Article 370 of the Constitution of India

Article 370 of the Constitution of India
Short title	Article 370
Legislature	Constituent Assembly of India
Territorial extent	Jammu and Kashmir
Enacted by	Constituent Assembly of India
Date enacted	17 October 1949
Date commenced	26 January 1950
Date repealed	5 August 2019
Related legislation	Constitution of India, Jammu and Kashmir Reorganisation Act, 2019
Status	Repealed

Article 370 of the Constitution of India was a provision that granted a special autonomous status to the former state of Jammu and Kashmir. It was drafted in Part XXI of the Constitution of India under the heading "Temporary, Transitional and Special Provisions" and came into effect on 26 January 1950. The article allowed the state to have its own constitution, a separate flag, and autonomy over its internal administration, except in matters of defense, foreign affairs, finance, and communications, which were controlled by the Government of India.

Historical context and origin

The provision has its roots in the tumultuous circumstances surrounding the Partition of India and the Indo-Pakistani War of 1947-1948. Following the Instrument of Accession signed by Maharaja Hari Singh in October 1947, negotiations between the Maharaja's government and the Indian National Congress, led by Jawaharlal Nehru, resulted in the Delhi Agreement of 1952. The final legal formulation was crafted by Gopalaswami Ayyangar, a minister in Nehru's cabinet and former Diwan of Maharaja Hari Singh, and was incorporated into the draft constitution debated by the Constituent Assembly of India. The accession was contested by Pakistan, leading to the ongoing Kashmir conflict.

Provisions and special status

Under its terms, the Parliament of India required the concurrence of the Government of Jammu and Kashmir to apply laws, except those pertaining to defense, external affairs, finance, and communications. The state operated under the Constitution of Jammu and Kashmir, adopted in 1956 by its own Constituent Assembly of Jammu and Kashmir. Key central statutes, such as the Indian Penal Code, were not automatically applicable, and residents were governed by separate state laws, including the now-defunct Jammu and Kashmir Constitution Act, 1939. The Supreme Court of India had limited jurisdiction, and the Election Commission of India conducted elections under a separate Jammu and Kashmir Representation of the People Act, 1957.

Political and legal challenges

The article's "temporary" nature and its interpretation were subjects of continuous political debate and legal scrutiny. Major political parties like the Bharatiya Janata Party long advocated for its abrogation, integrating it into their core manifesto, while parties like the Jammu & Kashmir National Conference and the People's Democratic Party defended it. Several petitions challenging its validity were heard by the Supreme Court of India, including in the landmark 2018 case of *State Bank of India v. Santosh Gupta*. The central government also frequently used President's rule in the state, which altered the dynamics of concurrence, notably during the tenure of Governor Jagmohan.

Abrogation in 2019

On 5 August 2019, the Government of India, led by Prime Minister Narendra Modi and Home Minister Amit Shah, issued a Presidential order superseding the 1954 order that had governed the application of the Indian constitution to Jammu and Kashmir. This was followed by a resolution in the Rajya Sabha recommending the President abrogate the article, which was effected under clause (3) of Article 370. Concurrently, the Jammu and Kashmir Reorganisation Act, 2019 was passed, bifurcating the state into two Union Territories: Jammu and Kashmir and Ladakh.

Aftermath and reactions

The move was met with widespread international attention and mixed reactions. It was strongly condemned by Pakistan, which downgraded diplomatic ties and suspended bilateral trade, and drew expressions of concern from countries like China and Turkey. Within India, it was celebrated by the ruling Bharatiya Janata Party and its allies like the Shiv Sena, but opposed by several opposition parties, including the Indian National Congress and the Communist Party of India (Marxist). The region was placed under a severe security clampdown, with restrictions on movement and communications, and the detention of local political leaders such as Farooq Abdullah, Omar Abdullah, and Mehbooba Mufti.

Current status and implications

Following the abrogation, the two new Union Territories are now fully governed by the Constitution of India and laws passed by the Parliament of India. All central laws, including those related to right to information and education, are now applicable. The Supreme Court of India is currently hearing a batch of petitions challenging the constitutional validity of the abrogation process. The change has also had significant demographic, political, and economic implications, including the application of the Jammu and Kashmir Reorganisation Act, 2019 and the potential for changes in land ownership laws.

Category:Constitution of India Category:History of Jammu and Kashmir Category:Indian constitutional law Category:2019 in Indian law