Article 370 Simplified: Temporary provisions with respect to the State of Jammu and Kashmir

Official Text

(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. In exercise of the powers conferred by clause (3) of the Constitution of India, the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 shall be operative with the modification that for the Explanationin cl. (1) thereof, the following Explanationis substituted, namely: - “Explanation.-For the purposes of this article, the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the *Sadar-I-Riyasat of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office.”. (C.O. 44, dated the 15th November, 1952). *Now “Governor”. (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 purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifth day of March, 1948; (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 orderspecify: 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 [clause (2) of Legislative Assembly of the State] shall be necessary before the President issues such a notification.

Simple Meaning

Article 370 was a 'Temporary' rule that once gave special autonomy to Jammu & Kashmir, allowing it to have its own flag and rules. In August 2019, the Government of India effectively removed these special provisions. Today, Jammu & Kashmir and Ladakh are treated as Union Territories, and the entire Constitution of India applies to them exactly like any other part of the country.

Explain Like Ten

For a long time, Jammu & Kashmir had its own special rules and flag. In 2019, the President of India used this rule to make all of India's laws and the entire Constitution apply there, bringing Jammu & Kashmir fully into the same legal family as the rest of the states.

Student Mode

Article 370 was drafted as a 'temporary provision' in 1949. It exempted J&K from the full application of the Indian Constitution, allowing the state to draft its own Constitution and limiting Parliament's legislative power to defense, foreign affairs, finance, and communications unless the J&K government concurred. On August 5-6, 2019, the President issued C.O. 272 and C.O. 273 under Article 370(3), declaring all clauses of Article 370 inoperative except a revised clause stating that the entire Constitution of India applies to J&K without modification. This was subsequently upheld by the Supreme Court of India in December 2023.

Example

Today, laws like the 'Right to Information' and 'Right to Education' apply to someone in Srinagar just as they do in Delhi, thanks to the changes made to the Article 370 framework.

Key Takeaway

Article 370 is now a historical provision marking the full legal integration of India.

FAQs

Why was Article 370 categorized as 'temporary' in the Constitution?

It was temporary because the final relationship between Jammu & Kashmir and the Union of India was to be determined once the state's Constituent Assembly framed its own Constitution. The assembly dissolved in 1957 without recommending the deletion of Article 370, leaving it in a unique legal status until the 2019 presidential actions.

How was Article 370 effectively rendered inoperative in 2019?

Under Article 370(3), the President can declare the article inoperative on the recommendation of the State's Constituent Assembly. Since that assembly was dissolved, Presidential Order C.O. 272 modified Article 367 to state that 'Constituent Assembly of the State' in Article 370(3) shall mean 'Legislative Assembly of the State.' Since the state was under President's Rule, Parliament recommended the change, and the President issued C.O. 273 declaring the article inoperative.

Quiz

Which Presidential Order rendered all clauses of Article 370 inoperative in August 2019?

Answer: C.O. 273

Which article of the Indian Constitution was originally declared inapplicable to Jammu and Kashmir under Article 370(1)(a)?

Answer: Article 238

Related Topics

• Article 1
• Federalism