Article 370 of the Indian constitution used to give special status to the region of Jammu and

Kashmir. The article was drafted in Part XXI of the Constitution: Temporary, Transitional and
Special Provisions.[1] The Constituent Assembly of Jammu and Kashmir, after its
establishment, was empowered to recommend the articles of the Indian constitution that
should be applied to the state or to abrogate the Article 370 altogether. After the J&K
Constituent Assembly later created the state's constitution and dissolved itself without
recommending the abrogation of Article 370, the article was deemed to have become a
permanent feature of the Indian Constitution.[2][3]
This article along with Article 35A defined that the J&K state's residents live under a
separate set of laws, including those related to citizenship, ownership of property, and
fundamental rights, as compared to resident of other Indian states. As a result of this
provision, Indian citizens from other states cannot purchase land or property in Jammu &
Kashmir.[4]
On 5 August 2019, the President of India Ram Nath Kovind issued a constitutional order
revoking the 1954 order, and making all the provisions of the Indian constitution applicable
to Jammu and Kashmir. The order rendered the Article 370 and Article 35A of the Indian
constitution ineffective.[5][6][7]
The Home Minister Amit Shah also introduced a resolution in the upper house of the
Parliament, Rajya Sabha seeking to reorganise the state with Jammu and Kashmir serving
as a Union Territory and Ladakh region to be separated as a separate union territory.[8]

Purpose
The state of Jammu & Kashmir's original accession, like all other princely states, was on
three matters: defence, foreign affairs and communications. All the princely states were
invited to send representatives to India's Constituent Assembly, which was formulating a
constitution for the whole of India. They were also encouraged to set up constituent
assemblies for their own states. Most states were unable to set up assemblies in time, but a
few states did, in particular Saurashtra Union, Travancore-Cochin and Mysore. Even though
the States Department developed a model constitution for the states, in May 1949, the rulers
and chief ministers of all the states met and agreed that separate constitutions for the states
were not necessary. They accepted the Constitution of India as their own constitution. The
states that did elect constituent assemblies suggested a few amendments which were
accepted. The position of all the states (or unions of states) thus became equivalent to that
of regular Indian provinces. In particular, this meant that the subjects available for legislation
by the central and state governments was uniform across India.[9]
In the case of Jammu and Kashmir, the representatives to the Constituent
Assembly[10] requested that only those provisions of the Indian Constitution that
corresponded to the original Instrument of Accession should be applied to the State.
Accordingly, the Article 370 was incorporated into the Indian Constitution, which stipulated
that the other articles of the Constitution that gave powers to the Central Government would
be applied to Jammu and Kashmir only with the concurrence of the State's constituent
assembly. This was a "temporary provision" in that its applicability was intended to last till
the formulation and adoption of the State's constitution.[11] However, the State's constituent
assembly dissolved itself on 25 January 1957 without recommending either abrogation or
amendment of the Article 370. Thus the Article has become a permanent feature of the
Indian constitution, as confirmed by various rulings of the Supreme Court of India and
the High Court of Jammu and Kashmir, the latest of which was in April 2018.[12][13][14][3]

Text
370. Temporary provisions with respect to the State of Jammu and Kashmir
(1) Notwithstanding anything contained in this Constitution,—
(a) the provisions of article 238 shall not apply now in relation to the state of Jammu
and Kashmir;[a]
(b) the power of Parliament to make laws for the said state shall be limited to—
(i) those matters in the Union List and the Concurrent List which, in consultation with
the Government of the State, are declared by the President to correspond to matters
specified in the Instrument of Accession governing the accession of the State to
the Dominion of India as the matters with respect to which the Dominion Legislature
may make laws for that State; and
(ii) such other matters in the said Lists as, with the concurrence of the Government of
the State, the President may by order specify.
Explanation: For the purpose of this article, the Government of the State means the
person for the time being recognized by the President on the recommendation of the
Legislative Assembly of the State as the Sadr-i-Riyasat (now Governor) of Jammu
and Kashmir, acting on the advice of the Council of Ministers of the State for the time
being in office.[1][15][b]
(c) the provisions of article 1 and of this article shall apply in relation to that State;
(d) such of the other provisions of this Constitution shall apply in relation to that State
subject to such exceptions and modifications as the President may by order specify:
Provided that no such order which relates to the matters specified in the Instrument
of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued
except in consultation with the Government of the State:
Provided further that no such order which relates to matters other than those referred
to in the last preceding proviso shall be issued except with the concurrence of that
Government.
(2) If the concurrence of the Government of the State referred to in
paragraph (ii) of sub-clause (b) of clause (1) or in the second
provision to sub-clause (d) of that clause be given before the
Constituent Assembly for the purpose of framing the Constitution of
the State is convened, it shall be placed before such Assembly for
such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this
article, the President may, by public notification, declare that this
article shall cease to be operative or shall be operative only with
such exceptions and modifications and from such date as he may
specify:
Provided that the recommendation of the Constituent Assembly of
the State referred to in clause (2) shall be necessary before the
President issues such a notification.[16]

Analysis
The clause 7 of the Instrument of Accession signed by Maharaja
Hari Singh declared that the State could not be compelled to accept
any future Constitution of India. The State was within its rights to
draft its own Constitution and to decide for itself what additional
powers to extend to the Central Government. The Article 370 was
designed to protect those rights.[17] According to the constitutional
scholar A. G. Noorani, the Article 370 records a 'solemn compact'.
Neither India nor the State can unilaterally amend or abrogate the
Article except in accordance with the terms of the Article.[18]
Article 370 embodied six special provisions for Jammu and
Kashmir:[19]

1. It exempted the State from the complete applicability of the

Constitution of India. The State was allowed to have its own
Constitution.
2. Central legislative powers over the State were limited, at the
time of framing, to the three subjects of defence, foreign
affairs and communications.
3. Other constitutional powers of the Central Government could
be extended to the State only with the concurrence of the
State Government.
4. The 'concurrence' was only provisional. It had to be ratified
by the State's Constituent Assembly.
5. The State Government's authority to give 'concurrence'
lasted only until the State Constituent Assembly was
convened. Once the State Constituent Assembly finalised
the scheme of powers and dispersed, no further extension of
powers was possible.
6. The Article 370 could be abrogated or amended only upon
the recommendation of the State's Constituent Assembly.
Once the State's Constitutional Assembly convened on 31 October
1951, the State Government's power to give `concurrence' lapsed.
After the Constituent Assembly dispersed on 17 November 1956,
adopting a Constitution for the State, the only authority provided to
extend more powers to the Central Government or to accept Central
institutions vanished. Noorani states that this understanding of the
constitutionality of the Centre-State relations informed the decisions
of India till 1957, but that it was abandoned afterwards. In
subsequent years, other provisions continued to be extended to the
State with the 'concurrence' of the State Government.[20][21][22]

Presidential orders
In exercise of the powers conferred by clause (1) of article 370 of the
Constitution, the President, with the concurrence of the Government
of the State of Jammu and Kashmir made a series of orders.
Presidential order of 1950
The Presidential order of 1950, officially The Constitution
(Application to Jammu and Kashmir) Order, 1950, came into
force on 26 January 1950 contemporaneously with the Constitution
of India. It specified the subjects and articles of the Indian
Constitution that corresponded to the Instrument of Accession as
required by the clause b(i) of the Article 370.
Thirty eight subjects from the Union List were mentioned as matters
on which the Union legislature could make laws for the State. Certain
articles in ten of the twenty-two parts of the Indian Constitution were
extended to Jammu and Kashmir, with modifications and exceptions
as agreed by the state government.[23]
This order was superseded by the Presidential order of 1954.
Presidential order of 1952
The Presidential order of 1952 was issued on 15 November 1952, at
the request of the state government. It amended the Article 370,
replacing the phrase "recognised by the President as the Maharaja
of Jammu and Kashmir" by "recognized by the President on the
recommendation of the Legislative Assembly of the State as
the Sadr-i-Riyasat". The amendment represented the abolition of
the monarchy of Jammu and Kashmir.
Background: The Constituent Assembly of Jammu and
Kashmir was elected in 1951 and convened on 31 October 1951.
The Basic Principles committee of the Constituent Assembly
recommended the abolition of the monarchy, which was
unanimously approved by the Assembly on 12 June 1952. In the
same month, the Hindu-dominated Jammu Praja Parishad submitted
a memorandum to the President of India demanding the full
application of the Indian Constitution to the State. The Government
of India summoned a delegation from Jammu and Kashmir in Delhi
for discussions on the relations between the Centre and the State.
After discussions, the 1952 Delhi Agreement was reached.[24]
The State's prime minister Sheikh Abdullah was slow to implement
the provisions of the Delhi Agreement. However, in August 1952, the
State Constituent Assembly adopted a resolution abolishing the
monarchy and replacing the position by an elected Head of State
(called Sadar-i-Riyasat). Despite reservations on this piecemeal
approach to adopting provisions, the Central Government
acquiesced, leading to the Presidential Order of 1952. The
Legislative Assembly elected Karan Singh, who was already acting
as the Prince Regent, as the new Sadar-i-Riyasat.[25][26]
Presidential order of 1954
The Presidential order of 1954, officially The Constitution
(Application to Jammu and Kashmir) Order, 1954 came into force
on 14 May 1954. Issued with the agreement of the State's
Constituent Assembly, it was a comprehensive order seeking to
implement the 1952 Delhi Agreement.[27] Arguably, it went further
than the Delhi Agreement in some respects.[28]
The provisions implementing the Delhi Agreement were:[29][30]

1. Indian citizenship was extended to the 'permanent residents'

of Jammu and Kashmir (formerly called 'state subjects').
Simultaneously, the Article 35A was added to the
Constitution, empowering the state legislature to legislate on
the privileges of permanent residents with regard to
immovable property, settlement in the state and
employment.
2. The fundamental rights of the Indian constitution were
extended to the state. However, the State Legislature was
empowered to legislate on preventive detention for the
purpose of internal security. The State's land reform
legislation (which acquired land without compensation) was
also protected.
3. The jurisdiction of the Supreme Court of India was extended
to the State.
 4. The Central Government was given power to
declare national emergency in the event of external
aggression. However, its power to do so for internal
disturbances could be exercised only with the concurrence of
the State Government.
In addition, the following provisions which were not previously
decided in the Delhi Agreement were also implemented:

1. Financial relations between the Centre and the State were

placed on the same footing as the other States. The State's
custom duties were abolished.
2. Decisions affecting the disposition of the State could be
made by the Central Government, but only with the consent
of the State Government.
Background: The State Government's decision to abolish the
monarchy led to increased agitation by the Jammu Praja Parishad,
which found support among the Ladakhi Buddhists and the Hindu
parties of India.[31] In response, Sheikh Abdullah started questioning
the value of Kashmir's accession to India, leading to a loss of
support among his Cabinet members. On 8 August 1953, Sheikh
Abdullah was dismissed from the post of prime minister by
the Sadar-i-Riyasat Karan Singh and his erstwhile deputy Bakshi
Ghulam Mohammad was appointed in his place. Abdullah and
several of his colleagues were arrested and put in prison.[32][33]
The purged Constituent Assembly, with 60 of the original 75
members, unanimously adopted on 6 February 1954, the
recommendations of its Basic Principles Committee and the Advisory
Committee on Fundamental Rights and Citizenship.[34] According to
the Basic Principles Committee:
While preserving the internal autonomy of the State, all the
obligations which flow from the fact of accession and also its
elaboration as contained in the Delhi Agreement should find an
appropriate place in the Constitution. The Committee is of the
opinion that it is high time that finality in this respect should be
reached and the relationship of the State with the Union should be
expressed in clear and precise terms.[33]

The Presidential order of 1954 was issued based on these

recommendations.[34]
Further presidential orders
In addition to these original orders, forty seven Presidential orders
had been issued between 11 February 1956 and 19 February 1994,
making various other provisions of the Constitution of India
applicable to Jammu and Kashmir. All these orders were issued with
the 'concurrence of the Government of the State' without any
Constituent Assembly.[35] The effect of these orders had been to
extend 94 of the 97 subjects in the Union List (the powers of the
Central Government) to the State of Jammu and Kashmir, and 260
of the 395 Articles of the Constitution of India.[36] All of these orders
had been issued as amendments to the Presidential Order of 1954,
rather than as replacements to it, presumably because their
constitutionality was in doubt.[37] This process has been termed the
'erosion' of the Article 370.[37][38]

On or before 5 August 2019, President Kovind had issued a

presidential order under Article 370, superceding the 1954 order.
The order states that all the provisions of the Indian Constitution
apply to Jammu and Kashmir, effectively abrogating the separate
Constitution of the state; the constitutionality and effect of this action
is contested in the public sphere[5]. See the below section for more
information.

Autonomy of Jammu and Kashmir:

Structure and limitations
India's constitution is a federal structure. The subjects for legislation
are divided into a 'Union List', a 'State List' and a 'Concurrent List'.
The Union List of ninety-six subjects, including defence, military and
foreign affairs, major transport systems, commercial issues like
banking, stock exchanges and taxes, are provided for the Union
government to legislate exclusively. The State List of sixty-six items
covering prisons, agriculture, most industries and certain taxes, are
available for States to legislate on. The Concurrent List, on which
both the Centre and States may legislate include criminal law,
marriage, bankruptcy, trade unions, professions and price control. In
case of conflict, the Union legislation takes precedence. The
'residual power', to make laws on matters not specified in the
Constitution, rests with the Union. The Union may also specify
certain industries, waterways, ports etc. to be 'national', in which
case they become Union subjects.[39]
In the case of Jammu and Kashmir, the 'Union List' and the
'Concurrent List' were initially curtailed to the matters ceded in the
Instrument of Accession, but they were later extended with the
concurrence of the State Government. The 'residual power'
continues to rest with the State rather than the Union. According to
the State Autonomy Committee, ninety-four of the ninety-seven
items in the Union List currently apply to Jammu and Kashmir. The
provisions of the Central Bureau of Intelligence and Investigation and
preventive detention do not apply. Of the 'Concurrent List', twenty-six
of the forty-seven items apply to Jammu and Kashmir. The items of
marriage and divorce, infants and minors, transfer of property other
than agricultural land, contracts and torts, bankruptcy, trusts, courts,
family planning and charities have been omitted, i.e., the State has
exclusive right to legislate on those matters. The right to legislate on
elections to state bodies also rests with the State.[40]

Applicability of the Indian law to Jammu

and Kashmir
Acts passed by Indian Parliament have been extended to Jammu
and Kashmir over a period of time.[41]

 All India Services Act

 Negotiable Instruments Act
 Border Security Force Act
 Central Vigilance Commission Act
 Essential Commodities Act
 Haj Committee Act
 Income Tax Act
 The Central Goods and Services Tax Act, 2017
 Integrated Goods and Services Tax Act, 2017
 The Central Laws (Extension To Jammu And Kashmir) Act, 1956
 The Central Laws (Extension To Jammu And Kashmir) Act, 1968
The non-applicability of National Human Rights Commission (NHRC)
Act by claiming recourse to Article 370 was set aside in 2010.[42]

Constitution of Jammu and Kashmir

WE, THE PEOPLE OF THE STATE OF JAMMU AND KASHMIR,

having solemnly resolved, in pursuance of the accession of this State to

Indiawhich took place on the twenty sixth day of October, 1947, to further
define the existing relationship of the State with the Union of India as an
integral part thereof, and to secure to ourselves—

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among us all;

FRATERNITY assuring the dignity of the individual and the unity of the
nation;

IN OUR CONSTITUENT ASSEMBLY this seventeenth day

of November, 1956, do HEREBY ADOPT, ENACT AND GIVE
TO OURSELVES THIS CONSTITUTION."
—Preamble of Constitution of Jammu & Kashmir.[43]

Main article: Constitution of Jammu and Kashmir

Preamble and Article 3 of the Constitution of Jammu and Kashmir
states that the State of Jammu and Kashmir is and shall be an
integral part of the Union of India.[43] Article 5 states that the
executive and legislative power of the State extend to all matters
except those with respect to which Parliament has power to make
laws for the State under the provisions of the Constitution of India.
The constitution was adopted on 17 November 1956 and came into
force on 26 January 1957 .

Implications
This article specifies that the State must concur in the application of
laws, except those that pertain to Communications, Defence,
Finance, and Foreign Affairs.[44]
The 1974 Indira-Sheikh accord between Kashmiri politician Sheikh
Abdullah and then Prime Minister Indira Gandhi stated, "The State of
Jammu and Kashmir which is a constituent unit of the Union of India,
shall, in its relation with the Union, continue to be governed by Article
370 of the Constitution of India".
In notifications issued as far back as 1927 and 1932, the state
created various categories of residents – with some being called
permanent residents (PRs) with special rights. Though the law did
not discriminate between female and male PRs, an administrative
rule was introduced to the effect that women could remain PRs only
till marriage. After that they had to seek a fresh right to remain PRs.
And if a woman married someone who wasn’t a J&K PR, she
automatically lost her own PR status. But a 2002 high court ruling
made it clear that a woman will remain a PR even after marriage to a
non-PR, and enjoy all the rights of a PR. A People's Democratic
Party (PDP) government, led by Mehbooba Mufti, passed a law to
overturn the court judgment by introducing a bill styled “Permanent
Residents (Disqualification) Bill, 2004’. This was not Mufti’s solo
effort. Omar Abdullah’s party, the National Conference, backed this
Bill and got it passed in the lower house of the assembly. But it did
not ultimately see the light of day for various reasons.[45][46]
Sheikh Mohammad Abdullah, the state's Prime Minister and leader
of the Muslims in the Valley, found the inclusion of Article 370 in the
'Temporary and Transitional Provisions' of the Constitution's Part XXI
unsettling. He wanted 'iron clad guarantees of autonomy'.
Suspecting that the state's special status might be lost, Abdullah
advocated independence from India, causing New Delhi to dismiss
his government in 1953, and place him under preventive detention.[47]
In December 2016, the Supreme Court of India set aside a
judgement of the High Court of Jammu and Kashmir which stated
that Jammu and Kashmir had "absolute sovereign power" on
account of Article 370. The Supreme Court held that the state of
Jammu and Kashmir has "no vestige" of sovereignty outside the
Constitution of India and its own Constitution is subordinate to the
Indian Constitution. The Court upheld the applicability of SARFAESI
Act to Jammu and Kashmir as it was under the Union list of subjects
for which the Indian Parliament is empowered to enact laws for the
whole of India, including Jammu and Kashmir.[48][49]

Calls for abrogation

In 2014, as part of Bharatiya Janata Party manifesto for the 2014
general election, the party pledged to integrate the state of Jammu
and Kashmir into the Union of India.[50] After winning the elections,
attempts were made by the party along with its parent organisation,
the Rashtriya Swayamsevak Sangh (RSS), for the abrogation of
Article 370.[51] Former prince regent and Congress leader Karan
Singh opined that an integral review of Article 370 was overdue and,
it need to be worked on jointly with the State of Jammu and
Kashmir.[52]
However, in October 2015, the High Court of Jammu and
Kashmir has ruled that the Article 370 cannot be "abrogated,
repealed or even amended." It explained that the clause (3) of the
Article conferred power to the State's Constituent Assembly to
recommend to the President on the matter of the repeal of the
Article. Since the Constituent Assembly did not make such a
recommendation before its dissolution in 1957, the Article 370 has
taken on the features of a "permanent provision" despite being titled
a temporary provision in the Constitution.[53][13] On 3 April 2018, the
Supreme Court of India gave a similar opinion declaring that the
Article 370 has acquired a permanent status. It stated that, since the
State Constituent Assembly has ceased to exist, the President of
India would not be able to fulfil the mandatory provisions required for
its abrogation.[54]
In 2019, as part of Bharatiya Janata Party manifesto for the 2019
general election, the party again pledged to integrate the state of
Jammu and Kashmir into the Union of India.[55][56][57]

2019 actions by the Union government

Presidential Order
On 5 August 2019. the Home Minister Amit Shah has announced in
the Rajya Sabha (Upper House of the Indian Parliament) that the
President of India has issued a presidential order under Article 370,
superceding the 1954 order. The order states that all the provisions
of the Indian Constitution apply to Jammu and Kashmir. Whereas the
1954 order specified only some articles of the Indian constitution to
apply to the State, the new order removed all such special
provisions. This in effect means that the separate Constitution of the
Jammu and Kashmir stands abrogated. The President has issued
the order with the "concurrence of the Government of State of
Jammu and Kashmir", which presumably means the Governor
appointed by the Union government. However, according to Article
370, the Governor must be advised by the Council of Ministers of the
State or the Constituent Assembly of the State, neither of which is
operative at the time of the presidential order.[5]
The presidential order has also added new "interpretations" to the
Article 367 of the Constitution. By the new interpretation, the phrase
"[Governor of the State] acting on the advice of the Council of
Ministers of the State for the time being in office" is to be understood
simply as the Governor of the State. All references to the State
Government shall mean the Governor. The reference to the
"Constituent Assembly" has also been amended to mean the
"Legislative Assembly of the State".[5] See here for the complete
relevant text.
Resolution to Enable the Cessation of Operation
of Article 370
Home Minister Amit Shah has also moved a resolution to render
Article 370 inoperative. The passage of this resolution enables the
President to declare that the Article 370 has ceased to operate.[58][5]
Change of status of Jammu and Kashmir
On 5 August 2019, the Home Minister Amit Shah introduced a bill in
the Rajya Sabha to convert Jammu and Kashmir's status of a state
to two separate union territories of Jammu and Kashmir, and
Ladakh. Jammu and Kashmir is proposed to have a legislature under
the resolution while Ladakh will not.[5][59] By the end of the day, the bill
was passed by Rajya Sabha with 125 votes in favour.[60]