This article is based on 370

1. Article 370 of Indian
Constitution: A Landmark
in India's History
The Indian Constitution makes special provisions for the state of Jammu
and Kashmir. Let's find out how Article 370 became one of the most
talked-about articles in Indian constitutional history.
- By Aman Tiwari

2. Background of Article 370
The Beginnings
In 1947, India became independent from
British rule and Jammu and Kashmir (J&K)
became a part of India. J&K, unlike other
princely states, was granted a special status
under Indian law.
The Context
The idea was to give J&K autonomy in many
matters, including its own constitution and
special privileges in defence, foreign affairs,
and finance.
The Events
The accession of J&K to India witnessed a
series of historical events that led to special
provisions in the Indian Constitution for J&K.
The Need for Article 370
Article 370 was introduced in the Indian
Constitution to fulfill the need for a special
status for J&K.

3. What is Article 370?
1 Introduction
Article 370 is a temporary provision in
the Indian Constitution that grants J&K
special status. It gave the state its
constitution and restricted the Central
Government's powers.
2
Special Powers
Under this article, the Centre cannot
interfere in the state's affairs except on
matters of defence, foreign affairs, or
finance. It also allowed the state to
draft its own laws and policies. 3 Amendments and Repeal
Provisions of this article cannot be
amended or repealed except with the
agreement of the state's Constituent
Assembly. It was argued that this
provision was not suitable for
contemporary times and needed
reform.

4. The Role of Article 35A
Context
Article 35A originates from
Article 370 and gives the J&K
legislature the authority to
define who is a "permanent
resident" of the state.
Implications
It provides special rights and
privileges to permanent
residents of J&K, including the
right to own property,
participate in government jobs
and scholarships, and vote in
the state assembly elections.
Legal Challenges
There have been several legal
challenges to Article 35A, with
some claiming it violates the
fundamental rights of non-
permanent residents of J&K.

5. Legal and Constitutional Framework
of Article 370
1 Constitutional Framework
The Indian Constitution adds to the
Constitution of J&K only a few
provisions that apply to all other Indian
states. All other provisions of the
Indian Constitution are not applicable
unless they are extended by
Presidential Order through Article 370.
2
The Presidential Order
A presidential order is required to
extend the provisions of the Indian
Constitution to J&K. This has led to
concerns that it allows the central
government to bypass normal
legislative procedures in J&K.
3 Legal Framework
Article 370 further grants the state
powers to legislate its own policies,
enact its own constitution, and
administer itself. This has led to
difficulties in applying regular Indian
laws and policies in J&K.

6. Historical Context: the Instrument of
Accession
Background
The accession of J&K to India
happened in 1947, soon after
India's independence from
British rule. The then-ruler of
J&K, Maharaja Hari Singh,
executed an Instrument of
Accession to India.
The Nature of
Accession
The Instrument of Accession,
signed by the Maharaja,
defined the relationship
between J&K and the Indian
Union. It granted a very limited
amount of authority to the
Central Government, leaving
almost all power with the state.
The Road Ahead
The Instrument of Accession
had long-lasting political and
legal implications for the state
and the Indian Union, affecting
the federal structure of power
and the relationship between
the central government and
constituent states.

7. Kashmir: Political and Regional
Dimension
1 Political Aspect
J&K has been a hotspot of political and religious contention since it became a part of India. The
state has witnessed a range of political ideologies, including separatism and militancy.
2 Regional Dimension
The contentious nature of J&K's political identity arises from the unique demographic and
geographic make-up of the state. The region shares borders with Pakistan and China and is
diverse in its ethnic, linguistic, and religious composition.

8. Role of Political Leaders in Shaping
Article 370
Dr. B.R. Ambedkar
As the Chairman of the
Drafting Committee of the
Constituent Assembly,
Babasaheb Ambedkar
introduced the Article as a
"provisional and transitory"
provision, initially opposed
by Nehru and other
Congress leaders.
Sheikh Abdullah
A towering figure in the
Kashmiri political arena,
Sheikh Abdullah was
instrumental in the drafting
of Article 370. He saw it as
a way of giving J&K the
autonomy it needed.
Nehru and Patel
Although Nehru opposed
the Article, he signed it into
the Constitution after much
debate. Sardar Patel, on
the other hand, believed
that Article 370 would
ultimately have to go.

9. International Implications and
Concerns
India-Pakistan
Relations
The disputed territory of J&K is
a source of political and
military conflict between India
and Pakistan. Neighbours such
as China also have interests in
the region.
Foreign Policy
The special status of J&K has
an impact on India's foreign
policy. India is often criticized
by international human rights
organizations for its handling
of J&K.
UN Involvement
The United Nations has played
a role in the resolution of the
Indian-Pakistani conflict over
J&K, urging both sides to find a
peaceful solution to the
Kashmir issue.

10. Powers of Central Government
under Article 370
1 Misinterpretation
There are many myths about Article 370 and its implications, one of which is that it
prevents the Central Government from having any powers over J&K.
2 True Powers
As per the terms of Article 370, the Central Government has the power to enforce laws
on J&K only for Defence, External Affairs and Communications. It cannot impose laws
that affect the social or economic sphere of J&K.
3 Exceptions
However, there are a few exceptions to these provisions which are included in the
Presidential Order issued in 1954.

11. Provisions and Implications
Land and Property
Laws
One of the most significant
implications of Article 370 is
the separate land and property
laws for J&K non-permanent
residents. This has led to
demographic changes and
neglected infrastructure in the
state.
Education
J&K has a separate
educational system and has
been criticized for its
inadequate facilities and lack
of access to quality education
for non-permanent residents.
Economic Viability
The special status of J&K has
impacted the region's
economic viability and industry.
Although the state has some of
the most breathtaking
landscapes in the world, it has
faced difficulties in making it a
tourist destination.

12. Comparative Analysis with Other
Special Provisions in India
1 Article 371
Article 371 provides similar provisions
for other states in India, such as
Nagaland, Assam, and Manipur.
2
The differences
The differences between the
provisions are that while Article 371
preserves laws that existed prior to
annexation to India, these laws cannot
be amended like in the case of Article
370.
3 Current Debate
The ongoing debate on Article 370 has
also led to concerns and renewed
discussions around the effectiveness
of similar provisions in other Indian
states.

13. Recent Developments
Removal of Article
370
On 5 August 2019, the
Government of India
revoked Article 370 and
bifurcated the state into
two Union Territories,
Ladakh and Jammu and
Kashmir, which come
under the direct control of
the Central Government.
Implications of
Removal
The decision triggered
protests and a security
clampdown in J&K. Critics
of the move argue that it is
a violation of the federal
structure and undermines
the autonomy of J&K.
Post-Removal
Scenario
After the removal of Article
370, J&K has witnessed
significant changes - new
investments, industries,
and infrastructure.

14. Current Status of the Issue
1 Legal Challenges
Several petitions have been filed in the Supreme Court challenging the validity of the
central government's decision to revoke Article 370 and bifurcate the state of J&K.
2 Political Implications
The move has political implications, too, with allegations of human rights violations
and a threat to secularism and democracy in the country.

15. Criticism and Controversy
Human Rights
Concerns
There have been allegations of
human rights abuses in J&K,
with reports of severe
restrictions on freedom of
movement & communication.
Military Presence
There is a significant military
presence in J&K, which some
see as a threat to the rights
and freedoms of the people of
the region.
Geopolitical
Implications
The issue of J&K has
significant geopolitical
implications and looks set to
remain a contentious issue for
the foreseeable future.

16. Future Prospects and Challenges
1 Political Stability
The region has long been plagued by political instability, which has had an adverse effect
on the overall development of the region. Political stability is crucial for the development
of J&K.
2 Sub-Regional Identities
The diverse composition of J&K has led to sub-regional identities, each with its own
unique set of challenges. Balancing these sub-regional identities while maintaining
regional cohesion remains a significant challenge.
3 International Intervention
The international community continues to monitor the situation in J&K. Calls for peaceful
dialogue and resolution of the Kashmir issue through political and diplomatic channels
are crucial for the region's future prospects.