Historical background of Article 370

Article 370 of the Indian Constitution, which granted special autonomy to the region of Jammu and
Kashmir (J&K), has a complex historical background rooted in the circumstances surrounding India's
partition and the subsequent accession of J&K to India. Below is an overview of the key historical
events and factors that led to the establishment of Article 370.

1. Partition of India (1947)

1.1 Background
• The partition of British India in August 1947 led to the creation of two independent
dominions: India and Pakistan. This division was based on religious lines, with Pakistan
intended as a homeland for Muslims and India as a secular state.

1.2 Princely States

• At the time of partition, over 500 princely states were given the option to join either India or
Pakistan. The rulers of these states had significant autonomy and could choose their future
based on their political interests.

2. Accession of Jammu and Kashmir

2.1 Ruler's Dilemma
• Jammu and Kashmir was a princely state ruled by Maharaja Hari Singh, who was Hindu,
while the majority of the population was Muslim. The Maharaja faced pressure from both
India and Pakistan regarding accession.

2.2 Initial Neutrality

• Initially, Maharaja Hari Singh sought to remain independent, hoping to maintain neutrality
amid growing tensions between India and Pakistan.

2.3 Tribal Invasion

• In October 1947, armed tribal groups from Pakistan invaded J&K, leading to widespread
violence and chaos. This prompted the Maharaja to seek military assistance from India.

2.4 Instrument of Accession

• To secure military aid, Maharaja Hari Singh signed the Instrument of Accession on October
26, 1947, which allowed J&K to accede to India under specific conditions. This instrument
granted India control over defense, foreign affairs, and communications while allowing J&K
to retain autonomy over all other matters.

3. Drafting of Article 370

3.1 Constituent Assembly Debates
• During the drafting of the Indian Constitution in 1949-1950, Article 370 was included as a
temporary provision to recognize J&K's unique circumstances.

• The article was framed to ensure that J&K could maintain its own constitution and legislative
powers while integrating into India.
3.2 Special Autonomy

• Article 370 provided J&K with considerable autonomy over internal matters, allowing it to
have its own constitution and legislative framework.

• The article stipulated that laws passed by the Indian Parliament would only apply to J&K
with its concurrence, thus preserving a degree of independence.

4. Implementation and Evolution

4.1 Constitutional Provisions
• Article 370 was initially intended as a temporary provision but became a cornerstone of
J&K's relationship with the Indian Union over time.

4.2 Presidential Orders

• Over the years, various Presidential Orders were issued to extend certain provisions of the
Indian Constitution to J&K, gradually altering its status while still maintaining some level of
autonomy.

4.3 Political Dynamics

• The political landscape surrounding Article 370 evolved with changing governments in both
J&K and India, leading to ongoing debates about its relevance and permanence.

Conclusion
The historical background of Article 370 is deeply intertwined with the events surrounding India's
partition and the accession of Jammu and Kashmir. It reflects the complexities of regional identity,
governance, and national integration in post-colonial India. While intended as a temporary measure
to accommodate J&K's unique situation, Article 370 became a significant aspect of its constitutional
framework until its abrogation in August 2019, which marked a new chapter in J&K's relationship
with India. Understanding this historical context is essential for comprehending the ongoing socio-
political dynamics in the region today.

Article 370 of the Indian Constitution was a provision that granted special autonomy to the region of
Jammu and Kashmir (J&K). This article was unique in that it allowed J&K to have its own constitution
and considerable autonomy over internal matters, except in areas like defense, communications,
and foreign affairs. Below are the main provisions and implications of Article 370.

Key Provisions of Article 370

1. Special Status

• Autonomy: Article 370 conferred a special status to J&K, allowing it to have its own
constitution and significant autonomy over internal matters. This meant that the laws
passed by the Indian Parliament would not apply to J&K unless the state government
agreed.

• Limited Application of Indian Laws: Only those provisions of the Indian Constitution that
were explicitly extended to J&K through a Presidential order would apply. This made J&K
unique compared to other states in India.

2. Legislative Powers
 • State Legislature: The state legislature had the authority to make laws on all matters except
those related to defense, foreign affairs, finance, and communications. This legislative power
allowed J&K to maintain a degree of independence in managing its affairs.

• Presidential Orders: The President of India could extend certain laws to J&K with the
concurrence of the state government. However, this process was often seen as a limitation
on the powers of the central government.

3. Citizenship Rights

• Permanent Residents: Article 370 defined "permanent residents" of J&K, establishing

criteria for who could own property and settle in the state. This provision aimed to protect
local demographics and cultural identity.

• Property Rights: Non-residents were prohibited from acquiring property in J&K, which was
intended to safeguard local interests and prevent demographic changes.

4. Emergency Provisions

• Emergency Situations: The provisions under Article 370 allowed for special measures during
emergencies, ensuring that the state's autonomy could be temporarily suspended if
necessary.

5. Integration with India

• Temporary Provision: Article 370 was originally intended as a temporary provision,

reflecting the unique circumstances surrounding J&K's accession to India in 1947. However,
its interpretation evolved over time, leading to debates about its permanence.

6. Abrogation Context

• Political Dynamics: The political landscape surrounding Article 370 changed significantly
over the years, culminating in its abrogation on August 5, 2019. The Indian government
argued that revoking this article would lead to greater integration of J&K with India and
promote development in the region.

Conclusion

Article 370 played a crucial role in defining Jammu and Kashmir's relationship with the rest of India
by granting it special autonomy and legislative powers. Its provisions aimed to protect the cultural
identity and rights of the local population while allowing for a degree of self-governance. However,
the abrogation of Article 370 has led to significant changes in this relationship, raising questions
about governance, integration, and the future socio-political landscape of Jammu and Kashmir.
Understanding these provisions is essential for comprehending the broader implications of
constitutional changes in India, particularly regarding federalism and regional autonomy.

Examine the impact of abolishing of Art 370 of the Indian Constitution.

The abrogation of Article 370 of the Indian Constitution on August 5, 2019, was a landmark decision
that had profound implications for the political, social, and economic landscape of Jammu and
Kashmir (J&K) and India as a whole. Article 370 granted special autonomy to J&K, allowing it to have
its own constitution and considerable autonomy over internal matters. This analysis examines the
multifaceted impacts of this historic decision.

1. Legal and Constitutional Implications

1.1 End of Special Status

The abrogation of Article 370 effectively ended the special status that J&K enjoyed under the Indian
Constitution. This change meant that:

• Uniform Application of Laws: Laws applicable to other states in India would now also apply
to J&K, including laws related to property rights, citizenship, and employment.

• Integration into Indian Legal Framework: The state could no longer maintain a separate
constitution or legal framework, reinforcing the idea of complete integration into India.

1.2 Constitutional Challenges

The move faced numerous legal challenges in the Supreme Court, questioning its constitutionality
and the process followed for abrogation. Key points include:

• Constitutional Validity: Legal experts debated whether the President's order to abrogate
Article 370 was constitutional since it involved altering the terms of accession.

• Judicial Review: The outcome of these challenges could redefine the relationship between
the Centre and states regarding federalism and autonomy.

2. Political Implications

2.1 Change in Governance Structure

The abrogation led to the reorganization of J&K into two Union Territories: Jammu & Kashmir and
Ladakh. This change had significant political implications:

• Direct Control by the Centre: As Union Territories, both regions are directly governed by the
central government, reducing local political autonomy.

• Impact on Local Governance: Local political structures were altered, affecting

representation and governance dynamics.

2.2 Regional Political Landscape

The decision had a profound impact on regional political parties:

• Decline of Autonomy-Based Parties: Parties like the National Conference (NC) and Peoples
Democratic Party (PDP), which had historically advocated for autonomy, faced a decline in
their support base.

• Emergence of New Alliances: The political landscape may witness new alliances or parties
emerging that align more closely with national politics rather than regional aspirations.

3. Social Implications

3.1 Citizenship and Property Rights

With the removal of Article 370:

 • Property Ownership: Non-residents can now purchase land in J&K, which was previously
restricted to residents only. This change has raised concerns among locals about
demographic shifts and cultural identity.

• Employment Opportunities: The introduction of central laws may open job opportunities for
outsiders, potentially leading to competition with local residents.

3.2 Security Concerns

The abrogation heightened security concerns within the region:

• Increased Militarization: Anticipating unrest following the decision, security forces were
significantly increased in J&K.

• Potential for Unrest: There were fears of escalated violence or unrest among certain
segments of the population opposed to the abrogation.

4. Economic Implications

4.1 Development Initiatives

The central government has promised increased investment and development initiatives in J&K post-
abrogation:

• Infrastructure Development: Plans for improved infrastructure, tourism promotion, and

economic development projects aim to integrate J&K more fully into national economic
frameworks.

• Investment Opportunities: With new laws applicable, there is potential for increased private
investment in various sectors.

4.2 Economic Integration

The removal of special status is expected to facilitate better economic integration with the rest of
India:

• Trade Relations: Enhanced trade relations with other states could lead to economic growth
if local industries can adapt to competition.

• Job Creation: Development initiatives may create jobs; however, there are concerns about
whether these will benefit locals or attract outsiders.

5. International Relations

5.1 Diplomatic Tensions

The abrogation has had repercussions on India's diplomatic relations, particularly with Pakistan:

• Increased Tensions: Pakistan has vehemently opposed the move, leading to heightened
diplomatic tensions and calls for international intervention regarding Kashmir.

• Global Perception: The situation has drawn attention from international human rights
organizations concerned about potential human rights violations in J&K following increased
military presence.

5.2 Regional Stability

The decision could impact regional stability in South Asia:

• Potential for Conflict: The long-standing conflict over Kashmir remains a flashpoint between
India and Pakistan, with potential implications for broader regional security.

Conclusion

The abrogation of Article 370 represents a watershed moment in India's constitutional history, with
profound legal, political, social, economic, and international implications. While it aims to integrate
Jammu and Kashmir more fully into India’s constitutional framework and promote development, it
also raises significant concerns about local governance, cultural identity, security dynamics, and
regional stability.

The Constitution (Application to Jammu and Kashmir) Order, 1954

The Constitution (Application to Jammu and Kashmir) Order, 1954, issued under Article 370 of the
Indian Constitution, outlined the application of specific provisions of the Indian Constitution to the
state of Jammu and Kashmir, subject to modifications and exceptions. This order was a
comprehensive mechanism to integrate Jammu and Kashmir into India's constitutional framework
while preserving its autonomy under Article 370.

Here are the main provisions:

2. Application of Indian Constitution

• The order selectively extended provisions of the Indian Constitution to Jammu and Kashmir
with modifications and exceptions.

• Key provisions included:

o Preamble: The ideals of justice, liberty, equality, and fraternity from the Indian
Constitution were extended to Jammu and Kashmir, reinforcing the state's inclusion
in the Union.

o Article 1: Formally recognized Jammu and Kashmir as a constituent state of India,

making it part of the Union of States.

3. Special Provisions Regarding State Autonomy

• The proviso to Article 3 mandated that any bill proposing to alter Jammu and Kashmir’s
area, boundary, or name could not be introduced in Parliament without the consent of the
state legislature.

• This provision ensured a higher level of autonomy compared to other Indian states, where
such changes are within the exclusive purview of Parliament.
4. Fundamental Rights

The 1954 Order extended Part III of the Indian Constitution (Fundamental Rights) to Jammu and
Kashmir, but with unique adjustments:

• Article 19: Certain freedoms, such as speech and assembly, were subject to additional
restrictions for "the security of the state."

• Preventive Detention Laws: Preventive detention laws passed by the Jammu and Kashmir
Legislature were protected even if inconsistent with fundamental rights.

• These modifications allowed the state government to exercise greater control in matters of
public order and security.

5. Article 35A

• A new provision, Article 35A, was added to the Indian Constitution, empowering Jammu and
Kashmir to:

o Define permanent residents of the state.

o Grant them exclusive rights concerning:

▪ Acquisition of immovable property.

▪ Employment in state services.

▪ Access to scholarships and other welfare programs.

o These provisions were aimed at preserving the socio-economic fabric of the state by
preventing outsiders from acquiring property or enjoying state-sponsored benefits.

6. Citizenship

• Part II of the Constitution (Citizenship) applied to Jammu and Kashmir with modifications:

o Individuals who had migrated to Pakistan but returned to Jammu and Kashmir under
a permit for resettlement or permanent return were granted Indian citizenship.

7. Emergency Provisions

The application of emergency provisions in Jammu and Kashmir was limited:

• Article 352: National emergency could be proclaimed in the state only in cases of war or
external aggression, unless the state government requested its application for internal
disturbance.

• Articles 356 and 360: President’s Rule and Financial Emergency provisions were not
applicable to Jammu and Kashmir, emphasizing its internal autonomy.
8. Legislative and Executive Relations

• Legislative powers between the Union and the state were distinct:

o Parliament could legislate on matters in the Union List and certain subjects in the
Concurrent List, but only with the state’s concurrence.

o Residuary powers of legislation (matters not listed in Union, State, or Concurrent

Lists) were vested with the state legislature, unlike in other states where these are
with Parliament.

• The state government was obligated to assist the Union in fulfilling constitutional
responsibilities, particularly concerning defense, foreign affairs, and communication.

9. Judiciary

• Supreme Court Jurisdiction: The jurisdiction of the Supreme Court of India was extended to
Jammu and Kashmir for constitutional disputes and appellate cases, but with modifications.

• High Court Powers: The High Court of Jammu and Kashmir had broader powers to issue
writs (e.g., habeas corpus, mandamus) within the state for enforcement of rights and laws.

10. Directive Principles of State Policy

• Selective Part IV provisions (Directive Principles of State Policy) were applied to Jammu and
Kashmir.

• This inclusion was symbolic, as the state retained significant autonomy in determining its
policies, with the focus on public welfare and justice.

11. Representation in Indian Institutions

• Jammu and Kashmir’s representation in Indian political institutions was adjusted:

o Members were sent to the Lok Sabha and Rajya Sabha, ensuring the state’s voice in
national legislative processes.

o Provisions were made for the election of the President, considering the state's
unique electoral system.

12. Exclusions and Modifications

• Several constitutional provisions were excluded or modified:

o Articles 356 and 360: President's Rule and Financial Emergency provisions were
excluded, underscoring the state's internal autonomy.

o Part VI: Provisions related to Governors and high courts were modified to align with
the state’s Constitution.
 o Election Laws (Part XV): Applied partially, as the state had its own election
framework.

13. Financial Provisions

• Jammu and Kashmir retained greater fiscal independence:

o Taxes such as customs duties and income tax applied, but the state had control over
certain other revenue sources.

o Central assistance was provided, but the state managed its finances with greater
autonomy than other states.

14. Special Role of the Sadar-i-Riyasat

• The Sadar-i-Riyasat (elected by the state legislature) was recognized as the constitutional
head of state instead of a centrally appointed Governor.

• This reflected the state’s unique status and its distinct governance structure.

Significance of the 1954 Order

The Constitution (Application to Jammu and Kashmir) Order, 1954, struck a balance between
integration and autonomy:

• It facilitated Jammu and Kashmir’s participation in India’s democratic framework while

preserving its distinct identity under Article 370.

• It also set the stage for further negotiations and adjustments, which shaped the
constitutional relationship between the state and the Union of India.

This order remained the foundation of Jammu and Kashmir’s special status until August 5, 2019,
when Article 370 was abrogated, and the state was fully integrated into India’s constitutional
framework