What is Article 370 of indian constitution

www.hinsoli.com July 11, 2025

Article 370 of the Indian Constitution

Title: Temporary provisions with respect to the State of Jammu and Kashmir

🔷 Explanation of Article 370:

Article 370 granted special autonomous status to the State of Jammu & Kashmir (J&K) after its accession to India in 1947. It was originally meant to be temporary, pending the final integration of the State with India.

🟢 As of August 5, 2019, Article 370 has been effectively abrogated by the Government of India through a Presidential Order and Parliamentary resolution.

✅ Key Features of Article 370 (Before Abrogation):

Aspect	Provision
Applicability of Indian Constitution	Indian Constitution applied partially to J&K.
Separate Constitution	J&K had its own Constitution (1957).
Special Powers to State	Except in defense, foreign affairs, and communication, the Parliament needed J&K's concurrence to apply laws.
Presidential Orders	President could extend Central laws to J&K only with State government's concurrence.
No automatic applicability of Fundamental Rights	Part III (Fundamental Rights) didn't fully apply until extended.
Dual Citizenship	J&K residents were citizens of India but enjoyed special privileges under state laws.
Property Rights	Only permanent residents of J&K could own land/property.

🔻 Abrogation of Article 370 – What Happened in 2019?

🗓️ On August 5, 2019, the Union Government:

Issued Presidential Order C.O. 272, applying all provisions of the Indian Constitution to Jammu & Kashmir.
Passed a resolution in Parliament under Article 370(3) to abrogate Article 370.
Passed the Jammu and Kashmir Reorganisation Act, 2019, which:
- Revoked J&K's special status
- Bifurcated the state into two Union Territories:
  - Jammu & Kashmir (with Legislature)
  - Ladakh (without Legislature)

📌 Current Status (Post-2019):

Aspect	Change
Article 370	✅ Technically still exists in text, but no longer applicable
J&K Statehood	❌ Ended – now a Union Territory
Own Constitution	❌ Repealed
Central Laws	✅ Fully applicable
Land & Property Rights	✅ Indian citizens from any state can now purchase land
Reservation & Education Laws	✅ Apply like in other parts of India

📝 Summary Table:

Aspect	Before 2019	After 2019
Constitution	Had its own	Uses Indian Constitution
Land Rights	Restricted to J&K residents	Open to all
Parliament Laws	Limited scope	Full applicability
Statehood	Special State	Union Territory
Article 370 Status	Active	✅ Effectively abrogated

Here is a 📜 Timeline of Events Related to Article 370 — from its origin in 1947 to its abrogation in 2019 and beyond:

🕰️ Timeline of Article 370 – From Enactment to Abrogation

Date / Year	Event / Development
26 October 1947	👑 Maharaja Hari Singh signs the Instrument of Accession to join India during Pakistan-backed tribal invasion.
27 October 1947	🛩️ Indian Army enters J&K under accession terms to defend territory.
17 October 1949	Article 370 is incorporated in the Indian Constitution as a temporary provision for J&K (drafted by N. Gopalaswami Ayyangar).
26 January 1950	🇮🇳 Indian Constitution comes into force; Article 370 officially becomes active.
1952	📜 Delhi Agreement between Nehru and Sheikh Abdullah on Centre-State relations (including citizenship, land rights, etc.).
1954	🖋️ Presidential Order issued under Article 370 applies many provisions of the Indian Constitution to J&K (including Fundamental Rights).
1957	J&K adopts its own Constitution; Article 3 of that Constitution declares J&K to be an integral part of India.
1964	Article 35A, inserted via Presidential Order (1954), becomes controversial over land and job rights.
1986–1990	Rise in insurgency and terrorism; President’s Rule imposed in J&K.
2010–2018	Rising debates over scrapping Article 370 and reintegrating J&K fully with India.
4 August 2019	📢 Political leaders in J&K (Omar Abdullah, Mehbooba Mufti, others) issue Gupkar Declaration to oppose any dilution of Article 370.
5 August 2019	🚨 Historic Move:
– Presidential Order C.O. 272 issued under Article 370(1), making all provisions of Indian Constitution applicable to J&K.
– Parliament passes resolution under Article 370(3) to abrogate Article 370.
– J&K Reorganisation Bill 2019 introduced and passed.
6 August 2019	Rajya Sabha and Lok Sabha formally adopt resolutions and bills.
31 October 2019	🧭 Jammu & Kashmir bifurcated into two Union Territories:
– Jammu & Kashmir (with Legislature)
– Ladakh (without Legislature)
2020–2023	Gradual application of central laws, land reforms, and electoral roll integration begins.
2024	Supreme Court upholds abrogation of Article 370 as constitutional, stating that special status was temporary.

🧾 Key Takeaways:

Article 370 was never meant to be permanent.
Used for political autonomy, but led to legal and constitutional exceptions.
Its abrogation marked a major constitutional and political shift in Indian federalism.
The J&K Constitution no longer exists, and Indian laws apply fully now.