Article 370 of the Indian Constitution granted special autonomous status to the state of Jammu and Kashmir. Here’s what it said in simple terms: The

Article 370 of the Indian Constitution

Whenever we talk about the Indian Constitution, one article that always sparks debate, emotion, and curiosity is Article 370. For decades, it shaped the political, legal, and emotional relationship between Jammu and Kashmir and the rest of India.

Some people called it the symbol of India’s unity in diversity — proof that the country could respect regional uniqueness. Others saw it as a roadblock — a temporary compromise that created confusion and division.

But no matter what side of the argument you’re on, one thing is clear: Article 370 was one of the most significant and controversial provisions in Indian constitutional history.

Let’s break it down — what Article 370 was, why it was created, what special powers it gave to Jammu & Kashmir, and how and why it was finally abrogated in August 2019.

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The Historical Background — How It All Began

To understand Article 370, we have to go back to 1947, when India became independent and was partitioned into two nations — India and Pakistan.

At that time, there were around 562 princely states ruled by local kings. Each of these states had the choice to:

1. Join India,

2. Join Pakistan, or

3. Remain independent.

Jammu and Kashmir, ruled by Maharaja Hari Singh, was one of these princely states.

The Maharaja initially did not want to join either country. He wanted to remain independent, even though the majority of his population was Muslim.

But things took a dramatic turn in October 1947, when tribal raiders from Pakistan invaded Kashmir. To protect his state, the Maharaja requested military help from India.

India agreed — but only on one condition: the Maharaja must formally accede (join) India.

So, on 26 October 1947, Maharaja Hari Singh signed the Instrument of Accession, officially making Jammu & Kashmir part of India.

However, this accession came with certain special conditions. The Maharaja allowed India to make laws only on three subjects —

• Defence,

• Foreign Affairs, and

• Communications.

For everything else, Jammu & Kashmir would remain autonomous.

It was this special arrangement that later took constitutional shape as Article 370.

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Drafting of Article 370

When the Indian Constitution was being drafted, Jammu and Kashmir’s situation was unique.

To address this, the Constituent Assembly decided to include a special provision in the Constitution — giving the state temporary autonomy until it fully integrated with India.

Gopalaswami Ayyangar, a close associate of Jawaharlal Nehru and a former Prime Minister of Jammu & Kashmir, introduced Article 306A (later renumbered as Article 370) in the Constituent Assembly.

He said the arrangement was temporary because the situation in Kashmir was not yet settled — the state was still under attack and the matter was pending before the United Nations.

Therefore, Article 370 was meant to be a temporary bridge — not a permanent wall — between India and Jammu & Kashmir.

It was adopted into the Constitution on 26 January 1950.

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What Was Article 370?

Article 370 of the Indian Constitution granted special autonomous status to the state of Jammu and Kashmir.

Here’s what it said in simple terms:

1. The provisions of the Indian Constitution would apply to Jammu and Kashmir only to the extent specified by the President, in consultation with the state government.

2. The Parliament of India could make laws for J&K only on subjects mentioned in the Instrument of Accession — defence, foreign affairs, and communications.

3. The state of J&K had its own Constitution, which came into effect in 1957.

4. Indian citizens from other states could not buy land or settle permanently in J&K.

5. Article 370 could be modified or removed only with the recommendation of the State Constituent Assembly.

So, Jammu & Kashmir enjoyed a special constitutional status that no other state in India had.

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Key Features of Article 370

Let’s understand the major features and implications of Article 370 in detail.

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1. Limited Applicability of the Indian Constitution

Only certain provisions of the Indian Constitution applied to Jammu & Kashmir. The President of India could extend more provisions, but only with the concurrence (agreement) of the state government.

This meant J&K had its own Constitution, flag, and laws — while still being a part of India.

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2. Separate Constitution and Flag

Jammu & Kashmir had the power to draft its own Constitution, which it did in 1956. It came into force on 26 January 1957.

The state even had its own flag and official residency rules — something no other Indian state had.

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3. Dual Citizenship

Technically, residents of J&K were citizens of India, but they also had a special status as permanent residents of the state.

They enjoyed certain exclusive rights, like:

• Owning land in J&K.

• Getting government jobs in the state.

• Access to scholarships and welfare schemes.

Indians from outside the state could not enjoy these privileges.

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4. Restricted Legislative Powers of Parliament

The Indian Parliament could make laws for J&K only in three areas — defence, foreign affairs, and communications — as per the Instrument of Accession.

For other subjects, it needed the state government’s consent.

This made J&K’s relationship with India different from other states, which were fully governed by the Indian Constitution.

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5. Article 35A — Special Rights for Permanent Residents

In 1954, the President issued a Constitution (Application to Jammu and Kashmir) Order, adding Article 35A to the Constitution.

Article 35A allowed the J&K Legislature to define “permanent residents” and give them special rights regarding:

• Property ownership.

• Government jobs.

• Education and scholarships.

• Welfare benefits.

This further strengthened the state’s autonomy but also became one of the most controversial provisions later.

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Why Article 370 Was Considered Temporary

Article 370 itself was titled “Temporary provisions with respect to the State of Jammu and Kashmir.”

It was meant to be temporary because:

• The Constituent Assembly of J&K was supposed to decide the state’s final constitutional relationship with India.

• Once the J&K Constituent Assembly was dissolved in 1957, Article 370 technically became permanent by default — since there was no body left to recommend its removal.

So, although it was meant to be temporary, it remained in force for over 70 years — becoming a permanent part of India’s political landscape.

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How Article 370 Worked in Practice

In practice, Article 370 meant that Jammu & Kashmir enjoyed far more autonomy than any other Indian state.

Here’s how things worked:

1. The Indian Parliament couldn’t make laws on most subjects for J&K without state approval.

2. The Indian Supreme Court and other central laws applied only when the state government agreed.

3. The Governor and Chief Minister had more powers compared to other states.

4. J&K could make its own laws on almost everything except defence, foreign affairs, and communication.

Over the years, however, the central government issued several Presidential Orders extending more and more parts of the Indian Constitution to J&K — gradually reducing its autonomy.

By 2019, almost the entire Indian Constitution had been applied to J&K through these orders — though Article 370 technically still existed.

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Criticism of Article 370

Article 370 was one of the most debated provisions in Indian history. It had both strong supporters and critics.

Critics Argued That:

1. It created a “state within a state”, weakening national unity.

2. It encouraged separatism and alienation among the people of J&K.

3. It led to unequal development compared to other states.

4. It prevented outsiders from investing or buying property, limiting economic growth.

5. It became irrelevant because almost all central laws already applied to J&K.

Supporters Argued That:

1. It was a constitutional guarantee given at the time of accession.

2. It respected the unique culture, history, and identity of Kashmir.

3. It helped maintain peace and stability in a sensitive border region.

4. It was a symbol of India’s federalism and flexibility.

In short, Article 370 was seen by some as a symbol of trust, and by others as a symbol of division.

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Step-by-Step: How Article 370 Was Abrogated in 2019

The story of Article 370 took a historic turn on 5 August 2019, when the Government of India, led by Prime Minister Narendra Modi and Home Minister Amit Shah, announced its abrogation (removal).

Let’s understand exactly how it happened.

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Step 1: Presidential Order — 2019

On 5 August 2019, the President of India issued the Constitution (Application to Jammu and Kashmir) Order, 2019.

This order made all provisions of the Indian Constitution applicable to Jammu & Kashmir.

It superseded the 1954 order that had added Article 35A and limited the application of the Constitution.

This effectively stripped J&K of its special status.

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Step 2: Resolution in Parliament

The government then introduced a resolution in the Rajya Sabha recommending that Article 370 cease to operate.

The resolution stated that since the J&K Constituent Assembly no longer existed, the recommendation could be made by the J&K Legislative Assembly — but as J&K was under President’s Rule at that time, Parliament had the power to act on its behalf.

The resolution was passed by both Houses of Parliament.

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Step 3: Jammu and Kashmir Reorganisation Act, 2019

On 6 August 2019, the President issued another notification declaring that Article 370 had ceased to operate.

At the same time, Parliament passed the Jammu and Kashmir Reorganisation Act, 2019, which came into effect on 31 October 2019.

This Act bifurcated the state into two Union Territories:

1. Jammu and Kashmir — with a Legislative Assembly.

2. Ladakh — without a Legislative Assembly.

This marked the end of Jammu & Kashmir’s special constitutional status.

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What Changed After the Abrogation

The abrogation of Article 370 brought major changes to the region’s constitutional and legal structure.

1. Full Applicability of the Indian Constitution

Now, the entire Indian Constitution applies to Jammu & Kashmir and Ladakh — just like in any other part of India.

2. Article 35A Repealed

The special rights for permanent residents were removed. Now, anyone from any part of India can buy land or settle in J&K.

3. Dual Citizenship Ended

All residents are now only Indian citizens — no separate state citizenship exists.

4. Separate Constitution Abolished

The J&K Constitution (1957) was scrapped. The Indian Constitution is now the only governing document.

5. Legislative Powers

Jammu & Kashmir now has a Legislative Assembly, but as a Union Territory, many subjects fall under the control of the Lieutenant Governor and Central Government.

6. Central Laws Extended

All central laws — including laws on education, property, reservation, and governance — now apply to J&K and Ladakh.

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Reactions and Impact

The move to revoke Article 370 created mixed reactions across India and the world.

Supporters Said:

• It would promote equality by putting J&K on the same footing as other states.

• It would open doors for investment and development.

• It would help integrate Kashmir more closely with the rest of India.

• It would reduce separatism and terrorism by removing special privileges.

Opponents Said:

• It was unconstitutional, as it didn’t involve the consent of the J&K Legislative Assembly.

• It would alienate the local population.

• It violated the promise made at the time of accession.

• It might lead to administrative and political instability.

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Legal Challenges

After the abrogation, several petitions were filed in the Supreme Court challenging the government’s decision.

Petitioners argued that:

• Article 370 could not be abrogated without the recommendation of the J&K Constituent Assembly.

• Parliament exceeded its powers under President’s Rule.

The Supreme Court formed a five-judge Constitution Bench to hear the matter. As of 2025, the final judgment is still awaited, though the constitutional change has been implemented in full force.

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Present Status of Jammu and Kashmir

Since October 2019, Jammu & Kashmir and Ladakh function as Union Territories.

Jammu & Kashmir UT:

• Has its own Legislative Assembly.

• The Lieutenant Governor acts as the administrative head.

• Laws and governance are under both the Centre and the UT government.

Ladakh UT:

• Has no Legislative Assembly.

• Administered directly by the Centre through the Lieutenant Governor.

Development projects, tourism, and infrastructure have increased since 2019, but political dialogue and local elections are still awaited.

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Importance of Article 370 in Indian Politics

Article 370 was not just a legal clause — it was a symbolic, emotional, and political issue.

For decades, it:

• Defined the centre–state relationship for J&K.

• Influenced India–Pakistan relations.

• Shaped national politics, with some parties demanding its removal and others defending it.

Its abrogation marked a major political and constitutional shift — one that continues to define the conversation around federalism, unity, and national integration.

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Article 370 and Article 35A — The Twin Provisions

Article 35A was a by-product of Article 370.

It existed only because of Article 370, which allowed the President of India to make special constitutional orders for J&K.

Without Article 370, Article 35A could never have been added — and when Article 370 was abrogated in 2019, Article 35A automatically ceased to exist.

In short:

Article 370 gave special status,
Article 35A gave special rights.

They were two sides of the same coin.

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Rights and Privileges Under Article 35A

Here’s what made Article 35A unique (and controversial):

1. Property Rights:
   Only “permanent residents” of J&K could own land in the state. Indians from other states could not buy property there.

2. Government Jobs:
   Only permanent residents could get jobs in the state government or related institutions.

3. Education Benefits:
   Scholarships and educational facilities in state-run institutions were reserved for permanent residents.

4. Right to Settle:
   Non-residents could not permanently settle in J&K, even if they were Indian citizens.

This created a clear distinction between residents and non-residents, which many felt violated the principle of equality under Article 14 of the Constitution.

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Significance of the 2019 Decision

The abrogation of Article 370 is often seen as one of the most transformative political decisions in independent India.

It has several major implications:

1. Legal Uniformity: Now, all laws of India apply equally to J&K.

2. National Integration: There’s no special status — J&K is fully integrated into the Indian Union.

3. Economic Opportunities: Businesses and investors can now operate freely in the region.

4. Social Equality: People from all parts of India can settle, work, and own property there.

5. Administrative Efficiency: Central control ensures faster implementation of welfare schemes.

At the same time, challenges remain — especially in restoring trust, peace, and political participation among the people of Jammu & Kashmir.

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Article 370 and Federalism

Some critics say removing Article 370 weakened India’s federal structure, because it reduced state autonomy.

However, supporters argue that it actually strengthened the idea of unity — ensuring equal constitutional rights for all citizens, regardless of where they live.

It’s a classic debate between “unity through diversity” and “unity through uniformity.”

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Conclusion

Article 370 of the Indian Constitution was one of the most unique and complex provisions ever written. Born out of history, conflict, and compromise, it defined India’s relationship with Jammu & Kashmir for more than 70 years.

Its removal in 2019 was not just a legal act — it was a turning point in Indian history, signaling a new era of integration and governance.

Supporters see it as the completion of India’s unification, while critics view it as the end of a special identity and promise.

But whatever one’s opinion, one thing is certain — Article 370 will always remain one of the most discussed, debated, and defining chapters of India’s constitutional journey.

It tells a powerful story of how a nation evolves — from compromise to consolidation, from division to unity — and from temporary provisions to permanent change.

In simple words, Article 370 began as a bridge — and ended as history.