 |
| What is Article 370 of indian constitution |
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| Article 370 | ✅ Technically still exists in text, but no longer applicable |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| Own Constitution | ❌ Repealed |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.
Follow Us