Vivekananda Institute of Professional Studies - Technical Campus

Department of Journalism and Mass Communication

Socio-Economic and Political Ecosystem Lab

Submitted by: Submitted to:

Raja Ram Longani (10717702424) Dr. Ravi Chaturvedi

1. Introduction

Article 370 was a temporary provision in Part XXI of the Indian Constitution that conferred
special autonomous status upon the former state of Jammu and Kashmir (J&K). It was
intended as a transitional arrangement following the accession of J&K to India in 1947. The
article has been at the center of political, constitutional, and legal debates in India for decades
and continues to impact regional dynamics and national politics even after its abrogation in
2019.

2. Historical Background

• In 1947, following the Partition of British India, princely states were given the option
to join either India or Pakistan.
• The Maharaja of Jammu and Kashmir, Hari Singh, initially chose to remain
independent. However, following an invasion by Pakistani tribal forces in October
1947, he signed the Instrument of Accession with India on October 26, 1947.
• This accession was conditional and applied to three subjects only: defense, foreign
affairs, and communications.
• To formalize this special relationship, Article 370 was included in the Indian
Constitution, drafted by Gopalaswami Ayyangar and adopted on October 17, 1949.

3. Provisions of Article 370

• Autonomy of J&K: The state was granted autonomy in all areas except those
mentioned in the Instrument of Accession.
• Separate Constitution: J&K had its own Constitution (adopted in 1956), and laws
passed by Parliament did not automatically apply to the state.
• Limited Parliamentary Jurisdiction: Parliament could make laws only on subjects
agreed to by the J&K state government.
• Dual Citizenship Denied: Residents of J&K were citizens of India, but non-residents
could not buy land or settle in the state.
• Temporary Provision: Though labeled “temporary,” Article 370 remained in effect for
over 70 years.

4. Legal Developments and Use of Article 370

• Over the years, Article 370 was used to extend various provisions of the Indian
Constitution to J&K through Presidential Orders, with the concurrence of the state
government.
• In effect, more than 90 out of 97 entries in the Union List and a vast majority of
constitutional provisions were gradually extended to J&K.
• However, the article was never abrogated, and J&K retained a unique status.
5. Revocation of Article 370 (August 5, 2019)

• On August 5, 2019, the Government of India effectively abrogated Article 370 using a
two-pronged legal mechanism:
o A Presidential Order (C.O. 272) issued under Article 370(1) applied all
provisions of the Indian Constitution to J&K.
o The J&K Reorganisation Act, 2019, passed by Parliament, bifurcated the state
into two Union Territories:
▪ Jammu & Kashmir (with a Legislative Assembly)
▪ Ladakh (without a Legislative Assembly)

Key Features of the Move

• Article 35A, which derived its authority from Article 370 and gave special rights to
J&K residents, was also nullified.
• The state was brought under the direct control of the central government.
• Political leaders were detained, communication services were suspended, and curfews
were imposed to prevent unrest.

6. Reactions and Implications

Supporters’ Perspective

• Integration: Seen as completing the constitutional integration of J&K with India.

Critics’ Perspective

• Democratic Deficit: Accused the government of unilaterally altering the state’s status
without consent from its elected representatives.
• Constitutional Concerns: Some legal experts argue the move violated constitutional
norms, particularly as the J&K Legislative Assembly was dissolved at the time.
• Human Rights Issues: Imposition of curfews, internet shutdowns, and detention of
political leaders were criticized by human rights organizations and international
observers.
• Alienation: Many fear the move has further alienated the local population, especially
in the Kashmir Valley.
7. Judicial Review and Legal Challenges

• Multiple petitions challenging the constitutionality of the abrogation were filed in the
Supreme Court of India.
• In December 2023, the Supreme Court upheld the abrogation, stating that:
o Article 370 was temporary and transitional in nature.
o Parliament had the power to reorganize the state and revoke its special status.
o The process followed by the government was constitutionally valid.

8. Current Status and Developments

• As of 2025:
o Normalcy has returned in most parts of J&K, though political activity remains
restricted in some areas.
o The Union Territory of J&K has seen increased central investment, but
political parties continue to demand restoration of statehood.
o Elections have been pending, though local bodies and panchayat polls have
been held.

9. Conclusion

The abrogation of Article 370 represents a historic and controversial turning point in India’s
constitutional and political landscape. While supporters argue that it ensures equal rights and
national unity, critics point to democratic erosion and potential long-term instability in the
region. Its full impact — politically, economically, and socially — will unfold over the
coming years.