Article 370 of the Indian Constitution: 6 Years After Abrogation

On August 5, 2019, India revoked Article 370, ending Jammu & Kashmir's special status and splitting it into two Union Territories. Its sixth anniversary on August 5, 2025, has revived debates, protests, and a Supreme Court hearing.

• Relevant for UPSC Prelims & Current Affairs.
• Relevant for Mains GS Paper II (Polity & Governance) and GS Paper I (Indian History).
• Important for Essay and Interview discussions on federalism, autonomy, and constitutional changes.

Article 370 was a constitutional provision that granted special autonomous status to Jammu and Kashmir. The key features included:

1. Special Autonomy Powers:

• Special Status: J&K had its own Constitution, flag, and autonomy over most internal matters, except defence, foreign affairs, finance, and communications.
• Own Constitution: The state’s separate Constitution came into effect on 26 January 1957.

2. Limited Central Authority:

• Limited Parliament Powers: The Indian Parliament’s laws did not automatically apply to J&K.
• Special Procedure: Extending central laws required the state government’s consent and a Presidential Order.

3. Article 35A Connection:

• Link to Article 370: Article 35A was introduced through Article 370.
• Special Powers: Allowed the J&K Assembly to define permanent residents and grant them exclusive rights in property and jobs.

4. Constitutional Protection and Amendment Process:

• Constituent Assembly’s Recommendation: Article 370 could only be abrogated or amended with the recommendation of the state's Constituent Assembly.
• Placement in the Constitution: The provision was placed in Part XXI of the Constitution under "Temporary, Transitional and Special Provisions".

5. Restricted Application of Constitutional Provisions:

• Limited Applicability of Fundamental Rights & Directive Principles: Many Fundamental Rights and Directive Principles of State Policy did not automatically extend to Jammu & Kashmir.
• Exemption from Full Constitution: The state was not subject to the complete applicability of the Indian Constitution.
• Restricted Emergency Powers: Emergency provisions and other central constitutional mechanisms had only limited application in the state.

Article 370 was created due to the unique circumstances surrounding Jammu and Kashmir's accession to India in 1947. It was linked to the complicated politics of partition and the urgent need to protect the region from outside attacks. Let’s understand the timeline.

1. Partition and Independence Context (1947):

• When India became independent on August 15, 1947, Jammu and Kashmir was not part of its territory.
• The princely state under Maharaja Hari Singh initially chose to remain independent rather than join India or Pakistan.
• The region's strategic location, bordering China, Afghanistan, and Pakistan, makes it geopolitically significant.

2. Pakistani Invasion and Emergency Accession:

• In October 1947, tribal militias from Pakistan invaded Jammu and Kashmir, forcing the Maharaja's hand.
• Facing an existential threat, Maharaja Hari Singh signed the Instrument of Accession on October 26, 1947.
• India agreed to provide military assistance only after the legal accession was completed.

3. Constitutional Drafting Process:

• Article 370 was drafted by N. Gopalaswami Ayyangar and adopted on October 17, 1949.
• Ayyangar argued that J&K was "not ripe for full integration" and needed significant autonomy.
• The provision was placed in Part XXI as a temporary, transitional, and special provision.

4. Limited Terms of Accession:

• The Instrument of Accession restricted the Union's powers to just three subjects: defense, foreign affairs, and communications.
• Clause 5 specified that terms could not be varied without the Maharaja's consent through a supplementary instrument.

5. Constitutional Compact and Agreement:

• Article 370 represented a solemn compact between India and Kashmir, protecting the state's unique accession terms.
• The 1952 Delhi Agreement between Nehru and Sheikh Abdullah further defined the relationship.

The repeal of Article 370 occurred through a complex constitutional process on August 5, 2019:

1. Presidential Orders:

• President Ram Nath Kovind issued Constitutional Order 272, changing “Constituent Assembly” to “Legislative Assembly” in Article 367.
• Constitutional Order 273 declared that all Indian Constitution provisions would apply to Jammu and Kashmir.

2. Parliamentary Resolution:

• On August 5, 2019, the Rajya Sabha passed a resolution recommending the abrogation, with 125 votes in favor and 61 against.
• On August 6, 2019, the Lok Sabha approved the resolution with 370 votes in favor and 70 against, supporting the presidential orders.

3. Complete Integration:

• Jammu and Kashmir lost its separate constitution, flag, and special privileges.
• All central laws now apply directly to the region without needing state government approval.

Must read current affairs article: Mahanadi River Inter-State Water Dispute.

Article 370 was abrogated by the Indian government on August 5, 2019, marking a significant constitutional change. The government cited several key reasons for this historic decision:

1. National Integration and Unity:

• Article 370 stopped Jammu and Kashmir from fully joining India.
• It made some people feel separate from the rest of the country.
• The government wanted to remove this difference and unite J&K with India.

2. Economic Development and Investment:

• The special status hindered economic growth and deterred outside investment in the region.
• Article 370 created barriers to infrastructure development and industrial growth.
• The abrogation was expected to open opportunities for tourism, job creation, and economic prosperity.

3. National Security and Counter-Terrorism

• Pakistan used Article 370 to encourage terrorism and separatism in Kashmir.
• It helped increase cross-border attacks and violence.
• Removing Article 370 was meant to improve security and control at the borders.

4. Legal Uniformity and Good Governance

• The special status created legal confusion and disparities in law application.
• Article 370 prevented central laws like the Right to Information Act and the Central Vigilance Commission from applying to J&K.
• The abrogation aimed to bring transparency, accountability, and uniform governance.

5. Social Justice and Equal Rights

• Article 370 was criticized for discriminating against women, Dalits, and marginalized groups.
• The provision denied equal constitutional rights available to citizens in other parts of India.
• The abrogation was intended to ensure equal opportunities and social justice for all communities.

The removal of Article 370 on August 5, 2019, sparked widespread criticism from different groups. Some of the main concerns were:

1. Undermining Jammu & Kashmir’s Autonomy:

• Critics argue that the abrogation removed Jammu and Kashmir’s special status and self-governance, turning it into a Union Territory without the consent of its people.

2. Bypassing the Democratic Process:

• The use of presidential orders during President’s Rule, instead of approval from the elected state assembly, is seen as bypassing democratic principles.

3. Human Rights and Security Measures:

• The heavy deployment of troops, prolonged communication shutdowns, and restrictions on movement post-abrogation raised alarms over civil liberties and human rights.

4. Threat to Cultural Identity:

• Many fear demographic changes and loss of local culture, traditions, and land rights due to opening property laws to non-residents.

5. Economic Disruption:

• While there are short-term economic gains, concerns remain about local job losses, possible land alienation, and unequal benefits favoring outside investors.

Must read current affairs article: Vice President of India: Mid-Term Resignation Citing Health Reasons

The abrogation of Article 370 on August 5, 2019, brought wide-ranging changes in Jammu & Kashmir and Ladakh:

• Enhanced Security: Major decline in militant incidents and infiltration attempts, leading to improved law and order.
• Increased Investment: Proposals worth over ₹88,915 crore approved, aiming to create jobs for nearly 4 lakh people and boost tourism and industry.
• Uniform Legal Framework: Central laws, including the Right to Information and land reforms, now apply uniformly, ending the dual legal system.
• Infrastructure Development: Accelerated projects in roads, railways, telecommunications, and power, improving connectivity across the region.
• Political Realignment: Conduct of the first assembly elections in 2024 under the new Union Territory status, with record voter turnout in local polls.
• Cultural and Identity Concerns: Ongoing fears about demographic shifts and the erosion of local customs due to new property and residency laws.
• Administrative Streamlining: Simplified governance structure under the Jammu & Kashmir Reorganisation Act, 2019, but with reduced state-level autonomy.

After the abrogation of Article 370, Jammu and Kashmir entered a new phase. To ensure lasting peace and progress, the following steps are important:

• Restore Democracy: Conduct timely elections to re-establish local governance and political representation in Jammu & Kashmir.
• Promote Development: Focus on infrastructure, education, healthcare, and job creation to improve living standards.
• Ensure Security: Strengthen counter-terrorism efforts while promoting peace and stability in the region.
• Build Trust: Engage with local communities through dialogue to address grievances and foster unity.

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