Article 370 and its evolution, shedding light on the unique provisions that granted the state of Jammu and Kashmir a level of autonomy distinct from other Indian states. Following this, it delves into the complex legal and constitutional dimensions that surrounded the abrogation process. The paper then examines the geopolitical consequences of this monumental decision, with a focus on its impact on India-Pakistan relations and the security dynamics in the region. The paper also explores the implications for the residents of Jammu and Kashmir, including the altered demographics and the socio-economic challenges faced by the region in the post-370 era. Through a multidisciplinary approach that integrates historical, legal, political, and socio- economic perspectives, this paper aims to provide a comprehensive understanding of the abrogation of Article 370 and its far-reaching consequences. It underscores the complex interplay of factors that have shaped the region and the nation, and it invites further discussion on the impact of this historic event on the ongoing challenges and opportunities facing the people of Jammu and Kashmir and the Indian subcontinent as a whole. The paper finally closes by making a harms-benefits analysis of the impact that Article 370 has left on the modern Jammu and Kashmir and Ladakh region.

Keywords: Article 370, Jammu & Kashmir, President Rule, Abrogation, Requirement, Implications

Suggested Citation: Suggested Citation

Tanya Bhattamishra (Contact Author)

University school of law and legal studies, guru gobind singh indraprastha university ( email ).

GGS Indraprastha University, C-Block Main Road, Sector 16C, Dwarka, Delhi- 110078 New Delhi, Delhi 110078 India

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Article 370

Topics Covered:

Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.

What to study?

For Prelims: Key features of Article 370 and related facts.

For Mains: Arguments in favour and against the removal of Article 370, what is the right move and can an amendment solve the issue?

Context : The government has said that Article 370, which provides for special status to Jammu and Kashmir, is a temporary provision in the Constitution and Article 35A , which gives special rights to the natives of the state, was added through a Constitution order issued by the President of India .

The reply came in response to a question on whether the government is going to repeal articles 370 and 35A and whether repeal of these articles in any way violate United Nations regulations or any international obligation of the country .

What is Article 370?

Article 370 of the Indian Constitution is a ‘ temporary provision ’ which grants special autonomous status to Jammu & Kashmir.

Under Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special provisions”, the state of Jammu & Kashmir has been accorded special status under Article 370.

All the provisions of the Constitution which are applicable to other states are not applicable to J&K.

Important provisions under the article:

According to this article, except for defence, foreign affairs, finance and communications, Parliament needs the state government’s concurrence for applying all other laws. Thus the state’s residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.
Indian citizens from other states cannot purchase land or property in Jammu & Kashmir .
Under Article 370, the Centre has no power to declare financial emergency under Article 360 in the state . It can declare emergency in the state only in case of war or external aggression. The Union government can therefore not declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.
Under Article 370, the Indian Parliament cannot increase or reduce the borders of the state .
The Jurisdiction of the Parliament of India in relation to Jammu and Kashmir is confined to the matters enumerated in the Union List, and also the concurrent list . There is no State list for the State of Jammu and Kashmir.
At the same time, while in relation to the other States, the residuary power of legislation belongs to Parliament, in the case of Jammu and Kashmir, the residuary powers belong to the Legislature of the State, except certain matters to which Parliament has exclusive powers such as preventing the activities relating to cession or secession, or disrupting the sovereignty or integrity of India.
The power to make laws related to preventive detention in Jammu and Kashmir belong to the Legislature of J & K and not the Indian Parliament. Thus, no preventive detention law made in India extends to Jammu & Kashmir.
Part IV (Directive Principles of the State Policy) and Part IVA (Fundamental Duties) of the Constitution are not applicable to J&K.

How should the centre counter the growing unrest in the region?

Focus on investing in J&K’s infrastructure .
Absence of an effective information and communication plan has hobbled the government’s ability to respond even when it is on the moral high ground. This must be immediately corrected.
Standard operating procedures must require the use of lethal force only when there is an imminent threat to life and property, force should be used proportionately and not as a punitive measure.
What is needed at the moment is the deployment of new socio-cultural resources, and a new operational culture to wind down the militancy without alienating more locals who could either join or influence their relatives and friends to join various terrorist organisations.
Lethal force should be the last resort , used only when lives are threatened. Promptly investigating allegations of abuses and prosecuting those responsible is key to resolving this mess.
Externally , wide-ranging peace talks between India and Pakistan, the Indian administration and ‘azaadi’ groups is needed and internally , peace-building on the ground by multiple stakeholders involved is necessary.

Article 35 A: It lets the J&K Legislature decide the “permanent residents” of the State, prohibits a non-J&K resident from buying property in the State and ensures job reservation for its residents.

Sources: the Hindu.

Mains Question: Critically comment on the history of Article 370 of the Indian Constitution, its implications and relevance for the Union of India.

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"Article 370 Can Only Be Restored By Government, Not Any State": Ghulam Nabi Azad

Prime Minister Narendra Modi and Home Minister Amit Shah have already committed to restoring the statehood, he said.

He urged people not to be "exploited" by false promises and slogans (File)

Asserting that Article 370 can only be restored by the Government of India, chairman of the Democratic Progressive Azad Party (DPAP) Ghulam Nabi Azad, took a dig at the National Conference (NC) and the Congress over the "restoration of statehood" of Jammu and Kashmir.

Mr Azad said that people are enthusiastic as they are participating in elections after ten years.

"Neither the National Conference nor the PDP spoke in Parliament on Article 370 and statehood. I spoke on it. The prime minister and the home minister had said they would restore statehood," Mr Azad told reporters here.

Mr Azad, responding to a question about the demands of the NC and the Congress to restore statehood and Article 370, further said, "Article 370 can only be restored by the Government of India, not any state."

Congress MP Rahul Gandhi warned the BJP-led Union government Wednesday, vowing that the opposition INDIA bloc will "hit the road and use full force" both inside and outside Parliament if Jammu and Kashmir's statehood is not restored after the assembly elections.

Mr Azad, who was campaigning for his party's candidate in the Bani Assembly of the Kathua district, said there is immense enthusiasm among people for the polls.

"There is huge enthusiasm among the people as they are participating in these elections after ten years," he added.

Mr Azad addressed a public meeting in Bani, where he appealed to people for unity and urged them to vote for development and progress. He urged people not to be "exploited" by false promises and slogans.

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"By voting for the DPAP, we believe the people of Bani can pave the way for a prosperous and inclusive future," he said, adding, "Together, we shall rebuild Jammu and Kashmir."

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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The elections are Indian-controlled Kashmir’s first such election in a decade. Indian Prime Minister Narendra Modi’s government scrapped the region’s semi-autonomy in 2019 when he revoked Article 370 of India’s constitution. Many voters now want to bring that article back. (AP video shot by Mehraj ud Din)

India-controlled Kashmir goes to polls, with residents voting for restoration of statehood

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Home / clat pg / Article 370 of Constitution of India: Analysis of the Controversy surrounding Autonomy in Jammu and Kashmir

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Article 370 of Constitution of India

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