Article 370 : Author: Ketokei Sarah Samanta
Article 370 was one of the most controversial article of Indian Constitution. It gave a special status to state of Jammu & Kashmir. Jammu & Kashmir enjoyed an amount of autonomy which other states didn’t have in India. It was made redundant in the year 2019. But it went down with lot of controversies. So what was Article 370 & why was it so controversial? This article answers that question and analyses the article from its origin to its abrogation
ARTICLE
Abstract
Article 370 was one of the most controversial article of Indian Constitution. It gave a special status to state of Jammu & Kashmir. Jammu & Kashmir enjoyed an amount of autonomy which other states didn’t have in India. It was made redundant in the year 2019. But it went down with lot of controversies. So what was Article 370 & why was it so controversial? This article answers that question and analyses the article from its origin to its abrogation
Introduction
On October 26th 1947, Maharaja Hari Singh, the last ruler of Jammu & Kashmir signed the instrument of accession acceding to the dominion of India. The Maharaja agreed to allow the union parliament to govern three subjects and limited the Union ‘s powers to Foreign Affairs, Defence and Communications.
Article 370 : In Effect
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 apply to this state with modifications or exceptions, but is required to do so only by consulting with the government of the state. Article 370 itself could not be amended or repealed unless the Constituent Assembly of Jammu & Kashmir consented to it. The state of Jammu & Kashmir had a separate Constitution which was adopted on 17th November 1956 and came into force on 26th January 1957. Article 370 acknowledged the special status of the state of Jammu and Kashmir in terms of Autonomy and its ability to formulate laws for the state ‘s permanent residents. Further, the state gave special privileges to the permanent residents in matters such as residence, property, education and government jobs, which were unavailable to others. The state government officials of Jammu & Kashmir also issued “permanent residents certificates”. Article 370 allowed the state to have its separate flag and autonomy of internal administration. Under related provisions like Article 35A,only permanent residents had the right to buy land, own property and secure state government jobs.
Article 370 : Abrogation
The election manifesto of the ruling Bharatiya Janta Party (BJP) for the 2009,2014 and 2019 General elections affirmed its intention to abrogate Article 370. After winning the election in 2019, the BJP government dissolved Article 370 with two presidential orders on August 5 & August 6. The first order issued on August 5,2019,amended Article 367 which dealt with the interpretation of ‘constituent Assembly’ under Article 370 shall be read as ‘Legislative Assembly’ of the state. At the time, Jammu and Kashmir was under President’s rule, by which its Legislative Assembly and governor were replaced with the union Parliament and the President. Therefore the ‘Legislative Assembly’ of the state was the Union Parliament. Immediately after this order, a statutory resolution was passed by both Houses of Parliament recommending that Article 370 be dissolved. The next day, on August 6 the President issued the second order which held that Article 370 ceased to operate and that Jammu & Kashmir was a part of the Union of India. Following the abrogation of Article 370,on August 9,2019, Parliament passed the Jammu and Kashmir Reorganisation Act , 2019. This Act bifurcation the state into two Union Territories – Jammu & Kashmir and Ladakh. The former had a legislative Assembly and the latter did not.
Conclusion
Article 370 of the Indian Constitution even though provided a special status to the state of Jammu & Kashmir, it somehow bifurcation the state from the rest of the country, with its abrogation the state of Jammu and Kashmir has once again become an integral part of India. The same Constitution is now applicable in J&K.
References
1. R.Rai Spandana (29th July 2023), Understanding the Abrogation of Article 370 : Origin and impact
www.scoobserver.in accessed 12th September 2026.
2. Advay Vora (31st July 2023) , Article 370 of the Constitution : A Timelines
www.scoobserver.in accessed 13th September 2026