Omar Bennett
Article 370 of the Indian Constitution was a temporary provision that granted special status to the state of Jammu and Kashmir, allowing it to have its own constitution, flag, and autonomy over internal administration and certain other matters. The article was drafted in 1949 and added to the constitution in 1950, due to the unique political circumstances in Jammu and Kashmir at the time, including an ongoing war and the involvement of the United Nations. On August 5, 2019, the Indian government issued a presidential order to repeal Article 370, ending the special status of Jammu and Kashmir and fully integrating it into the Indian Union as two Union Territories: Jammu and Kashmir, and Ladakh. This decision was upheld by the Supreme Court of India, which ruled that Article 370 was not intended to be permanent and that its abrogation was constitutionally valid.
Explore related products
What You'll Learn
Article 370 granted special status to Jammu and Kashmir
Article 370 of the Indian Constitution was a temporary provision that granted special status to the state of Jammu and Kashmir. It was introduced in October 1949 and added to the constitution in 1950. The article was drafted by N Gopalaswami Ayyangar, a member of the Constituent Assembly of India, under the government of Jawaharlal Nehru.
Ayyangar defended the necessity of Article 370 by referring to the "'special conditions' in Jammu and Kashmir, which included an ongoing war within the state, the involvement of the United Nations, and promises made by the Indian government. The article provided a framework for negotiations between the Indian government and the leadership of Jammu and Kashmir to determine the state's final political status. It allowed Jammu and Kashmir to have its own constitution, flag, and autonomy over internal administration, except in defence, foreign affairs, and communications.
Over the years, the autonomy granted by Article 370 was gradually eroded through a series of Presidential Orders, which extended the provisions of the Indian Constitution to Jammu and Kashmir. In 2018, the Supreme Court of India ruled that Article 370 had attained permanency since the state constituent assembly had ceased to exist. However, the Indian government circumvented this legal challenge by rendering Article 370 'inoperative' through a Presidential Order in 2019.
On August 5, 2019, the government officially abrogated Article 370, ending the special status of Jammu and Kashmir. The region was bifurcated into two Union Territories: Jammu and Kashmir in the west, and Ladakh in the east, both ruled directly from New Delhi. The Supreme Court upheld the abrogation, stating that it was done to enhance constitutional integration and that Jammu and Kashmir should be granted the same statehood as any other Indian state.
The Dynamic Sections of India's Constitution
You may want to see also
It was a temporary provision
Article 370 of the Indian Constitution was a temporary provision that granted special autonomous status to the state of Jammu and Kashmir. Enacted in 1949, it was designed to be a temporary measure, with the ultimate goal of integrating Jammu and Kashmir fully into the Indian Union. The article was drafted and added to the constitution by Sheikh Abdullah, the then-prime minister of Jammu and Kashmir, in collaboration with Jawaharlal Nehru, India's first prime minister.
The provision was meant to be a bridge between the complete independence that Kashmir enjoyed pre-1947 and its future as a full-fledged state of the Indian Union. It was a compromise that allowed Jammu and Kashmir to have its own constitution, a separate flag, and autonomy over internal administration. However, matters of foreign affairs, defense, and communications were to be handled by the central government of India.
The temporary nature of Article 370 was always intended, as evidenced by the numerous times it was amended and its duration extended. The article was initially set to expire in 1952, but through a presidential order, it was extended to 1954 and then indefinitely through another presidential order. Over the years, various amendments were made to Article 370, often in response to the changing political landscape and the evolving relationship between India and Jammu and Kashmir.
The provision allowed the state of Jammu and Kashmir to enjoy a unique status within the Indian Union for over six decades. However, in August 2019, the Indian government issued a presidential order to abolish the article, arguing that it hindered the full integration of the state into India and impeded its development. The move was controversial and sparked intense debate, with some supporting the decision as a necessary step towards national unity and others criticizing it as a violation of the constitutional rights granted to Jammu and Kashmir.
The revocation of Article 370 has had significant implications for the region. It led to the reorganization of the state, with the former state of Jammu and Kashmir being divided into two union territories: Jammu and Kashmir in the west, with a legislative assembly, and Ladakh in the east, without one. The move brought these regions under the direct control of the central government, significantly altering the political landscape and the balance of power in the region.
In conclusion, Article 370, often referred to as 'Dharam, Nyaya, and Shanti ki Dhara' (the fountainhead of righteousness, justice, and peace), was a unique and complex provision in the Indian Constitution. Its temporary nature, though often extended, reflected the delicate balance between the aspirations of the people of Jammu and Kashmir and the goal of a unified Indian nation. The revocation of this article in 2019 marked a turning point in the history of the region, setting a new course for the relationship between Jammu and Kashmir and the rest of India.
Obtaining India's Constitution: An Original Copy
You may want to see also
It allowed Jammu and Kashmir to have its own constitution, flag, and autonomy
Article 370 of the Indian Constitution gave special status to Jammu and Kashmir, a region that has been the subject of a dispute between India, Pakistan and China since 1947. It was introduced in the Constituent Assembly on 17 October 1949 and adopted without amendments.
Jammu and Kashmir was administered by India as a state from 17 November 1952 to 31 October 2019. Article 370 gave the region the power to have its own constitution, flag and autonomy of internal administration. It was drafted in Part XXI of the Indian Constitution, titled "Temporary, Transitional and Special Provisions".
The article stated that the Constituent Assembly of Jammu and Kashmir would be empowered to recommend the extent to which the Indian Constitution would apply to the state. The state assembly could also abrogate Article 370 altogether, in which case the Indian Constitution would have applied to the state in full.
The state's politicians decided to form a separate constituent assembly, and the representatives to the Indian Constituent Assembly requested that only those provisions of the Indian Constitution should be applied to the state as corresponding to the original Instrument of Accession. This was agreed to by the Government of India shortly before a meeting on 19 May.
Article 370 stipulated that the other articles of the Constitution that gave powers to the Central Government would only be applied to Jammu and Kashmir with the concurrence of the State's constituent assembly. This was intended to be a temporary provision until the formulation and adoption of the State's constitution.
On 5 August 2019, the Government of India issued a Presidential Order superseding the 1954 order, making all the provisions of the Indian Constitution applicable to Jammu and Kashmir. This was based on a resolution passed in both houses of India's parliament with a two-thirds majority. A further order on 6 August made all the clauses of Article 370 except clause 1 inoperative.
Higher Education Reforms in India: Key Elements and Impact
You may want to see also
Explore related products
It was repealed through a Presidential order in 2019
Article 370 of the Indian Constitution gave special status to Jammu and Kashmir, a region located in the northern part of the Indian subcontinent. Jammu and Kashmir has been the subject of a dispute between India, Pakistan, and China since 1947. Article 370 was drafted in Part XXI of the Indian Constitution, titled "Temporary, Transitional and Special Provisions". It stated that the Constituent Assembly of Jammu and Kashmir would be empowered to recommend the extent to which the Indian Constitution would apply to the state.
On August 5, 2019, the President of India issued a notification amending Article 370 of the Indian Constitution and scrapping its predecessor, The Constitution (Application to Jammu and Kashmir) Order of May 14, 1954. The 2019 notification, known as The Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. 272), superseded the 1954 Order and declared that "all the provisions of the Constitution, as amended from time to time, shall apply in relation to the State of Jammu and Kashmir". The order was issued with the concurrence of the Government of the State of Jammu and Kashmir, which meant the Governor appointed by the Union government.
The removal of the 1954 Order also negated a clause in Article 352 that mandated that no proclamation of Emergency on the grounds of "only internal disturbance or imminent danger" would have an effect in the State without the concurrence of the State government. Additionally, a new clause was added to Article 367, which deals with the applicability of the General Clauses Act 1897 to interpret the provisions of the Constitution. The August 5 notification amended the expression "Constituent Assembly" in the proviso to clause (3) of Article 370 to mean "Legislative Assembly".
On August 6, 2019, the president issued Constitutional Order 273, replacing the extant text of Article 370. This order stated that all provisions of the Indian Constitution, as amended from time to time, shall apply to the State of Jammu and Kashmir without any modifications or exceptions.
The repeal of Article 370 through the Presidential orders of August 5 and 6, 2019, effectively ended the special status of Jammu and Kashmir and fully integrated it into the Indian Union. The region was also bifurcated into two Union Territories: Jammu and Kashmir, and Ladakh.
Federal Nature of the Indian Constitution: Myth or Reality?
You may want to see also
The Supreme Court of India upheld the decision
Article 370 of the Indian Constitution, a 'temporary provision' with respect to the State of Jammu and Kashmir (J&K), was introduced in 1949 and adopted in 1950. It granted special status to J&K, allowing the state to have its own constitution, flag, and autonomy over most matters except defence, foreign affairs, and communications. However, in 2019, the Indian government issued a Presidential Order, making all the provisions of the Indian Constitution applicable to J&K. This order effectively repealed Article 370, except for Clause 1, which was amended to state that the Constitution of India applies wholly to the state.
The decision to abrogate Article 370 was met with opposition, and 23 petitions were presented to the Supreme Court of India, challenging its constitutionality. On 11 December 2023, the Supreme Court upheld the Union government's action, stating that the decision was made to enhance constitutional integration and not disintegration. The Court recognised that Article 370 was a temporary provision and that J&K had no internal sovereignty. It also upheld the presidential authority to unilaterally dissolve state legislative assemblies, setting a precedent that redefines the balance between regional autonomy and national integration.
The Supreme Court's verdict has had far-reaching implications for the region and the country as a whole. It has introduced a legal perspective into the ongoing geopolitical dispute with Pakistan, which has consistently contested India's decisions in the region. The Court's interpretation of the constitutional intricacies surrounding Article 370 has also raised questions about the potential misuse of presidential powers and the possibility of constitutional uncertainties in the future.
The judgment, delivered by five senior-most judges, including Chief Justice D.Y. Chandrachud, Justices B.R. Gavai, Surya Kant, S.K. Kaul, and Sanjiv Khanna, ran to 476 pages. The Court's decision to uphold the abrogation of Article 370 has been hailed by proponents of the government's move as a crucial step towards unifying the diverse states under the Indian Union. On the other hand, those challenging the abrogation argue that the Union broke the constitutional promise made to the people of J&K for self-governance and internal sovereignty.
Indian Constitution: Outdated or Enduring?
You may want to see also
Frequently asked questions
Article 370 of the Indian Constitution was a 'temporary provision' that granted special autonomous status to the state of Jammu and Kashmir.
The provision was drafted in 1947 by Sheikh Abdullah, who was then the prime minister of Jammu and Kashmir. It was included in the Constitution on 17 October 1949.
According to this article, except for defence, foreign affairs, finance, and communications, Parliament needed the state government's concurrence for applying all other laws. Thus, the state's residents lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights.
