Article 370 of the Constitution of India

Article 370 is a constitutional provision that offers special status to Jammu and Kashmir. The Constitution came into force on January 26, 1950. This unique provision was discussed in the constituent assembly of India after discussion in its drafting committee and, sometimes, in discussion in the Congress parliamentary party. The clause was added to the Constitution’s Temporary, Transitional, and Special Provisions section (Part XXI). It is clear from the part’s title that this was intended to be a temporary solution, and its use was expected to continue until the state’s constitution had been written and adopted.

Article 370 restricted the Parliament’s legislative powers to the state of J&K. The administration of Prime Minister Narendra Modi decided in 2019 to withdraw Kashmir’s special status, which granted it a certain degree of independence.

What is Article 370?

Article 370 was a provision in the Constitution of India that granted special autonomous status to the region of Jammu and Kashmir.

• It was drafted in 1947, shortly after India gained independence from British rule, to provide the state with a level of autonomy over its internal affairs, except in matters related to defense, foreign affairs, finance, and communications.
• Under Article 370, Jammu and Kashmir had its own constitution and a considerable degree of legislative independence, which meant that laws passed by the Indian Parliament would not automatically apply to the state unless the state government specifically agreed to them.
• Additionally, the provision prohibited non-residents from owning property or settling permanently in the region, aiming to safeguard the demographic and cultural integrity of the state.
• Article 370 granted Kashmir independence of internal administration, allowing it to make its laws in all matters except finance, defence, foreign affairs, and communications.
• The area under the Indian administration created its flag and constitution, and it prohibited outsiders from claiming property rights there.
• A 1954 amendment to Article 370, known as Article 35A, gave state legislators the authority to provide particular rights and benefits for state permanent residents.

Historical Background of Article 370

Jammu and Kashmir was a princely state in an auxiliary partnership with the British East India Company that was under British rule from 1846 to 1858. It then came under the British Crown until 1947.

• But in 1947, things suddenly changed. Maharaja Hari Singh, the ruler of Jammu and Kashmir, chose not to support Pakistan or India during the partition.
• He had to rethink his decision, however, when Pakistani tribal militias, supported by the nation’s government, attacked him in October 1947.
• In an attempt to get help in resisting the invasion, the Maharaja made a desperate call to New Delhi. Under the leadership of then-prime minister Jawaharlal Nehru, the Indian government agreed to assist but required Hari Singh to sign an Instrument of Accession first.
• Maharaja Hari Singh signed the Instrument of Accession on October 26, 1947, pledging his support to the newly independent India in the areas of communications, foreign affairs, and defence. The document came into effect on October 17, 1949.

The Constitutional Significance of Article 370

Article 370 of the constitution is the current foundation of the constitutional relationship between Jammu and Kashmir and the rest of India.

• First of all, there has been an ongoing conflict inside the borders of the state of Jammu and Kashmir. This year began with an agreement for a cease-fire, which is still in effect.
• However, the state’s current circumstances remain unusual and abnormal. They are still not at peace.
• Therefore, the administration of the state must be focused on these unique circumstances until normal life comes back, as in the case of the other states. Article 370 of the Indian Constitution established the limits for Jammu and Kashmir’s links with the rest of India.
• Over time, the government expanded the majority of the Constitution’s provisions to Jammu and Kashmir through a series of Presidential Orders, ultimately weakening the independence provided by Article 370.

Constitutional Implication of Article 370

Early action on this matter could lead to unnecessary consequences.

• In its implications for Article 370, the high court verdict did not break any new ground. The previous Supreme Court decision acts as a reminder that Article 370 is still in effect.
• It suggests that the president’s unlimited power to make orders, as has been done repeatedly over the years to apply various laws and parts of the constitution to Jammu and Kashmir, is going to remain.
• The court pointed out the significance of Article 370 and demonstrated how eliminating it will weaken the receiving of special status by repeating the fundamental necessity that even laws affording constitutional protection require the use of the article and orders issued under its grant.
• Although Parliament can still modify the constitution under Article 368, it would be good for any administration to postpone reconsidering Kashmir’s constitutional status until after the conflict with Pakistan over the region’s totality has been resolved.

Provisions of Article 370

There are some provisions that make for a better understanding of Article 370:

• The state was released from the full force and effect of the Indian Constitution. The authority to create a constitution was granted to the state.
• During the time of its drafting, the three areas of defence, foreign policy, and communications were only those over which the state’s central legislature had authority.
• The state government’s approval was required before the central government could grant the state additional constitutional powers. There was only a temporary agreement. The Constituent Assembly of the State had to approve it.
• Until the State Constituent Assembly met, the state government’s power to grant “concurrence” was limited. Once the State Constituent Assembly finalised the plan of powers and dispersed, no further increase in powers was possible. Only the state’s constituent assembly might recommend the repeal or amendment of Article 370.

Abolition of Article 370

However, on August 5, 2019, the Government of India, led by the Bharatiya Janata Party (BJP), revoked Article 370 through a presidential order, effectively stripping Jammu and Kashmir of its special status.

• This move was accompanied by the bifurcation of the state into two Union Territories: Jammu and Kashmir, and Ladakh. Prime Minister Narendra Modi and the ruling Bhartiya Janata Party rejected Article 370, and the proposal was included in the 2019 election agenda.
• The decision to abrogate Article 370 was met with both praise and criticism, with proponents arguing that it would integrate Jammu and Kashmir more fully into India and facilitate development, while critics viewed it as an erosion of the state’s autonomy and a violation of its unique identity.
• To put Kashmir on a level with the other Indian states and union territories, it was necessary to cancel it. It didn’t take long for the Modi administration to act on its election promise to remove Article 370 of the Indian Constitution after taking back the government.
• Article 370 was eventually removed on August 5, 2019. Jammu & Kashmir will operate under the Indian Constitution, much like all other states and union territories, and will not have its own constitution.
• All the Indian laws will apply to the Kashmiri people, and people who live in other states can now purchase property in Jammu and Kashmir.

Controversies and Criticism On The Abolition of Article 370

There are plenty of controversies and criticisms that occurred at the time of the removal of Article 370:

• Without consulting the political leaders of Kashmir, who have been detained, the process has been carried forward.
• According to this, the president of a state must propose a bill that would reduce its size or change its name to the legislature of that state so that the legislature may express its opinions on it before parliament can consider it.
• The Home Minister stated in Parliament that parliament has the authority to carry out the assembly’s powers because the Jammu and Kashmir assembly was dissolved and the central government governs the state. People lost their rights on an issue that directly touched their lives and feelings when the Centre made a sudden change.
• The claim that Delhi is stealing power from the local level would be created by those eager to weaken India. They may oppose this choice because a Union Territory without a legislature weakens the concept of power decentralisation to the grassroots and may cause Leh to gain more influence, removing all of the progress that they have earned over the years.

Impact of Abolishing Article 370

The abolition of Article 370 had immediate and far-reaching effects on various aspects of life in Kashmir.This move, which aimed to integrate the region fully into India, has sparked fears of escalating tensions.

• Initially, there was a pervasive sense of fear and unrest among the people, fueled by concerns that the central government aimed to erode the identity and culture of native Kashmiris.
• Economically, Kashmir experienced a rapid decline, with the region losing over $180 billion in revenue and over 90,000 people losing their livelihoods and jobs due to communication shutdowns, curfews, and militant threats.
• The education sector also suffered significantly, as the internet blockade rendered many college and university students unable to access online resources for education and apply for further studies.
• The restriction of internet access to public offices created additional stress for students, who had to endure long queues and sometimes pay for access, hindering their academic progress and personal growth.
• Overall, the abolition of Article 370 had immediate adverse impacts on the economy, education, and social fabric of Kashmir, exacerbating existing tensions and challenges faced by its residents.
• The rapid approval of a bill dividing Jammu and Kashmir into two Union territories further underscores the government’s determination to implement this decision.
• The revocation of Article 370 has triggered strong reactions from Pakistan, which sees it as a violation of UN resolutions, and China, which opposes the establishment of Ladakh as a separate territory.
• Despite calls for restraint from the international community, including the UN Secretary-General, there are heightened concerns about the possibility of further conflict between India and Pakistan, both nuclear-armed states.

Conclusion- Article 370

Article 370 is the outcome of a freely agreed-upon contract between the people and the constitutional authority of India. This article explains how the instrument of accession affected the state of Jammu and Kashmir. The state assembly has the power to create its constitution. The state assembly is also going to decide the right level of central government authority. The state of Jammu and Kashmir was experiencing a special status because of the violence that was currently on the land. Due to conflicts in the neighbouring countries, Article 370 of the Indian Constitution was put into effect to give the people of Jammu and Kashmir independence. However, it was cancelled in 2019 when the Bhartiya Janata Party came to power, causing a great deal of opposition and challenges that the government was able to quickly sort out. It also raised Jammu and Kashmir to the same status as the other states and merged it into the Indian Union.

FAQs On Article 370

What was Article 370 meant for?

Article 370 of the Constitution of India gives special status to Jammu and Kashmir.

What are the benefits of 370 removals in Kashmir?

A few significant changes that are directing both of the new Union Territories towards the path of peace and progress are the empowerment of people, the abolition of unfair laws, the bringing of equity and fairness to those who have been discriminated against for ages and are now receiving equal treatment, as well as full growth.

When was Article 370 introduced?

In October 1949, Article 370 was introduced.

Who inserted Article 370?

The Constitution (Application to Jammu and Kashmir) Order, 1950, which Indian President Rajendra Prasad issued later, under Article 370, defined the entire range of powers that the Parliament would be able to use in Jammu and Kashmir.

Has Article 370 been removed?

Yes, article 370 has been removed.

Can Article 370 come back?

PM Narendra Modi said that no power in this universe can bring back Article 370.

What changed in Kashmir after the removal of 370?

A considerable decline in both the recruitment of locals into militancy and the killing of terrorists in 2023 compared to previous years is another outcome of the removal of Article 370.

Who removed Article 370 in Kashmir?

On December 11, 2023, a five-judge bench of the Supreme Court of India unanimously upheld the Indian Government’s decision to abrogate Article 370.

How many states and union territories are in India after Article 370?

There are 8 union territories and 28 states in India after the removal of Article 370.