What is Article 370?
Historical Background
Key Points
8 points- 1.
Limited the applicability of laws passed by the Indian Parliament to J&K, requiring the concurrence of the state government for extending most central laws.
- 2.
J&K was allowed to have its own Constitution and flag, distinct from the Indian Constitution.
- 3.
The President of India could extend provisions of the Indian Constitution to J&K, but only with the 'concurrence' of the state government or the 'recommendation' of the J&K Constituent Assembly.
- 4.
The power to abrogate or modify Article 370 itself rested with the President, but it required the recommendation of the J&K Constituent Assembly.
- 5.
Article 35A, derived from Article 370, empowered the J&K legislature to define 'permanent residents' of the state and grant them special rights and privileges regarding employment, property ownership, and settlement.
- 6.
It restricted non-residents from purchasing land or settling permanently in J&K.
- 7.
The provisions of Part IV (DPSP) and Part IVA (Fundamental Duties) of the Indian Constitution were not directly applicable to J&K.
- 8.
The emergency provisions of the Indian Constitution had limited applicability to J&K.
Visual Insights
Article 370: A Timeline of Key Events
Timeline illustrating the key events related to Article 370, from its inception to its abrogation and subsequent developments.
Article 370 granted special autonomous status to J&K. Its abrogation and the subsequent reorganization have significantly altered the region's political and administrative landscape.
- 1947Instrument of Accession signed by Maharaja Hari Singh
- 1949Article 370 incorporated into the Indian Constitution
- 1954Constitution (Application to Jammu and Kashmir) Order, 1954
- 2018Debate intensifies on the special status of J&K
- 2019Article 370 effectively abrogated on August 5, 2019
- 2019J&K reorganized into two Union Territories: Jammu and Kashmir and Ladakh
- 2020New domicile rules introduced in J&K
- 2025Supreme Court continues hearing challenges to abrogation
- 2026Land rules amended, allowing wider land ownership
Article 370: Key Aspects and Implications
Mind map illustrating the key aspects of Article 370, its historical context, and its implications for Jammu and Kashmir.
Article 370
- ●Historical Context
- ●Key Provisions
- ●Abrogation
- ●Implications
Recent Developments
3 developmentsAbrogated by the Government of India on August 5, 2019, through a Presidential Order (C.O. 272), which declared that all provisions of the Indian Constitution would apply to J&K.
The Jammu and Kashmir Reorganisation Act, 2019, was subsequently passed, reorganising the state into two Union Territories: J&K (with a legislature) and Ladakh (without a legislature).
The Supreme Court of India, in December 2023, upheld the constitutional validity of the abrogation of Article 370 and the reorganisation of J&K.