February 26, 2024

The State of Jammu and Kashmir was granted special status by a temporary provision found in the Indian Constitution known as Article 370. This article was only meant to be temporary until a plebiscite was held to determine the wishes of the general public. The Constituent Assembly of Jammu and Kashmir had the authority to amend, remove, or keep it. On the other hand, there has been a great deal of discussion lately regarding this Article’s temporary status.

Article 370 kya hai

  • Internal administrative autonomy was granted to Kashmir upon the implementation of Article 370 in October 1949. This meant that Kashmir could enact its own laws in any area other than finance, defense, foreign affairs, and communications.
  • N Gopalaswami Ayyangar, a member of the Indian Constituent Assembly, wrote it, and it was included in the constitution in 1949 as what was known as a “temporary provision.”
  • The area under Indian administration established its own flag and constitution, and it forbade outsiders from claiming property rights there.
  • The provisions of Article 370 prohibit Indian nationals from other states from purchasing any real estate or land in Jammu and Kashmir.
  • It was based on the terms of the 1947 Instrument of Accession, which Hari Singh, the ruler of Jammu and Kashmir, had signed to join India after Pakistan’s invasion.

article 370 of Indian constitution: Call for Abrogation

  • The Bharatiya Janata Party promised to integrate the state of Jammu and Kashmir into the Union of India in 2014 as part of their manifesto for the general election.
  • Following their election victory, the party and the RSS party attempted to have Article 370 of Indian Constitution revoked. Furthermore, Maharaja Hari Singh’s son and Congress leader Karan Singh has stated that a comprehensive review of Article 370 is long overdue and should be coordinated with the State of Jammu and Kashmir.
  • Nonetheless, the Jammu and Kashmir High Court held in October 2015 that Article 370 of Indian Constitution could not be revoked, amended, or even repealed. It clarified that the State’s Constituent Assembly was empowered by Clause III to recommend to the President that the Article be repealed.
  • Despite being designated as a temporary provision in the Constitution, Article 370 of Indian Constitution has acquired the characteristics of a “permanent provision” since the Constituent Assembly did not make a recommendation like this prior to its dissolution in 1957.

article 370 of Indian constitution: Verdict by the Supreme Court

  • article 370 removal date was on August 5, 2019. The Union government removed Jammu and Kashmir’s special status by weakening Article 370.
  • On 11th December, 2023, the Supreme Court’s Constitution Bench unanimously maintained the President’s authority to revoke Article 370 of Indian Constitution, which resulted in the State of Jammu and Kashmir (J&K) being divided into two Union Territories and stripped of its unique rights in August 2019.
  • It argued that, during a period of internal conflict and warfare, Article 370 of Indian Constitution was merely a “temporary provision” to facilitate the then-princely State’s admission to the Union.
  • The Supreme Court noted that the action taken on August 5, 2019, to revoke Article 370 of Indian Constitution, ending the former state of Jammu and Kashmir’s special status, was intended to strengthen constitutional integration rather than cause disintegration.
  • The Court has recognized that the nature of Article 370 was not permanent.

Article 370: Reasons for Abrogation

  • Development and Integration: By fostering a sense of separatism and obstructing Jammu and Kashmir’s development, Article 370 prevented the region’s full integration into the Indian Union.
  • National Security: Pakistan used Article 370 to encourage separatism and terrorism in the area. By giving the Indian government greater authority over the area and the ability to crack down on terrorist activity, the abrogation would improve national security.
  • Ending Discrimination: In Jammu and Kashmir, women, Dalits, and other marginalized groups were subjected to discrimination under Article 370. They would have equal rights and opportunities and come under Indian law as a result of the abrogation.
  • Openness and Accountability: The governance of Jammu and Kashmir was rendered opaque and unaccountable by Article 370. Better governance and accountability would result from the abrogation, which would place the state under the jurisdiction of the Central Vigilance Commission alongside the Right to Information Act.
  • Economic Prosperity: Jammu and Kashmir’s economy was hampered by Article 370. Increased investment, tourism, and job creation in the area would be made possible by the abrogation.

The ruling on Article 370 by the Supreme Court is a significant turning point in the history of India’s constitution. In addition to resolving a difficult legal dispute, it has sparked discussions about the fine line that separates regional autonomy from national integration. It is crucial to consider how India’s diverse fabric is evolving in terms of governance, identity, and unity as the country struggles to deal with the fallout from this decision.

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