Jammu and Kashmir's special status is defined by Article 370 of the Indian Constitution. Temporary, Transitional, and Special Provisions were added to Part XXI of the Constitution. The Part was intended to be a temporary provision, as indicated by its title, and its application was expected to last until the State's constitution was drafted and adopted. In this article we will study the constitutional provisions mentioned in Article 370.

Article 370 - Historical Background

• The princely state of Jammu and Kashmir acceded to the Dominion of India after Maharaja Hari Singh, the monarch of the princely state of Jammu and Kashmir, signed the Instrument of Accession on October 26, 1947.
• Only Articles 1 and 370 of the Indian Constitution apply to J&K, according to Article 370. Other Articles' application was to be decided by the President in collaboration with the state administration.
• In accordance with the Instrument of Accession, the Constitution Order of 1950 stated the matters on which the Union Parliament would be competent to pass legislation for Jammu & Kashmir - 38 subjects from the Union List were included.

Constitution (Application to Jammu and Kashmir) Order of 1954

The Constitution (Application to Jammu and Kashmir) Order of 1954 established a constitutional link between Jammu & Kashmir and India. The following clauses were included in the agreement:

• The Constitution was amended to include Article 35A. (empowering the state legislature to legislate on the privileges of permanent residents with regard to immovable property, settlement in the state and employment)
• The Supreme Court of India's jurisdiction has been extended to the state.
• In the case of external aggression, the central government was given the authority to proclaim a national emergency. Only with the approval of the State Government could the power be used in the event of internal unrest.
• The Centre and Jammu & Kashmir's financial connections have been normalized.

Features of Article 370

• Article 370 limits the power of the Parliament to make laws for Jammu and Kashmir.
• Jammu and Kashmir has its own Constitution, apart from the Indian Constitution.
• Its constitution was framed by a Constituent Assembly of its own, adopted on 17th November 1957 and came into force on the 26th January, 1957.

Role of Parliament

• Parliament cannot change the name, boundary or territory of Jammu and Kashmir without the concurrence of the State Legislature.
• Parliament cannot make law with regard to Jammu and Kashmir on subjects in the State List.
• The residuary power lies with the Legislature of Jammu and Kashmir and not with the Parliament.

Citizenship

• It follows dual citizenship. Only the citizens of Jammu and Kashmir can take part in the election to the State Assembly and acquire, own, and dispose of immovable property in Jammu and Kashmir.
• Consultation with State government: Before appointing a person a Governor of Jammu and Kashmir.
• Preventive Detention: No preventive detention law made by the Parliament can have automatic extension to Jammu and Kashmir.

Emergency

• Only a national emergency proclaimed on the ground of war or external aggression shall have an automatic extension to Jammu and Kashmir. A national emergency proclaimed on the basis of armed rebellion shall not be automatically extended to Jammu and Kashmir.
• Apart from the President’s Rule, Governors rule can also be imposed for a maximum period of six months, in case of a constitutional breakdown in the State.
• The union has no power to proclaim a financial emergency to Jammu and Kashmir.

Reason for Temporary

• The Article was added to address Maharaja Hari Singh's concerns that he would not have acceded to India without certain concessions.
• Post-independence, territorial integrity was a top priority for India, hence a particular provision was included in the constitution.
• However, the provision is part of our constitution's "Temporary, Transitional, and Special Provisions."
• Furthermore, Article 370 might be understood as temporary in the sense that the J&K Constituent Assembly had the authority to change, eliminate, or keep it; it chose to keep it.
• Another view was that the accession was only temporary and would be followed by a vote.

The issue in revoking Article 370

• The constitutional connection between Jammu & Kashmir and the rest of India is founded on Article 370.
• At least 45 times, India has invoked Article 370 to extend the Indian Constitution's provisions to J&K. This is the only method India has effectively neutralised the effect of Jammu & Kashmir's special status through Presidential Orders.
• Almost the entire Constitution, including most constitutional amendments, was extended to Jammu & Kashmir by the 1954 order.
• However, repealing the article in its entirety could jeopardise the state's tranquilly, which is already a hotbed of strife and extremism.
• It will fundamentally alter the state's relationship with the rest of India.
• It will also pave the way for Article 35A to be repealed, allowing Indian residents to buy land and settle permanently in J&K.
• As a result, the decision is likely to have a considerable impact on J&K's demography, culture, and politics.

Current Development

• Until 2019, the former state of Jammu and Kashmir had its own constitution and thus had a special status under Article 370 of the Indian Constitution.
• This special status was repealed in 2019 by a presidential order known as "The Constitution (Application to Jammu and Kashmir) Order, 2019."
• This order superseded the previous "Constitution (Application to Jammu and Kashmir) Order, 1954."
• The 2019 order extended all provisions of the Indian Constitution to Jammu and Kashmir as well.
• However, the inoperative Article 370 remains in the text of the Indian Constitution.
• Furthermore, the Jammu and Kashmir Reorganisation Act, 2019, divided the former state of Jammu and Kashmir into two separate union territories, namely Jammu & Kashmir and Ladakh.
• The union territory of Jammu and Kashmir includes all of the districts of the former state of Jammu and Kashmir, with the exception of Kargil and Leh districts, which have been transferred to the union territory of Ladakh.

Conclusion

After the repeal of Article 370, it is envisaged that Jammu and Kashmir will revert to being a normal state like the others. Real estate companies are expected to begin operations in J&K soon, and the similar pattern will be repeated in other industries. As a result, the Union Territory of Jammu and Kashmir would undergo a rapid wave of comprehensive development in the near future.

FAQs 

Q1: What was Article 370?

Q2: Why was Article 370 introduced?

Q3: What changes were made to Article 370 on August 5, 2019?

Q4: How did Article 370 impact the laws in Jammu and Kashmir?

Q5: What was Article 35A in relation to Article 370?

MCQs 

1. What did Article 370 grant to the state of Jammu and Kashmir?

A) Complete independence

B) Special autonomy and a separate constitution

C) Control over all Indian states

D) No special status

2. When was Article 370 effectively abrogated?

A) January 26, 1950

B) August 5, 2019

C) October 2, 1947

D) December 31, 2000

3. What was the effect of the abrogation of Article 370?

A) The state of Jammu and Kashmir gained more autonomy

B) Jammu and Kashmir was bifurcated into two Union Territories

C) No significant change occurred

D) Jammu and Kashmir became part of another country

4. What was the purpose of Article 35A in relation to Jammu and Kashmir?

A) To provide for additional taxes

B) To define “permanent residents” and grant them special rights

C) To create a separate judiciary

D) To establish a monarchy

5. Which areas were controlled by the central government in Jammu and Kashmir under Article 370?

A) Health and education

B) Defense, communications, and foreign affairs

C) Agriculture and tourism

D) Law and order

GS Mains Questions and Model Answers

Q1: Discuss the historical context and significance of Article 370 in the Indian Constitution.

Answer: Article 370 was incorporated into the Indian Constitution to recognize the unique circumstances under which Jammu and Kashmir acceded to India after independence. It granted the state significant autonomy, including its own constitution and legislative powers, while limiting the Indian Parliament’s jurisdiction over certain areas. This arrangement aimed to respect the terms of accession and reassure the state’s predominantly Muslim population. Over time, Article 370 became a contentious issue, symbolizing both Jammu and Kashmir's special status and perceived isolation from the Indian mainstream. Its abrogation in 2019 marked a significant shift, transforming Jammu and Kashmir's political and legal status within India.

Q2: Analyze the implications of the abrogation of Article 370 for Jammu and Kashmir.

Answer: The abrogation of Article 370 in August 2019 had far-reaching implications for Jammu and Kashmir. It ended the state's special status and brought it fully under the Indian Constitution, removing its separate constitution and special privileges for residents. The state was bifurcated into two Union Territories—Jammu & Kashmir with a legislature and Ladakh without one. This change aimed to integrate the region more closely with the rest of India, improve governance, and promote economic development. However, it also sparked political dissent, raised questions about federalism, and led to changes in the region's socio-political dynamics.

Q3: Explain the role of Article 35A and its relationship with Article 370.

Answer: Article 35A, introduced in 1954 under Article 370 through a Presidential Order, empowered the Jammu and Kashmir legislature to define “permanent residents” of the state and grant them special rights and privileges. These included rights to own property, access government jobs, and other socio-economic benefits. The provision was seen as a means to protect the state's demographic and cultural identity. Its relationship with Article 370 was integral, as it derived its legitimacy from the special status accorded to Jammu and Kashmir. The abrogation of Article 370 rendered Article 35A void, eliminating the special rights it granted and integrating Jammu and Kashmir more closely with India's legal framework.

Previous Year Questions on  Article 370

1. UPSC CSE 2020

Question: Evaluate the impact of the abrogation of Article 370 on the socio-political landscape of Jammu and Kashmir.

Answer: The abrogation of Article 370 significantly altered the socio-political landscape of Jammu and Kashmir. It ended the state's special status, revoked its separate constitution, and divided it into two Union Territories, bringing it under direct central control. The move aimed to integrate the region more closely with the rest of India, improve governance, and promote economic development. However, it also led to political unrest, detentions of local leaders, and increased security measures. Critics argue it undermined federalism and local autonomy, while proponents believe it paves the way for long-term stability and growth. The socio-political impact continues to evolve, shaping regional dynamics and national discourse.

2. UPSC CSE 2019

Question: Discuss the constitutional and legal challenges surrounding the abrogation of Article 370.

Answer: The abrogation of Article 370 presented several constitutional and legal challenges. Critics argued that since Article 370 was a temporary provision, any change required consultation with the Jammu and Kashmir Constituent Assembly, which no longer exists. The government used a presidential order to amend Article 367, redefining the “Constituent Assembly” as the “Legislative Assembly” to bypass this requirement. This move was contested in courts, raising questions about constitutional validity, federal principles, and procedural adherence. Proponents contend that the change was within the government’s powers and necessary to ensure the region’s integration and development. Legal and constitutional debates around the move highlight its complexity and implications for India’s federal structure.