Article 370 was a key part of the Indian Constitution that gave special status to the region of Jammu and Kashmir. This provision allowed the area a level of independence not seen in other Indian states. Over the years, Article 370 sparked much debate and controversy. In 2019, the Indian government decided to remove it, leading to big changes in the region. This article explores the full story of Article 370, from its beginnings to its end, and what it means today. We’ll look at the history, the rules it set, how it was scrapped, and the effects on Jammu and Kashmir.
The Historical Background of Article 370
The story of Article 370 starts in the late 1940s, just after India gained independence from British rule. Jammu and Kashmir was a princely state ruled by Maharaja Hari Singh. In 1947, when India and Pakistan split, the Maharaja faced pressure from both sides. Pakistan-backed tribes invaded Kashmir, forcing the Maharaja to seek help from India.Click Here To Follow Our WhatsApp Channel
To get Indian military support, the Maharaja signed the Instrument of Accession on 26 October 1947. This document joined Jammu and Kashmir to India but only in matters of defence, foreign affairs, and communications. Other areas stayed under the state’s control. This setup formed the basis for Article 370 in the Indian Constitution, which came into force in 1950.
Article 370 was meant to be temporary. It was added to bridge the gap until Jammu and Kashmir could decide its future through a Constituent Assembly. In 1951, this assembly was formed, and by 1957, it had created the state’s own constitution. After that, the assembly dissolved, but Article 370 remained in place.
For decades, Article 370 symbolised the unique relationship between Jammu and Kashmir and the rest of India. It protected the region’s identity and autonomy amid ongoing disputes with Pakistan over Kashmir.
Key Provisions of Article 370
Article 370 outlined how the Indian Constitution applied to Jammu and Kashmir. Unlike other states, not all parts of the Constitution automatically covered the region. Instead, the President of India could extend provisions with the agreement of the state’s government.
Here are the main features:
- Limited Central Power: The Indian Parliament could only make laws on defence, foreign affairs, finance, and communications without the state’s consent. For other matters, like land or education, the state had its own rules.
- Own Constitution and Flag: Jammu and Kashmir had its own constitution and state flag, alongside the Indian one.
- Residency Rights: Linked to Article 35A (added in 1954 via a presidential order), it defined ‘permanent residents’ and gave them special rights, such as buying property or getting government jobs. Outsiders could not easily settle or own land in the state.
- No Emergency Powers: The President could not declare a financial emergency in the state under Article 360 of the Indian Constitution.
These rules aimed to preserve the cultural and demographic makeup of Jammu and Kashmir, a Muslim-majority area in a diverse country.
Article 35A: The Companion to Article 370
Article 35A was closely tied to Article 370. It came from a 1954 presidential order and let the Jammu and Kashmir legislature define who counted as a permanent resident. Only these residents could own land, vote in state elections, or access scholarships and jobs.
This article faced criticism for being discriminatory, especially against women who married outsiders—they could lose their rights. Supporters argued it protected the region’s identity from outside influence. When Article 370 was removed, Article 35A went with it.
The Abrogation of Article 370 in 2019
The push to end Article 370 grew stronger under the Bharatiya Janata Party (BJP), led by Prime Minister Narendra Modi. The party had promised to scrap it in their 2014 and 2019 election manifestos, seeing it as a barrier to full integration.
On 5 August 2019, while Jammu and Kashmir was under President’s Rule (meaning central control via the governor), Home Minister Amit Shah announced changes in Parliament. The government issued Presidential Order CO 272, which amended Article 367. This changed ‘Constituent Assembly’ to ‘Legislative Assembly’ in Article 370.
Since there was no state assembly, the governor’s approval stood in. This allowed the President to apply the full Indian Constitution to Jammu and Kashmir. The next day, 6 August 2019, Presidential Order CO 273 made most of Article 370 inoperative, except for a clause saying all Indian laws now applied.
At the same time, Parliament passed the Jammu and Kashmir Reorganisation Act, 2019. This split the state into two Union Territories: Jammu and Kashmir (with a legislature) and Ladakh (without one). The changes took effect on 31 October 2019.
The move came with a communications blackout, curfews, and arrests of local leaders to prevent unrest. It drew mixed reactions—cheers from some parts of India, protests in Kashmir, and concern from abroad.
Legal Challenges and the Supreme Court Verdict
Many challenged the abrogation in the Supreme Court, arguing it was unconstitutional without the state’s consent. They said Article 370 became permanent after the Constituent Assembly dissolved in 1957.
On 11 December 2023, a five-judge bench unanimously upheld the changes. The court called Article 370 ‘temporary’ and said the President had the power to revoke it. It noted the abrogation promoted integration and development.
The judges ordered assembly elections by September 2024 and said Jammu and Kashmir should regain statehood ‘at the earliest’. This ruling ended major legal doubts but left some questions about the process.
Omar Abdullah. Image Courtesy: PTI
Impacts of Abrogating Article 370 on Jammu and Kashmir
The end of Article 370 brought sweeping changes:
- Political Shifts: Without special status, Jammu and Kashmir lost its separate constitution and flag. Elections in 2024 brought back a local government after years of central rule.
- Economic Growth: The government claims investments have risen, with better infrastructure, tourism, and jobs. Laws now allow outsiders to buy land, aiming to boost development. By 2025, on the sixth anniversary, the Prime Minister highlighted improved security and progress.
- Social Changes: Permanent residency rules ended, opening doors for non-locals. This raised fears of demographic shifts in the Muslim-majority area. Women’s rights improved in some ways, as old discriminatory laws vanished.
- Security and Human Rights: Supporters say militancy dropped, with fewer attacks. Critics point to ongoing tensions, internet shutdowns, and claims of rights violations.
- International View: Pakistan condemned the move, straining ties. The UN and others watched closely, but India called it an internal matter.
By 2026, symbols like the Tricolour lighting up Srinagar’s Lal Chowk on Republic Day show greater integration.
Current Status of Article 370 in 2026
As of February 2026, Article 370 remains abrogated. Jammu and Kashmir is a Union Territory with an elected assembly, while Ladakh stays without one. The Supreme Court’s 2023 verdict stands, and statehood restoration is discussed but not yet done.
The region sees ongoing development, but debates continue over autonomy and identity. The abrogation is seen as a step towards unity, yet it divides opinions in Kashmir.
Conclusion
Article 370 shaped Jammu and Kashmir’s place in India for nearly 70 years. Its abrogation in 2019 marked a bold shift towards full integration, upheld by the courts. While it promises growth and equality, it also raises questions about local rights and culture. Understanding Article 370 helps grasp India’s complex federal system and the ongoing Kashmir story. As time passes, its true impact will become clearer.
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