DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

LUCKNOW

SYNOPSIS

ON

ART 370: SPECIAL STATUS OF JAMMU AND KASMIR

SUBMITTED BY: SUBMITTED TO:

ANURAG CHAUDHARI MR. SHASHANK SHEKHAR

ROLL NO: 25 FACULTY OF LAW

SECTION ‘A’ DR. RAMMANOHAR LOHIYA

B.A. LLB (hons), SEM 1ST NATIONAL LAW UNIVERSITY ,LUCKNOW

SIGNATURE OF STUDENT SIGNATURE OF PROFESSOR

1|Page
ACKNOWLEDGEMENT

I am obliged to our prof. C .M.JARIWALA and assistant prof.Mr. SHASHANK SHEKHAR, who
has given me golden chance for this research project. I would also like to thank the almighty and
my parents for their moral support and my friends who are always there to extend the helping
hand whenever and wherever required.

I further extend my thanks to library staff of DR. RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY who helped me in getting all the materials necessary for the
project.

ANURAG CHAUDHARI

ROLL NO. 25

2|Page
TENTATIVE CHAPTERISATION:
1. Introduction
2. Jammu Kashmir accession to India
3. Reference to UN
4. Understating the article 370
5. Article 370 and international law
6. Current position of article 370
7. Conclusion

STATEMENT OF PROBLEM:
Can article 370 be amended without taking people’s referendum? Does it really require 2/3
majority (Special) in parliament to amend this Article? What will be India’s position if art. 370is
removed? Should It be removed or not?

CASES REFFERED:

PremNathKaul v State of J&K 1959 AIR 749

SampatPrakash v. State of Jammu and Kashmir, A.I.R. 1970 S.C. 1118

Mohammad MaqboolDamnoo v State of J&K 1972 AIR 963

3|Page
INTRODUCTION:

Article 370 comes under part XXI (temporary, transitional and special provisions). In this project
the researcher will analyse the constitutionality of Art. 370 further researcher will critically
examine the interpretation of Art. 370.

Article 370: Temporary provisions with respect to the State of Jammu and Kashmir.—(1)
Notwithstanding anything in this Constitution,— (a) the provisions of article 238 shall not apply
in relation to the State of Jammu and Kashmir; (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 (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 proviso 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

4|Page
 Constituent Assembly of the State referred to in clause (2) shall be necessary before the
President issues such a notification.

MODE OF CITATION:

The mode of citation adopted by me in this project work is OSCOLA (Oxford Standard Citation On
Legal Authorities) 4th Edition.

HYPOTHESIS:
Article 370 is a temporary provision,it can be amended by parliament without any UN resolution.

By amending this Article we are not violating any international law.

RESEARCH METHODOLOGY:

The methodology adopted by me is that of literature review wherein I have referenced some past
researches and have taken help of already done and existent data to draw conclusions. My
research I solely based upon secondary means in which I have taken help of books, magazines
articles and law journals to form opinions.

OBJECTIVE OF THE STUDY:

To find out what is the advantage and disadvantage of removing the article 370? Do India really
require Art. 370

5|Page
BIBLIOGRAPHY:
 ARTICLE 370; A CONSTITUTIONAL HISTORY OF JAMMU AND KASHMIR by
A.G.Noorani
 http://www.cgsird.gov.in/constitution.pdf

6|Page