PolityGS2+ GS1

J&K Assembly Revisits Article 370 Amid Statehood Push

Indian Express·2026-10-01· Read original

"J&K Assembly Revisits Article 370 Amid Statehood Push"

Prelims Facts

  • •Article 370 was adopted by the Constituent Assembly on October 17, 1949 as a provision under Part XXI (Temporary, Transitional and Special Provisions).
  • •The Instrument of Accession was signed on October 26, 1947, restricting Parliament's law-making power over J&K to defence, foreign relations and communications.
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Key Terms

Instrument of Accession

1947 legal document by which princely states, including J&K, joined the Indian Union.

Article 370

Temporary constitutional provision granting J&K special autonomous status until 2019.

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Study Note

BackgroundCore Concept

Background

Jammu and Kashmir's constitutional journey began with the Instrument of Accession, signed by Maharaja Hari Singh on October 26, 1947, after Pakistan-backed tribal raiders (Kabailis) invaded the princely state. The Instrument limited the Union Parliament's law-making power over the state to three subjects: defence, foreign affairs, and communications. India referred the dispute to the United Nations, and UN Security Council Resolution 47 of 1948 called for demilitarisation followed by a plebiscite, a step that never occurred because neither side withdrew its forces.

The Constituent Assembly adopted Article 370 on October 17, 1949, placing it in Part XXI as a 'temporary, transitional and special' provision. Drafting Committee member N. Gopalaswami Ayyangar explained that the state was 'not yet ripe' for full integration because part of it remained under hostile occupation and the Kashmir question was still before the United Nations. Only Article 1 (defining India's territory) and Article 370 itself applied automatically to the state; every other provision needed a specific Presidential Order. A Presidential Order of 1954, issued under Article 370, inserted Article 35A, letting the state legislature define 'permanent residents' and reserve property rights, government jobs, and scholarships for them.

Opposition to this arrangement grew quickly, led by the Jana Sangh, which argued against 'two constitutions, two prime ministers and two flags' for one nation. The Delhi Agreement of 1952 was a compromise: the state accepted the Supreme Court's jurisdiction and the supremacy of the Indian flag, while retaining its own flag, and accepted the President's Emergency power under Article 352 only with state concurrence.

The Topic Explained

Article 370 operated as a gateway rather than a blanket exclusion: central laws could be extended to the state only through Presidential Orders, each requiring the 'concurrence' of the state government, which the Constitution treated as a stand-in for the state's now-defunct Constituent Assembly. Over the decades, hundreds of such orders extended parts of the Constitution to Jammu and Kashmir, but its own separate constitution, flag, and permanent-resident rules survived because of Article 35A.

On August 5, 2019, the Union government used Clause (3) of Article 370 itself to end this arrangement. That clause allowed the President to declare the article inoperative by public notification, originally 'subject to the recommendation of the Constituent Assembly of the State.' Since that Assembly had dissolved in 1957, the government treated Parliament, sitting in place of the state legislature (then under President's Rule), as competent to give this recommendation. …

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Related PYQs

2025GS1 Prelims

Consider the following subjects under the Constitution of India:

I.Seventh Schedule in List I - Union List

II.Extent of the executive power of a State

III.Conditions of the Governor's office

For a constitutional amendment with respect to which of the above, ratification by the Legislatures of not less than one-half of the States is required before presenting the bill to the President of India for assent?

AI and II only
BII and III only
CI and III only
DI, II and III
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2022GS1 Mains

Consider the following statements:

1.A bill amending the Constitution requires a prior recommendation of the President of India.

2.When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.

3.A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.

Which of the statements given above are correct?

A1 and 2 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
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Practice MCQs

Politymedium

Consider the following statements regarding Article 370 of the Constitution as it existed before August 2019:

1.It restricted Parliament's law-making power over Jammu and Kashmir to defence, foreign affairs and communications only.

2.It was placed under Part XXI of the Constitution dealing with Temporary, Transitional and Special Provisions.

3.It permitted Jammu and Kashmir to have its own separate Constitution.

Which of the statements given above are correct?

A1 and 2 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
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Politymedium

Match List-I (Event/Provision) with List-II (Year) correctly:

List-I

A.Instrument of Accession signed

B.Article 370 adopted by Constituent Assembly

C.Article 35A inserted via Presidential Order

D.Article 370 rendered inoperative

List-II

1.1949

2.1954

3.1947

4.2019

AA-3, B-1, C-2, D-4
BA-1, B-3, C-4, D-2
CA-3, B-2, C-1, D-4
DA-4, B-1, C-2, D-3
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Polityhard

Which one of the following best describes the constitutional mechanism used by Parliament to reorganise Jammu and Kashmir into Union Territories in 2019?

AA constitutional amendment passed under Article 368 with ratification by half the State Legislatures
BA Presidential Order under Article 370 followed by ordinary legislation reorganising the state's territory
CA judicial order of the Supreme Court directing reorganisation
DA resolution passed by the Jammu and Kashmir Constituent Assembly
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Polityhard

With reference to Article 368 of the Constitution, for which of the following is ratification by not less than one-half of the State Legislatures required before presidential assent?

1.Changes to the distribution of legislative powers between the Union and the States

2.Changes to the extent of the executive power of a State

3.Changes to the composition of the Council of Ministers of a State

Select the correct answer using the code given below:

A1 and 2 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
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Politymedium

The 1952 Delhi Agreement between the Union government and the Jammu and Kashmir government provided for which of the following?

1.Acceptance of the jurisdiction of the Supreme Court of India by the state

2.Supremacy of the Indian flag alongside continued use of the state's own flag

3.Complete abolition of the office of the Prime Minister of Jammu and Kashmir

Select the correct answer using the code given below:

A1 and 2 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
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