What Article 370 Provided
Article 370 of the Indian Constitution gave special status to Jammu and Kashmir, a region in the northern part of the Indian subcontinent. Article 370 conferred on it the power to have a separate constitution, a state flag, and autonomy of internal administration.
Source: Article 370 of the Constitution of India — Wikipedia extract (fetched 2026-07-19)
Legal Structure of Article 370
Adopted in 1949, Article 370 functioned as a constitutional link between India and J&K, restricting Parliament's legislative powers over the state. Under its clauses:
- Legislative Scope: Parliament could only legislate for J&K on subjects corresponding to the Instrument of Accession (Defence, External Affairs, Communications) after consulting the state government. For other subjects, the state assembly's express concurrence was required.
- State Constitution: Allowed J&K to draft its own Constitution, which was adopted in 1956 and defined the internal administrative and legislative structure of the state.
- Modification Mechanism: Under Clause 3 of Article 370, any modification or abrogation of the article required a recommendation from the J&K Constituent Assembly.
Article 35A: Citizenship and Land Protections
Issued via a Presidential Order in 1954 (C.O. 48) under the authority of Article 370(1)(d), Article 35A allowed the J&K Legislature to define "Permanent Residents" (PRs) and grant them exclusive rights:
| Protected Right | Practical Restriction |
|---|---|
| Property Ownership | Only J&K Permanent Residents could purchase or inherit immovable property (land/buildings) in the state. |
| Employment | Reserved all state government jobs exclusively for Permanent Residents. |
| Settlement | Restricted non-residents from permanently settling in the territory. |
| Scholarships | Limited state-funded higher education aid and scholarships to PR certificate holders. |
The 2019 Abrogation Mechanics
Because the J&K Constituent Assembly had dissolved in 1957, regional parties argued that Article 370 could no longer be modified. To bypass this, the central government executed a two-step legal procedure on August 5–6, 2019:
- Amendment of Article 367 (C.O. 272): The President issued an order adding a clause to the interpretation article (Article 367) of the Constitution, stating that the phrase "Constituent Assembly of the State" in Article 370(3) must be interpreted to mean the "Legislative Assembly of the State."
- Governor's Consent: Since the state was under President's Rule and had no active legislature, the Governor of J&K (appointed by the President) acted on behalf of the assembly to consent to the abrogation.
- Declaration of Inoperativeness (C.O. 273): The President declared that all clauses of Article 370 (except clause 1) would cease to operate.
Abrogation and Reorganisation Timeline
The President issued C.O. 272 to redefine the Constituent Assembly. Home Minister Amit Shah introduced the Jammu and Kashmir Reorganisation Bill in the Rajya Sabha.
Following resolutions passed in both Houses of Parliament, the President issued C.O. 273, declaring Article 370 inoperative and ending the special status.
The state was formally dissolved and divided into two Union Territories: Jammu & Kashmir (with a legislature) and Ladakh (without a legislature).
A five-judge Constitution Bench of the Supreme Court of India unanimously upheld the abrogation, ruling that J&K did not retain any elements of sovereignty after accession, that Article 370 was temporary, and that the President had the authority to issue the orders.
Legal Framework & Primary Documents
The following primary legal documents govern the constitutional history of Article 370:
For formal research, always consult original texts. Consult the Resources page for additional links to government portals and gazettes.