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| What is Article 386 of indian constitution |
📜 Article 386 of the Indian Constitution
Title: Special provisions as to the State of Jammu and Kashmir
❗️Status:
Article 386 has been repealed.
It was a transitional provision and was omitted by the Constitution (Seventh Amendment) Act, 1956.
🧾 Original Purpose (Before Repeal):
Article 386 provided special transitional arrangements for the State of Jammu and Kashmir when the Constitution of India came into effect on 26 January 1950.
It recognized the distinct constitutional status of Jammu & Kashmir at that time, mainly due to the Instrument of Accession and the ongoing political situation.
🔍 Simplified Explanation:
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The State of Jammu & Kashmir, unlike other Part B States, had a special relationship with India due to its temporary accession.
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Article 386 allowed the President of India to make special provisions regarding the governance of J&K until the State’s own Constitution was adopted or further arrangements were made.
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This was a temporary measure, complementing Article 370.
📌 Key Features:
| Aspect | Details |
|---|---|
| Applies To | State of Jammu & Kashmir |
| Provision Type | Transitional and exceptional |
| Function | Allowed President of India to issue special orders related to J&K |
| Legal Basis | Linked to Article 370 and Instrument of Accession |
| Ended When | Special provisions no longer needed after J&K drafted its own state constitution |
| Repealed By | 7th Constitutional Amendment Act, 1956 |
🗂️ Related Constitutional Context:
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Article 370: Granted special autonomous status to J&K.
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Article 35A (inserted via Presidential order in 1954): Empowered the state to define "permanent residents".
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J&K had its own constitution (adopted in 1957).
✅ Why Article 386 Was Important (and Then Repealed):
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It allowed constitutional flexibility for a politically sensitive region.
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Prevented any constitutional vacuum during integration.
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Repealed when Jammu & Kashmir’s own constitution came into effect, and the need for transitional arrangements ceased.
Here is a comparison between Article 386 and related transitional provisions like Articles 380–385, especially focusing on how Jammu and Kashmir was treated differently from other Part B States.
🆚 Comparison: Article 386 vs Articles 380–385
| Aspect | Article 386 (Jammu & Kashmir) | Articles 380–385 (Other Part B States) |
|---|---|---|
| Applies To | State of Jammu and Kashmir | Other Part B States (Hyderabad, Mysore, PEPSU, etc.) |
| Nature of Provision | Special and exceptional transitional provision | General transitional provisions for integration |
| Purpose | Allowed President to make special provisions for J&K temporarily | Enabled governance continuity in princely states |
| Linked With | Article 370 and Instrument of Accession | Integration laws and provisional governance under Indian Constitution |
| Autonomy Level | High – J&K had its own Constitution and more autonomy | Limited – States were gradually merged into Indian constitutional system |
| Legislative Power | Managed through Presidential orders and local provisions | Given temporarily to Governors or temporary legislatures |
| Ends When | J&K adopted its own Constitution in 1957 | States reorganized under the States Reorganisation Act, 1956 |
| Repealed By | 7th Constitutional Amendment Act, 1956 | Same – 7th Constitutional Amendment Act, 1956 |
| Further Relevance | Connected deeply with Article 370 (now abrogated in 2019) | No longer relevant post-1956 |
🧾 Key Takeaways:
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Article 386 was a unique, special-case provision only for Jammu & Kashmir, reflecting its distinct constitutional relationship with India.
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Articles 380–385 were uniform transitional tools used for other former princely states.
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All were repealed in 1956, but Article 386’s implications lasted longer due to the continued application of Article 370 (until 2019).
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