What is Article 370 of Indian Constitution – Defination & Meaning

Article 370: Temporary provisions with respect to the State of Jammu and Kashmir (1) Notwithstanding anything in this Constitution,— (a) the provisions of
📅 Part XXI – Temporary, Transitional and Special Provisions
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Article Number

370

part

Part XXI – Temporary, Transitional and Special Provisions

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Bare Acts Text

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

  • (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
      • (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 order specify:
  • 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 Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.
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Full Definition & Explanation

Article 370 of the Indian Constitution historically provided temporary special status to the State of Jammu and Kashmir, allowing it to have its own Constitution, flag, and autonomy over internal administration. On August 5, 2019, the President of India issued the Constitution (Application to Jammu and Kashmir) Order, 2019, effectively abrogating the special status and making all provisions of the Indian Constitution applicable to J&K. Subsequently, the J&K Reorganisation Act, 2019 bifurcated the state into two Union Territories: Jammu & Kashmir, and Ladakh. In December 2023, a 5-judge Constitution Bench of the Supreme Court unanimously upheld the constitutional validity of the abrogation of Article 370, confirming it was a temporary provision.

Historical Context

This article allowed the state to have its own Constitution, which meant that the laws of India did not automatically apply to Jammu and Kashmir. Instead, the Indian Parliament could only legislate for the state with the state’s consent, particularly for matters related to the Union List and the Concurrent List, as per the Instrument of Accession signed in 1947. The President of India could issue orders specifying which laws would apply, but this had to be done in consultation with the state government. The article has a unique status as it was meant to protect the cultural and political identity of Jammu and Kashmir.

Key Features

– Article 370 grants special autonomy to Jammu and Kashmir.
– The Indian Parliament can legislate for the state with state consent.
– The state has its own Constitution separate from India.
– Certain provisions of the Constitution do not apply in Jammu and Kashmir.
– The President can modify laws applicable to the state with consultation.

Importance & Impact

– Article 370 allowed Jammu and Kashmir to retain its unique identity.
– It restricted the Indian government’s power over the state’s affairs.
– Local laws regarding citizenship and property were upheld under this article.
– The abrogation of Article 370 sparked national and international debates.
– It aimed to preserve the cultural heritage of Jammu and Kashmir.

Sample UPSC Question

Consider the following statements regarding Article 370 of the Indian Constitution:
1. The Supreme Court in December 2023 ruled that Article 370 was a permanent feature of the Constitution.
2. The abrogation of Article 370 in 2019 was achieved through a Presidential Order.
3. Following the abrogation, Jammu and Kashmir was bifurcated into two Union Territories.
Which of the statements given above are correct?
A) 1 and 2 only
B) 2 and 3 only
C) 1 and 3 only
D) 1, 2 and 3

Answer

The correct answer is B) 2 and 3 only. Statement 1 is incorrect because the Supreme Court unanimously ruled in December 2023 that Article 370 was a ‘temporary provision’ and upheld its abrogation. Statements 2 and 3 are correct; the special status was revoked via a Presidential Order on August 5, 2019, and the state was bifurcated into the UTs of J&K and Ladakh.

Key Takeaways

✓ Article 370 granted autonomy to Jammu and Kashmir.
✓ It allowed for a separate Constitution for the state.
✓ The Indian Parliament needed state consent to legislate.
✓ The article was abrogated in 2019, changing everything.
✓ It aimed to protect the unique identity of Jammu and Kashmir.

FAQs

Article 370 remains in the constitutional text, but it has been rendered inoperative in its original form. The August 2019 Presidential Order superseded previous orders, ensuring that the entire Constitution of India now applies to Jammu and Kashmir without special exceptions.

For instance, the state had its own laws regarding citizenship and property rights, which were different from those in the rest of India. This autonomy allowed the people of Jammu and Kashmir to maintain a distinct identity, but it also created challenges regarding integration with the rest of the country. In August 2019, the Indian government abrogated Article 370, which led to a major shift in Jammu and Kashmir’s status.

This move meant that the laws of India would now apply uniformly across the state. The decision sparked debates and protests, highlighting the complexities of the region’s political landscape. While some viewed it as a step towards greater integration, others saw it as a threat to the unique identity and rights of the people of Jammu and Kashmir.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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