PM Modi Hails Article 370 Abrogation as Constitutional Milestone
PM Modi celebrates Article 370 abrogation, asserting full Indian Constitution's force in J&K.
Photo by Amit Jain
मुख्य तथ्य
PM Modi stated BJP government tore down Article 370 wall
Indian Constitution is now in full force in J&K
PM criticized Congress and Nehru-Gandhi family for monopolizing credit
UPSC परीक्षा के दृष्टिकोण
Constitutional provisions related to J&K (Article 370, 35A, Article 3)
Reorganization of states and Union Territories
Federalism and Centre-State relations
Role of the President and Parliament in constitutional amendments/changes
Supreme Court's interpretation of constitutional provisions
Historical context of J&K's accession to India
दृश्य सामग्री
Jammu & Kashmir Reorganisation: Post-Abrogation Status (Dec 2025)
This map illustrates the current administrative divisions of the erstwhile state of Jammu and Kashmir following the abrogation of Article 370 and the implementation of the J&K Reorganisation Act, 2019. It shows the two new Union Territories and the location of PM Modi's statement.
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Key Milestones: Article 370 Abrogation & J&K Reorganisation (1947-2025)
This timeline outlines the critical historical and recent events related to Article 370 and the reorganisation of Jammu and Kashmir, culminating in the Supreme Court's validation and PM Modi's recent statement.
Article 370 was a temporary provision reflecting the unique conditions of J&K's accession. Its abrogation in 2019, followed by the reorganisation of the state, marked a significant shift towards greater integration with the Indian Union. The Supreme Court's 2023 verdict provided legal validation, solidifying the constitutional changes. This timeline helps understand the journey from special status to full integration.
- 1947 (Oct)Maharaja Hari Singh signs Instrument of Accession (IoA) with India.
- 1949 (Oct 17)Article 370 incorporated into Part XXI of the Indian Constitution, granting special status to J&K.
- 1954 (May 14)Presidential Order extends various Indian Constitutional provisions to J&K; Article 35A inserted.
- 2018 (Jun)Governor's Rule imposed in J&K after BJP withdraws support from PDP, leading to political instability.
- 2019 (Aug 5)Presidential Order C.O. 272 declares Article 370 inoperative; J&K Reorganisation Bill introduced in Parliament.
- 2019 (Oct 31)Jammu and Kashmir Reorganisation Act, 2019 comes into effect, creating UTs of J&K and Ladakh.
- 2022 (May)Delimitation Commission submits its final report for the UT of J&K, proposing new assembly constituencies.
- 2023 (Dec 11)Supreme Court of India upholds the constitutional validity of Article 370 abrogation and the J&K Reorganisation Act.
- 2025 (Dec)PM Modi hails Article 370 abrogation as a constitutional milestone, reinforcing government's stance.
और जानकारी
पृष्ठभूमि
Article 370 of the Indian Constitution granted special autonomous status to Jammu and Kashmir (J&K). It was incorporated into the Constitution on October 17, 1949, as a 'temporary provision' in Part XXI. This article stipulated that except for Defence, Foreign Affairs, Finance, and Communications, the Indian Parliament needed the J&K State Government's concurrence to apply other laws.
Article 35A, derived from Article 370, further empowered the J&K legislature to define 'permanent residents' and grant them special rights and privileges. The Instrument of Accession, signed by Maharaja Hari Singh in 1947, formed the basis of J&K's relationship with India.
नवीनतम घटनाक्रम
On August 5, 2019, the Government of India abrogated Article 370 through a Presidential Order (C.O. 272), which also rendered Article 35A inoperative. Simultaneously, the Jammu and Kashmir Reorganisation Act, 2019, was passed, bifurcating the state into two Union Territories: Jammu and Kashmir (with a legislative assembly) and Ladakh (without a legislative assembly).
Prime Minister Narendra Modi's recent statement in Lucknow reiterates the government's pride in this decision, asserting the full applicability of the Indian Constitution to J&K. This move was recently upheld by the Supreme Court of India, which ruled that Article 370 was a temporary provision and the President had the power to abrogate it.
बहुविकल्पीय प्रश्न (MCQ)
1. Consider the following statements regarding Article 370 and its abrogation: 1. Article 370 was described as a 'temporary provision' in Part XXI of the Indian Constitution. 2. The abrogation process involved a Presidential Order modifying Article 367 to interpret 'Constituent Assembly' as the 'Legislative Assembly of the State'. 3. The original Article 370(3) stipulated that the President could declare the Article inoperative only on the recommendation of the Constituent Assembly of the State. 4. The Supreme Court, in its recent verdict, held that Article 370 had acquired a permanent character due to the dissolution of the J&K Constituent Assembly without recommending its abrogation. Which of the statements given above is/are correct?
उत्तर देखें
सही उत्तर: B
Statement 1 is correct. Article 370 was indeed placed under Part XXI, titled 'Temporary, Transitional and Special Provisions'. Statement 2 is correct. The Presidential Order C.O. 272 of 2019 modified Article 367 (Interpretation Clause) to replace 'Constituent Assembly of the State' with 'Legislative Assembly of the State' (or Governor acting on behalf of the state legislature, as the assembly was dissolved), which was crucial for the abrogation process. Statement 3 is correct. Article 370(3) explicitly stated that the President could declare the article inoperative or operative with modifications only on the recommendation of the Constituent Assembly of the State. Statement 4 is incorrect. The Supreme Court, in its December 2023 verdict, explicitly held that Article 370 was a temporary provision and did not acquire a permanent character even after the dissolution of the J&K Constituent Assembly. The Court upheld the President's power to abrogate it.
2. In the context of the Jammu and Kashmir Reorganisation Act, 2019, consider the following statements: 1. The Act was enacted under the powers granted to Parliament by Article 3 of the Indian Constitution. 2. The newly formed Union Territory of Jammu and Kashmir has a legislative assembly, while the Union Territory of Ladakh does not. 3. Prior to the abrogation of Article 370, the Parliament's power to legislate for Jammu and Kashmir was restricted to subjects like Defence, External Affairs, and Communications, unless the State Government concurred for other matters. Which of the statements given above is/are correct?
उत्तर देखें
सही उत्तर: D
Statement 1 is correct. Article 3 of the Indian Constitution empowers Parliament to form new states, alter areas, boundaries, or names of existing states, and form Union Territories. The J&K Reorganisation Act, 2019, falls under this purview. Statement 2 is correct. As per the Act, the UT of J&K was created with a legislative assembly, similar to Puducherry or Delhi, while Ladakh was created as a UT without a legislature. Statement 3 is correct. This accurately describes the limited applicability of Union laws to J&K under Article 370, where only subjects specified in the Instrument of Accession (Defence, External Affairs, Communications) were automatically applicable, and for others, the concurrence of the State Government was required.
3. With reference to special provisions for states in the Indian Constitution, consider the following statements: 1. Unlike Article 370, the special provisions under Article 371 and 371A-J for various states are not temporary in nature and do not require a recommendation from a state's constituent assembly for their alteration. 2. The Instrument of Accession (IoA) signed by Maharaja Hari Singh of J&K was conditional, granting India control only over Defence, External Affairs, and Communications, which formed the basis for Article 370. 3. The abrogation of Article 370 has led to the automatic repeal of Article 35A, as Article 35A derived its constitutional validity directly from Article 370. Which of the statements given above are correct?
उत्तर देखें
सही उत्तर: D
Statement 1 is correct. The special provisions under Articles 371 and 371A-J for states like Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka are considered permanent features of the Constitution, aimed at addressing specific regional needs or historical contexts. They can be amended by Parliament through a constitutional amendment process, without requiring any state constituent assembly's recommendation. Statement 2 is correct. The Instrument of Accession signed by Maharaja Hari Singh on October 26, 1947, explicitly limited J&K's accession to India to three subjects: Defence, External Affairs, and Communications. Article 370 was subsequently drafted to reflect this limited accession and grant special status to J&K. Statement 3 is correct. Article 35A was introduced into the Constitution through a Presidential Order in 1954, issued under the powers granted by Article 370. Since its constitutional basis was Article 370, its abrogation automatically rendered Article 35A null and void.