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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 of Indian Constitution

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

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

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

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

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

Short Essay on Article 370 – (200 Words)

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

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

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

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

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

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

Essay on Article 370: Enforcement – (300 Words)

Introduction

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

The Origin of Article 370 of the Indian Constitution

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

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

Special Status Given to Jammu and Kashmir

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

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

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

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

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

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

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

Advantages of Article 370 of the Indian Constitution

Here is a look at the advantages of Article 370:

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

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

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

Disadvantages of Article 370 of the Indian Constitution

Here is a look at the disadvantages of Article 370:

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

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

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

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

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

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

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

Long Essay on Article 370 – (500 words)

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

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

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

Special Provisions in Jammu and Kashmir as per Article 370

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

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

Changes after the Revocation of Article 370

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

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

The Atmosphere in J&K as Article 370 Revoked

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

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

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

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

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

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

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

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

Bill to Revoke Provisions of Article 370

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

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

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

Mixed Reactions on Revocation of Article 370

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

Parties that Supported the Decision

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

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

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

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

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

Parties that Opposed the Decision

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

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

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

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

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

Related Information:

Essay on Article 35A of Indian Constitution

Speech on Article 370 of Constitution of India

Essay on Article 15 of Indian Constitution

Speech on Constitution of India

Speech on National Constitution Day

Essay on National Constitution Day

Essay on Constitution of India

Essay on Section 377 of Indian Penal Code

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Article 370 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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• School Education /

Essay on Article 370 for Students in 500 Words

• Updated on  
• Oct 19, 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 divided the state into two union territories: Jammu & 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 of Article 370
• 1.2 The Need for Change
• 1.3 The Abrogation of Article 370
• 1.4 Impacts of the Abrogation of Article 370
• 1.5 Challenges and Criticisms Faced by Article 370
• 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 & 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 of Article 370

Article 370 was included in 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.

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Impacts of the Abrogation of Article 370

The abrogation of Article 370 led to many positive impacts on the region of Jammu & Kashmir. Some of the impacts are given below.

• 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 Faced by Article 370

Apart from the positive impacts, it also faced some challenges from the critics. Some of them are mentioned below.

• 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.

Ans: Article 370 of the Indian constitution grants special status to the state of Jammu and Kashmir. This article allows Jammu and Kashmir to have its own constitution and laws, with the exception of defence, foreign affairs, finance, and communications, which are governed by the Indian government. This article was introduced in 1949, with the aim of providing temporary provisions following the state’s accession to India after independence. Jammu & Kashmir is given a special status under Article 370 in comparison to the rest of India. Indian laws could not be applied to this state without the state government’s consent. This special status also gave the status to enact its own laws regarding property ownership for non-residents of the region. On August 5, 2019, Prime Minister Narendra Modi removed Jammu and Kashmir’s special status under Article 370. The region was also divided into two union territories: Jammu & Kashmir and Ladakh. This action received widespread support as well as criticism. Some considered it vital for national integration, while others were concerned about the impact on the region’s autonomy and identity. The abrogation of Article 370 remains a historic moment in India’s political and constitutional history.

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.

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The New York Times

Asia pacific | what is article 370, and why does it matter in kashmir.

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Asia Pacific

What is article 370, and why does it matter in kashmir.

By VINDU GOEL UPDATED Updated August 5, 2019

Disputed area

Kashmir, a mountainous valley that borders Pakistan and India, has been a center of conflict between the two nuclear-armed countries since the 1947 partition of British India.

At the time of the partition, the British agreed to divide their former colony into two countries: Pakistan, with a Muslim majority, and India, with a Hindu majority. Both nations covet Kashmir, which is Muslim majority, and occupy portions of it with military forces.

For decades, an uneasy stalemate has prevailed, broken by occasional military incursions, terrorist attacks and police crackdowns. But on Monday, the Indian government decided to permanently incorporate the territory it controls into the rest of India .

The administration of Prime Minister Narendra Modi revoked Article 370 of the Indian constitution, a 70-year-old provision that had given autonomy to the state of Jammu and Kashmir, which includes the Hindu-majority area of Jammu and the Muslim-majority Kashmir valley.

The government also introduced a bill to strip the region of statehood and divide it into two parts, both under direct control of the central government.

But Mr. Modi, a Hindu nationalist, had campaigned for re-election in part by stoking patriotic fervor against Muslim-led Pakistan. He promised the full integration of Kashmir, a cause which his party has championed for decades, and now he is delivering on that pledge.

Pakistan condemned India’s moves. Pakistan’s prime minister, Imran Khan, called on President Trump to follow through on an offer he made two weeks ago to mediate the Kashmir dispute.

What are the roots of the conflict?

In 1947, the sudden separation of the area into Pakistan and India prompted millions of people to migrate between the two countries and led to religious violence that killed hundreds of thousands.

afghanistan

Gilgit-Baltistan

Controlled by Pakistan

line of control

Controlled by India

Suicide bombing

Jammu and Kashmir

Left undecided was the status of Jammu and Kashmir, a Muslim-majority state in the Himalayas that had been ruled by a local prince. Fighting quickly broke out, and both countries eventually sent in troops, with Pakistan occupying about one-third of the state and India two-thirds.

The prince signed an agreement for the territory to become part of India. Regional autonomy, which was formalized through Article 370, was a key inducement.

Despite efforts by the United Nations to mediate the Kashmir dispute, India and Pakistan continue to administer their portions of the former princely territory while hoping to get full control of it. Troops on both sides of the so-called “line of control” regularly fire volleys at each other.

Muslim militants have frequently resorted to violence to expel the Indian troops from the territory. Pakistan has backed many of those militants, as well as terrorists who have struck deep inside India — most brutally in a four-day killing spree in Mumbai in 2008, which left more than 160 people dead.

What is Article 370?

Article 370 was added to the Indian constitution shortly after the partition of British India to give autonomy to the former princely state of Jammu and Kashmir until a decision was made about its rule. It limited the power of India's central government over the territory. A related provision gave state lawmakers the power to decide who could buy land and be a permanent resident -- a provision that irked many non-Kashmiris.

Although it was intended to be temporary, Article 370 says that it can only be abrogated with the consent of the legislative body that drafted the state constitution. That body dissolved itself in 1957, and India's Supreme Court ruled last year that Article 370 is therefore a permanent part of the constitution.

The Modi government disagrees and says the president of India, who is beholden to the ruling party, has the power to revoke the article.

Why did the conflict heat up this year?

The immediate cause was the Feb. 14 suicide bombing by a young Islamic militant, who blew up a convoy of trucks carrying paramilitary forces in Pulwama in southern Kashmir.

Indian aircraft responded to that attack by flying into Pakistan and firing airstrikes near the town of Balakot . The Indian government claimed it was attacking a training camp for Jaish-e-Mohammed, the terrorist group that claimed responsibility for the bombing.

The next day, Pakistani and Indian fighter jets engaged in a skirmish over Indian-controlled territory , and Pakistani forces downed an Indian aircraft — an aging Soviet-era MiG-21 — and captured its pilot. It was the first aerial clash between the rivals in five decades .

Pakistan quickly returned the pilot , easing the diplomatic tensions. But Mr. Modi exploited a wave of a nationalist fervor over the Pulwama attack as part of his re-election campaign that helped his Bharatiya Janata Party win a sweeping victory .

Pakistan’s prime minister, Imran Khan, was elected last year with the backing of his country’s powerful military, and he wants to show that he can stand up to India, even as his country’s economy is so weak that he sought bailouts from Saudi Arabia and China.

Will the United States and other global powers get involved?

On July 22, Mr. Trump hosted Mr. Khan at the White House. Although the meeting was focused on how to end the war in Afghanistan, Mr. Trump told reporters that Mr. Modi had asked him to help mediate the Kashmir dispute . Mr. Khan welcomed his involvement. The Indian government denied making any mediation request and has long insisted on direct negotiations with Pakistan to resolve the dispute.

Under Mr. Trump, American foreign policy has shifted away from Pakistan, a longtime recipient of American aid, toward India, which the administration views as a bulwark against China’s rising influence in Asia.

China, meanwhile, has become a close ally and financial patron of Pakistan . The Chinese government recently urged India and Pakistan to settle their conflicts through bilateral discussions. China shares a border with Jammu and Kashmir state, and India and China still do not agree on the demarcation line.

What is likely to happen next?

The constitutional changes, issued through a presidential order, could face legal challenges. Last year, India’s Supreme Court ruled that Article 370 could not be abrogated because the state-level body that would have to approve the change went out of existence in 1957.

“My view is that this presidential notification is illegal,” said Shubhankar Dam, a law professor at the University of Portsmouth in Britain and the author of a book on executive power in India. “The question is one of jurisdiction: Does the government of India have the power to do this?”

Pakistan, for its part, said it will “exercise all possible options to counter the illegal steps” taken by India.

Mr. Modi’s moves to integrate Kashmir into India are likely to be popular in much of the country. But there is widespread panic in Kashmir, where there have been decades of protests against Indian rule.

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RSTV: THE BIG PICTURE- ARTICLE 370- ABROGATION AND IMPLICATIONS

In an announcement with massive repercussions for Jammu and Kashmir, Home Minister Amit Shah announced in Rajya Sabha that the government has repealed Article 370 of the Constitution which grants special status to J&K. The government also decided to bifurcate the state into two Union territories – Jammu and Kashmir, which will have a legislature, and Ladakh, which will be without a legislature. Shah’s announcement was immediately followed by massive uproar in the Upper House with opposition MPs protesting in the Well of the House. Back in the Valley, three of Jammu and Kashmir’s most prominent politicians — Mehbooba Mufti, Omar Abdullah and Sajjad Lone are under house arrest amid a massive security-build up in the state. Internet services and mobile services have been suspended in several places and all public gatherings are banned in Srinagar district as section 144 was imposed from midnight.

What is article 370 Guaranteed By Constitution of India?

The Article 370 is defined under Part XXI of the Indian Constitution which deals with Temporary, Transitional and Special Provisions .

Though in this part (Part XXI) special provision are given to the states of Maharashtra, Gujarat, Nagaland, Assam, Manipur, Sikkim, Mizoram, Arunachal Pradesh and Goa, the special power and provision of J & K are nowhere when compared.

Article 370 restricts Indian parliament to make any laws for the state and it can only preside over the subjects like Defence, External Affairs, and communication.

Laws related to union and concurrent list in J & K can be passed only after consultation with the state government.

Brief Background of Article 370:

Article 370 of the Indian constitution is an article that gives autonomous status to the state of Jammu and Kashmir.

The article is drafted in Part XXI of the Constitution : Temporary, Transitional and Special Provisions.

The Constituent Assembly of Jammu and Kashmir, after its establishment, was empowered to recommend the articles of the Indian constitution that should be applied to the state or to abrogate the Article 370 altogether.

After the J&K Constituent Assembly later created the state’s constitution and dissolved itself without recommending the abrogation of Article 370 , the article was deemed to have become a permanent feature of the Indian Constitution .

While the article was created to give temporary, transitional, special provisions , it has become a Permanent feature .

In the years since Independence, this article was to be removed. But due to unwell administration and wars between India and Pakistan, this article has not been touched.

What is Article 35A?

Article 35A is a provision incorporated in the Constitution giving the Jammu and Kashmir Legislature a carte blanche to decide who all are ‘ permanent residents ’ of the State and confer on them special rights and privileges in public sector jobs, acquisition of property in the State, scholarships and other public aid and welfare.

The provision mandates that  no act of the legislature coming under it can be challenged for violating the Constitution or any other law of the land .

How did it come about?

• Article 35A was  incorporated into the Constitution in 1954 by an order of the then President Rajendra Prasad on the advice of the Jawaharlal Nehru Cabinet.
• The controversial  Constitution (Application to Jammu and Kashmir) Order of 1954 followed the 1952 Delhi Agreement entered into between Nehru and the then Prime Minister of Jammu and Kashmir Sheikh Abdullah, which extended Indian citizenship to the ‘State subjects’ of Jammu and Kashmir.
• The Presidential Order was  issued under Article 370 (1) (d) of the Constitution . This provision allows the President to make certain “exceptions and modifications” to the Constitution for the benefit of ‘State subjects’ of Jammu and Kashmir.
• So,  Article 35A was added to the Constitution as a testimony of the special consideration the Indian government accorded to the ‘permanent residents’ of Jammu and Kashmir.

Critical side of Article 35A:

How Article 35A is against the “very spirit of oneness of India” as it creates a “class within a class of Indian citizens”?

• It treats non-permanent residents of J&K as ‘second-class’ citizens .
• Non-permanent residents of J&K are  not eligible for employment under the State government and are also debarred from contesting elections .
• Meritorious students are denied scholarships and they cannot even seek redress in any court of law.
• Further, the issues of refugees who migrated to J&K during Partition are still not treated as  ‘State subjects’ under the J&K Constitution .
• It was inserted unconstitutionally, bypassing Article 368 which empowers only Parliament to amend the Constitution.
• The laws enacted in pursuance of Article 35A are  ultra vires of the fundamental rights conferred by Part III of the Constitution, especially, and not limited to, Articles 14 (right to equality) and 21 (protection of life) .

Ending Jammu & Kashmir’s special status in the Indian Union, the government has extended all provisions of the Constitution to the State in one go, downsized the State into two Union Territories and allowed all citizens to buy property and vote in the State .

In this regard, Union Minister for Home Affairs, Shri Amit Shah, introduced two bills and two resolutions regarding Jammu & Kashmir (J&K). These are as follows:

• Constitution (Application to Jammu & Kashmir) Order, 2019 {Ref. Article 370(1) of Constitution of India} – issued by President of India to supersede the 1954 order related to Article 370.
• Resolution for Repeal of Article 370 of the Constitution of India {Ref. Article 370 (3)}.
• Jammu & Kashmir (Reorganisation) Bill, 2019 {Ref. Article 3 of Constitution of India}.
• Jammu & Kashmir Reservation (2nd Amendment) Bill, 2019.

  Key changes:

• The President had used his powers under Article 370 to fundamentally alter the provision , extending all Central laws, instruments and treaties to Kashmir. However, the drastically altered Article 370 will remain on the statute books .
• While the Union Territory of Jammu and Kashmir will have a legislature , the one in Ladakh will not.
• The notification by the president has effectively allowed the entire provisions of the Constitution, with all its amendments, exceptions and modifications, to apply to the area of Jammu and Kashmir .
• The Bill proposes wide powers to the Lieutenant Governor of the proposed Union Territory of Jammu and Kashmir and makes it the “duty” of the Chief Minister of the Union Territory to “communicate” all administrative decisions and proposals of legislation with the LG.
• All Central laws and State laws of J&K would apply to the new Union Territories of J&K and Ladakh .
• Assets and liabilities of J&K and Ladakh would be apportioned on the recommendation of a Central Committee within a year.
• Employees of State public sector undertakings and autonomous bodies would continue in their posts for another year until their allocations are determined.
• The police and public order is to be with the Centre .
• The notification amends the expression “ Constituent Assembly ”, contained in the proviso to clause (3) of Article 370, to mean “Legislative Assembly”.

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.
• The role of the Chief Minister will be to communicate to the L-G all decisions of the Council of Ministers relating to the administration of affairs of the Union Territory and proposals for legislation and to furnish such information relating to the administration of affairs as the L-G may call for.

Role and powers of the Lieutenant Governor:

• The Bill specifies that the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh will have a common Lieutenant Governor.
• Appointment of L-G in Ladakh: The President shall appoint the L-G under article 239. 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 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
• The Chief Minister shall be appointed by the L-G who will also appoint other ministers with the aid of the CM. The L-G shall also administer the oath of office and of secrecy to ministers and the CM.
• The L-G will have the power to promulgate ordinances which shall have the same force and effect as an act of the Legislative Assembly assented by the L-G.
• The tabling of the proposed Reorganisation Bill is also proof that the long reign of the 1954 Order has ended. The 1954 Order had introduced a proviso to Article 3, namely that “ no Bill providing for increasing or diminishing the area of the State of Jammu and Kashmir or altering the name or boundary of that State shall be introduced in Parliament without the consent of the Legislature of that State “. That power of the State Legislature to give prior consent does not exist anymore. This has provided a free hand to the Centre to table the Reorganisation Bill.
• With the removal of the 1954 Order, the power of the State Legislature ceases to exist and Parliamentary laws, including that of reservation, would apply to Jammu and Kashmir as it does in other parts of the country.
• The government called this the end of “ positive discrimination” and the closing of the “chasm” between residents of J&K and citizens of other parts of the country .
• The removal of the 1954 Order further also negates a clause which was added to Article 352 . The Order had mandated that no proclamation of Emergency on grounds “only of internal disturbance or imminent danger shall have effect” in the State unless with the concurrence of the State government.

Rationale behind this move:

• Article 370 has prevented J&K to merge with India rather than being a basis of its merger.
• Article 370 was seen as discriminatory on the basis of gender, class, caste and place of origin.
• Post the repeal of the Article 370, doors to private investment in J&K would be opened , which would in turn increase the potential for development there.
• Increased investments would lead to increased job creation and further betterment of socio-economic infrastructure in the state.
• Opening of buying of lands would bring in investments from private individuals and multinational companies and give a boost to the local economy .

Criticism :

• The reduction of the state to a union territory will give a fillip to the concept of constitution being more unitary
• The mechanism that the government used to railroad its rigid ideological position on Jammu and Kashmir through the Rajya Sabha was both hasty and stealthy. 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 passing of legislation as far-reaching as dismembering a State without prior consultations has set a new low.
• The entire exercise of getting Article 370 of the Constitution effectively abrogated has been marked by executive excess .
• A purported process to change the constitutional status of a sensitive border State has been achieved without any legislative input or representative contribution from its people.

Challenges ahead:

• The move will be legally challenged on grounds of procedural infirmities and, more substantively, that it undermines the basic feature of the compact between Delhi and Srinagar that was agreed upon in 1947.
• Law and order maintenance challenge.
• The President’s power under Article 370 has been used both to create an enabling provision and to exercise it immediately to modify the Order, thereby dispensing with the role envisaged for the State Assembly.
• While it is true that in 1961 the Supreme Court upheld the President’s power to ‘modify’ the constitutional provisions in applying them to J&K, it is a moot question whether this can be invoked to make such a radical change: a functioning State has now been downgraded and bifurcated into two Union Territories.
• But beyond the legality, the real test will be on the streets of Srinagar, Jammu and Delhi once the security cordon is lifted from the State.
• What was unbecoming is the unwillingness to enter into consultation with the mainstream political leaders; in no other State would former Chief Ministers have been dealt with so cavalierly.

Conclusion :

The special status of J&K was meant to end, but only with the concurrence of its people. The Centre’s abrupt move disenfranchised them on a matter that directly affected their life and sentiments. Moreover, that this was done after a massive military build-up and the house arrest of senior political leaders, and the communications shutdown reveals a cynical disregard of democratic norms. Whatever its intent in enabling the full integration of Jammu and Kashmir with India, this decision to alter the State’s status could have unintended and dangerous consequences.

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