Article 370 of Indian Constitution

By : Neha Dhyani

Updated : May 17, 2022, 6:57

Article 370 of the Indian Constitution recognizes Jammu and Kashmir's unique position in terms of autonomy and the power to enact laws for the state's permanent citizens. The Indian Constitution's Fundamental Rights were declared applicable to Kashmir with exclusions in the 1954 Presidential decree, among other things.

History of Article 370 of the Indian Constitution

Article 370 of the Indian constitution was enacted on 17 October 1949 as a 'temporary clause' that exempted Jammu and Kashmir from the Indian constitution, allowing it to establish its constitution and limiting the Indian Parliament's legislative powers in the state.

Sir Narasimha Gopalaswami Ayyangar proposed it as Article 306 A in the draft constitution. After drafting the state constitution, the Jammu and Kashmir Constituent Assembly was dissolved. [Note: The President of India has the right to change the provisions and scope of Article 370 under Clause 3 of the Constitution.]

On 25 January 1957, the State's constituent assembly disbanded itself without recommending either Abrogation of Article 370 or its revision, leaving the provision's existence in limbo.

Progression of Article 370

The Constituent Assembly of Jammu and Kashmir was given the ability to suggest which provisions of the Indian Constitution should apply to the state under Article 370. By declarations of the Supreme Court of India and the High Court of Jammu and Kashmir, the clause was eventually declared to have gained permanent existence.

This meant that all that was necessary to apply a central provision to the state on matters covered by the Instrument of Accession was "consultation" with the state government.

The state government's "consent" was required to apply a central law to subjects other than defence, foreign affairs, and communications.

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Abrogation of Article 370

The Constitution (Implementation to Jammu and Kashmir) Order, 2019 was issued on 5 August 2019 by the President of India in the exercise of the powers conferred by Clause (1) of Article 370 of the Indian Constitution, and the special status granted to Jammu and Kashmir was repealed, through the Abrogation of Article 370.

After the abrogation of Article 370, Jammu and Kashmir no longer have their own constitution, flag, or anthem, and their residents no longer have dual citizenship. All changes to the law made by the parliament, including the Right to Information Act and the Right to Education Act, are now in effect in Jammu and Kashmir.

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The Indian Constitution, as well as all 890 Central provisions, are completely applicable to Jammu and Kashmir now that Article 370 has been repealed. Once Article 370 was revoked, Jammu and Kashmir were considered a part of India in both text and spirit.

Article 370 of the Indian Constitution was considered a transitory and ineffective measure that had to be repealed.

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FAQs on Article 370

Q1. What is the definition of Article 370?

Ans. Article 370 emphasizes Jammu and Kashmir's unique position in terms of autonomy and the power to enact laws for the state's permanent citizens.

Q2. When did the abrogation of Article 370 occur?

Ans. The Indian government abolished Article 370 on 5 August 2019.

Q3. Who proposed the concept for Article 370?

Ans. Sir Narasimha Gopalaswami Ayyangar proposed the concept for Article 370.

Q4. What are the changes that ensued after the abrogation of Article 370?

Ans. After the abrogation of Article 370, Jammu and Kashmir no longer have their constitution, flag, or anthem, and their residents no longer have dual citizenship. All changes to the law made by the parliament, including the Right to Information Act and the Right to Education Act, are now in effect in Jammu and Kashmir.