Special Status of J&K and Article 370: Rationale and Implications | JKPSC KAS (Jammu and Kashmir): Preparation Course PDF Download

 Page 1


INTRODUCTION
Article 370 was included in the Constitution, not as an afterthought but after
mature consideration by the Constitution-makers. It was a condition of Kashmir’s
accession to India and if that accession is sacrosanct, the condition must also be
sacrosanct. Kashmir did not obviously want to join Pakistan. Kashmir procrastinated
between independence and accession to India and chose the latter. Accession to
India was conditional on Kashmir retaining its distinct cultural and regional identity.
Article 370 assured the state all benefits of independent Kashmir without sacrificing
the advantages of being a part of the larger Indian federation. It confers maximum
autonomy upon the state of Jammu and Kashmir. In pursuance of the integration many
constitutional exemptions are conferred over J&K state. The state of Jammu and
Kashmir was included as a Part B state in the first schedule of the Constitution of
India, as it was promulgated in 1950. But though the state was included as a Part B
state, all the provisions of the Constitution applicable to Part B state were not extended
to Jammu and Kashmir. While the Constitution of the other Part B states was laid
down in Part VII of the Constitution of India (as promulgated in 1950), the Constitution
of Jammu and Kashmir State was to be framed by the Constituent Assembly of that
State. Hence, the constitutional position and the special status available to the J&K
state is somewhat differs from that of other states. The policy of the constitution as
envisaged in the legal framework of article 370 is that the constitution was framed for
the entire Union of India but any of its provisions would not apply to the territories of
Jammu and Kashmir until and unless the President made an order to those effects.
Article 370 is included in that part of the Constitution which deals with the
exceptions related to the constitution. This is a part that includes special and temporary
provisions of Constitution. The idea underlying this part is that all those provision
Page 2


INTRODUCTION
Article 370 was included in the Constitution, not as an afterthought but after
mature consideration by the Constitution-makers. It was a condition of Kashmir’s
accession to India and if that accession is sacrosanct, the condition must also be
sacrosanct. Kashmir did not obviously want to join Pakistan. Kashmir procrastinated
between independence and accession to India and chose the latter. Accession to
India was conditional on Kashmir retaining its distinct cultural and regional identity.
Article 370 assured the state all benefits of independent Kashmir without sacrificing
the advantages of being a part of the larger Indian federation. It confers maximum
autonomy upon the state of Jammu and Kashmir. In pursuance of the integration many
constitutional exemptions are conferred over J&K state. The state of Jammu and
Kashmir was included as a Part B state in the first schedule of the Constitution of
India, as it was promulgated in 1950. But though the state was included as a Part B
state, all the provisions of the Constitution applicable to Part B state were not extended
to Jammu and Kashmir. While the Constitution of the other Part B states was laid
down in Part VII of the Constitution of India (as promulgated in 1950), the Constitution
of Jammu and Kashmir State was to be framed by the Constituent Assembly of that
State. Hence, the constitutional position and the special status available to the J&K
state is somewhat differs from that of other states. The policy of the constitution as
envisaged in the legal framework of article 370 is that the constitution was framed for
the entire Union of India but any of its provisions would not apply to the territories of
Jammu and Kashmir until and unless the President made an order to those effects.
Article 370 is included in that part of the Constitution which deals with the
exceptions related to the constitution. This is a part that includes special and temporary
provisions of Constitution. The idea underlying this part is that all those provision
which cater to exceptional circumstances and which deal with transitional situations
provisions are included in that part. Seen from this angle, Article 370 included
provisions which were considered as ‘Temporary Provisions’ with respect to J&K.
The temporary nature of the Article arises merely because the power to finalize the
constitutional relationship between the state and the Union of India had been specifically
vested in the Jammu and Kashmir Constituent Assembly. However, the State’s
Constituent Assembly dissolved itself on 25 January 1957 without recommending
either abrogation or amendment of the Article 370. Thus the Article has become a
permanent feature of the Indian constitution. Since then it has become an important
aspect as the articles incorporated in it are still guiding the state’s relations with Indian
Union. Hence, in this lesson, you will be introduced to the key elements of Article
370 and also to the special status of the Jammu and Kashmir in comparison to the
other states of India.
HISTORICAL BACKGROUND
As you have studied in the previous lesson, the state of Jammu and Kashmir
has a unique status in the Indian Union. Unlike other Indian states, it has a separate
constitution. The current status is based on the “Instrument of Accession” signed by
the then ruler of the state, Maharajah Hari Singh, with the Government of India on 27
October 1947. In pursuance of the terms and conditions of the Instrument of Accession,
the state was accorded special constitutional relationship, not given to any other state.
The next major milestone in cementing the special relationship was on 26 January
1950, when the new Indian Constitution drafted by a Constituent Assembly came
into effect. Article 370 in the Indian Constitution defined the special relationship of
the state with the Indian Union. It also defined the mechanism for managing centre-
state relations with specific reference to J&K.
Some of the other important events that influenced the drafting of Article 370
were the political turmoil in Jammu and Kashmir, the United Nations resolutions calling
for a plebiscite in the state on the issue of accession to India, the governments of both
India and Pakistan establishing political control over the territories of Kashmir under
Page 3


INTRODUCTION
Article 370 was included in the Constitution, not as an afterthought but after
mature consideration by the Constitution-makers. It was a condition of Kashmir’s
accession to India and if that accession is sacrosanct, the condition must also be
sacrosanct. Kashmir did not obviously want to join Pakistan. Kashmir procrastinated
between independence and accession to India and chose the latter. Accession to
India was conditional on Kashmir retaining its distinct cultural and regional identity.
Article 370 assured the state all benefits of independent Kashmir without sacrificing
the advantages of being a part of the larger Indian federation. It confers maximum
autonomy upon the state of Jammu and Kashmir. In pursuance of the integration many
constitutional exemptions are conferred over J&K state. The state of Jammu and
Kashmir was included as a Part B state in the first schedule of the Constitution of
India, as it was promulgated in 1950. But though the state was included as a Part B
state, all the provisions of the Constitution applicable to Part B state were not extended
to Jammu and Kashmir. While the Constitution of the other Part B states was laid
down in Part VII of the Constitution of India (as promulgated in 1950), the Constitution
of Jammu and Kashmir State was to be framed by the Constituent Assembly of that
State. Hence, the constitutional position and the special status available to the J&K
state is somewhat differs from that of other states. The policy of the constitution as
envisaged in the legal framework of article 370 is that the constitution was framed for
the entire Union of India but any of its provisions would not apply to the territories of
Jammu and Kashmir until and unless the President made an order to those effects.
Article 370 is included in that part of the Constitution which deals with the
exceptions related to the constitution. This is a part that includes special and temporary
provisions of Constitution. The idea underlying this part is that all those provision
which cater to exceptional circumstances and which deal with transitional situations
provisions are included in that part. Seen from this angle, Article 370 included
provisions which were considered as ‘Temporary Provisions’ with respect to J&K.
The temporary nature of the Article arises merely because the power to finalize the
constitutional relationship between the state and the Union of India had been specifically
vested in the Jammu and Kashmir Constituent Assembly. However, the State’s
Constituent Assembly dissolved itself on 25 January 1957 without recommending
either abrogation or amendment of the Article 370. Thus the Article has become a
permanent feature of the Indian constitution. Since then it has become an important
aspect as the articles incorporated in it are still guiding the state’s relations with Indian
Union. Hence, in this lesson, you will be introduced to the key elements of Article
370 and also to the special status of the Jammu and Kashmir in comparison to the
other states of India.
HISTORICAL BACKGROUND
As you have studied in the previous lesson, the state of Jammu and Kashmir
has a unique status in the Indian Union. Unlike other Indian states, it has a separate
constitution. The current status is based on the “Instrument of Accession” signed by
the then ruler of the state, Maharajah Hari Singh, with the Government of India on 27
October 1947. In pursuance of the terms and conditions of the Instrument of Accession,
the state was accorded special constitutional relationship, not given to any other state.
The next major milestone in cementing the special relationship was on 26 January
1950, when the new Indian Constitution drafted by a Constituent Assembly came
into effect. Article 370 in the Indian Constitution defined the special relationship of
the state with the Indian Union. It also defined the mechanism for managing centre-
state relations with specific reference to J&K.
Some of the other important events that influenced the drafting of Article 370
were the political turmoil in Jammu and Kashmir, the United Nations resolutions calling
for a plebiscite in the state on the issue of accession to India, the governments of both
India and Pakistan establishing political control over the territories of Kashmir under
their control, and the representatives of all the other states choosing, in India’s
Constituent Assembly, to not assert their right to separate constitutions. The ruler of
Jammu and Kashmir acceded to India by an Instrument of Accession on October 26,
1947 in respect of only three subjects - defence, foreign affairs and communications.
A schedule listed precisely 16 topics under these heads plus four others (e lections to
Union legislature and the like). Clause 5 said that the Instrument could not be altered
without the State’s consent. Clause 7 read: “Nothing in this Instrument shall be deemed
to commit me in any way to acceptance of any future Constitution of India or fetter
my discretion to enter into arrangements with the Government of India under any
such future Constitution.” Kashmir was then governed internally by its own Constitution
of 1939.
Negotiations were held on May 15 and 16, 1949 at Vallabhbhai Patel’s
residence in New Delhi on Kashmir’s future set-up. Nehru and Abdullah were present.
Foremost among the topics were “the framing of a Constitution for the State” and
“the subjects in respect of which the State should accede to the Union of India.” On
the first, Nehru recorded in a letter to the Sheikh (on May 18) that both Patel and he
agreed that it was a matter for the State’s Constituent Assembly. “In regard to (ii) the
Jammu and Kashmir State now stands acceded to the Indian Union in respect of
three subjects; namely, foreign affairs, defence and communications. It will be for the
Constituent Assembly of the State when convened, to determine in respect of which
other subjects the State may accede”. Article 370 embodies this basic principle which
was reiterated throughout.
RATIONALE OF ARTICLE 370
It would be appropriate to recall the rationale given by founding fathers to
justify the inclusion of Article 370 in the Constitution of India. While introducing the
draft clause 306A (Article 370) in the Constituent Assembly of India, N. Gopalaswami
Ayyangar, a Minister in the Nehru Government without a portfolio, stated that the
special condition prevailing in Jammu and Kashmir required special treatment. The
special circumstances highlighted by him were as follows :
Page 4


INTRODUCTION
Article 370 was included in the Constitution, not as an afterthought but after
mature consideration by the Constitution-makers. It was a condition of Kashmir’s
accession to India and if that accession is sacrosanct, the condition must also be
sacrosanct. Kashmir did not obviously want to join Pakistan. Kashmir procrastinated
between independence and accession to India and chose the latter. Accession to
India was conditional on Kashmir retaining its distinct cultural and regional identity.
Article 370 assured the state all benefits of independent Kashmir without sacrificing
the advantages of being a part of the larger Indian federation. It confers maximum
autonomy upon the state of Jammu and Kashmir. In pursuance of the integration many
constitutional exemptions are conferred over J&K state. The state of Jammu and
Kashmir was included as a Part B state in the first schedule of the Constitution of
India, as it was promulgated in 1950. But though the state was included as a Part B
state, all the provisions of the Constitution applicable to Part B state were not extended
to Jammu and Kashmir. While the Constitution of the other Part B states was laid
down in Part VII of the Constitution of India (as promulgated in 1950), the Constitution
of Jammu and Kashmir State was to be framed by the Constituent Assembly of that
State. Hence, the constitutional position and the special status available to the J&K
state is somewhat differs from that of other states. The policy of the constitution as
envisaged in the legal framework of article 370 is that the constitution was framed for
the entire Union of India but any of its provisions would not apply to the territories of
Jammu and Kashmir until and unless the President made an order to those effects.
Article 370 is included in that part of the Constitution which deals with the
exceptions related to the constitution. This is a part that includes special and temporary
provisions of Constitution. The idea underlying this part is that all those provision
which cater to exceptional circumstances and which deal with transitional situations
provisions are included in that part. Seen from this angle, Article 370 included
provisions which were considered as ‘Temporary Provisions’ with respect to J&K.
The temporary nature of the Article arises merely because the power to finalize the
constitutional relationship between the state and the Union of India had been specifically
vested in the Jammu and Kashmir Constituent Assembly. However, the State’s
Constituent Assembly dissolved itself on 25 January 1957 without recommending
either abrogation or amendment of the Article 370. Thus the Article has become a
permanent feature of the Indian constitution. Since then it has become an important
aspect as the articles incorporated in it are still guiding the state’s relations with Indian
Union. Hence, in this lesson, you will be introduced to the key elements of Article
370 and also to the special status of the Jammu and Kashmir in comparison to the
other states of India.
HISTORICAL BACKGROUND
As you have studied in the previous lesson, the state of Jammu and Kashmir
has a unique status in the Indian Union. Unlike other Indian states, it has a separate
constitution. The current status is based on the “Instrument of Accession” signed by
the then ruler of the state, Maharajah Hari Singh, with the Government of India on 27
October 1947. In pursuance of the terms and conditions of the Instrument of Accession,
the state was accorded special constitutional relationship, not given to any other state.
The next major milestone in cementing the special relationship was on 26 January
1950, when the new Indian Constitution drafted by a Constituent Assembly came
into effect. Article 370 in the Indian Constitution defined the special relationship of
the state with the Indian Union. It also defined the mechanism for managing centre-
state relations with specific reference to J&K.
Some of the other important events that influenced the drafting of Article 370
were the political turmoil in Jammu and Kashmir, the United Nations resolutions calling
for a plebiscite in the state on the issue of accession to India, the governments of both
India and Pakistan establishing political control over the territories of Kashmir under
their control, and the representatives of all the other states choosing, in India’s
Constituent Assembly, to not assert their right to separate constitutions. The ruler of
Jammu and Kashmir acceded to India by an Instrument of Accession on October 26,
1947 in respect of only three subjects - defence, foreign affairs and communications.
A schedule listed precisely 16 topics under these heads plus four others (e lections to
Union legislature and the like). Clause 5 said that the Instrument could not be altered
without the State’s consent. Clause 7 read: “Nothing in this Instrument shall be deemed
to commit me in any way to acceptance of any future Constitution of India or fetter
my discretion to enter into arrangements with the Government of India under any
such future Constitution.” Kashmir was then governed internally by its own Constitution
of 1939.
Negotiations were held on May 15 and 16, 1949 at Vallabhbhai Patel’s
residence in New Delhi on Kashmir’s future set-up. Nehru and Abdullah were present.
Foremost among the topics were “the framing of a Constitution for the State” and
“the subjects in respect of which the State should accede to the Union of India.” On
the first, Nehru recorded in a letter to the Sheikh (on May 18) that both Patel and he
agreed that it was a matter for the State’s Constituent Assembly. “In regard to (ii) the
Jammu and Kashmir State now stands acceded to the Indian Union in respect of
three subjects; namely, foreign affairs, defence and communications. It will be for the
Constituent Assembly of the State when convened, to determine in respect of which
other subjects the State may accede”. Article 370 embodies this basic principle which
was reiterated throughout.
RATIONALE OF ARTICLE 370
It would be appropriate to recall the rationale given by founding fathers to
justify the inclusion of Article 370 in the Constitution of India. While introducing the
draft clause 306A (Article 370) in the Constituent Assembly of India, N. Gopalaswami
Ayyangar, a Minister in the Nehru Government without a portfolio, stated that the
special condition prevailing in Jammu and Kashmir required special treatment. The
special circumstances highlighted by him were as follows :
1. That there was a war going on within the limits of the State ;
2. That there was a cease fire agreed to at the beginning of the year and that
cease fire was still on;
3. That the conditions in the State were still unusual and abnormal and had not
settled down;
4. That a part of the State was still in the hands rebels and enemies;
5. That our country was entangled with the United Nations with regard to Jammu
and Kashmir and it was not possible to say when we would be free from this
entanglement;
6. That the Government of India had committed themselves to the people of
Jammu and Kashmir in certain respects which commitments included an
undertaking that an opportunity would be given to the people of the State to
decide for themselves;
7. That the will of the people expressed through the instrument of a Constituent
Assembly would determine the constitution of the state as well as the sphere
of the Union jurisdiction over the state.
N. Gopalaswami Ayyangar while explaining the scope of article 370 in the
Constituent Assembly on 17th October, 1949 observed: “You will remember that the
several of the clause provide for the concurrence of the Government of Jammu and
Kashmir state. Now, these relate particularly to matters which are not mentioned in
the Instrument of Accession, and it is one of our commitments to the people and the
Government of Kashmir that no such additions should be made except with the consent
of the Constituent Assembly which may be called in the state for the purpose of
framing its Constitution”.
Explaining briefly the description of the effect of this Article, N. Gopalaswami
Ayyangar aptly remarked that the effect of Article 370 is Jammu and Kashmir State
which is now a part of India will continue to be a part of India
Page 5


INTRODUCTION
Article 370 was included in the Constitution, not as an afterthought but after
mature consideration by the Constitution-makers. It was a condition of Kashmir’s
accession to India and if that accession is sacrosanct, the condition must also be
sacrosanct. Kashmir did not obviously want to join Pakistan. Kashmir procrastinated
between independence and accession to India and chose the latter. Accession to
India was conditional on Kashmir retaining its distinct cultural and regional identity.
Article 370 assured the state all benefits of independent Kashmir without sacrificing
the advantages of being a part of the larger Indian federation. It confers maximum
autonomy upon the state of Jammu and Kashmir. In pursuance of the integration many
constitutional exemptions are conferred over J&K state. The state of Jammu and
Kashmir was included as a Part B state in the first schedule of the Constitution of
India, as it was promulgated in 1950. But though the state was included as a Part B
state, all the provisions of the Constitution applicable to Part B state were not extended
to Jammu and Kashmir. While the Constitution of the other Part B states was laid
down in Part VII of the Constitution of India (as promulgated in 1950), the Constitution
of Jammu and Kashmir State was to be framed by the Constituent Assembly of that
State. Hence, the constitutional position and the special status available to the J&K
state is somewhat differs from that of other states. The policy of the constitution as
envisaged in the legal framework of article 370 is that the constitution was framed for
the entire Union of India but any of its provisions would not apply to the territories of
Jammu and Kashmir until and unless the President made an order to those effects.
Article 370 is included in that part of the Constitution which deals with the
exceptions related to the constitution. This is a part that includes special and temporary
provisions of Constitution. The idea underlying this part is that all those provision
which cater to exceptional circumstances and which deal with transitional situations
provisions are included in that part. Seen from this angle, Article 370 included
provisions which were considered as ‘Temporary Provisions’ with respect to J&K.
The temporary nature of the Article arises merely because the power to finalize the
constitutional relationship between the state and the Union of India had been specifically
vested in the Jammu and Kashmir Constituent Assembly. However, the State’s
Constituent Assembly dissolved itself on 25 January 1957 without recommending
either abrogation or amendment of the Article 370. Thus the Article has become a
permanent feature of the Indian constitution. Since then it has become an important
aspect as the articles incorporated in it are still guiding the state’s relations with Indian
Union. Hence, in this lesson, you will be introduced to the key elements of Article
370 and also to the special status of the Jammu and Kashmir in comparison to the
other states of India.
HISTORICAL BACKGROUND
As you have studied in the previous lesson, the state of Jammu and Kashmir
has a unique status in the Indian Union. Unlike other Indian states, it has a separate
constitution. The current status is based on the “Instrument of Accession” signed by
the then ruler of the state, Maharajah Hari Singh, with the Government of India on 27
October 1947. In pursuance of the terms and conditions of the Instrument of Accession,
the state was accorded special constitutional relationship, not given to any other state.
The next major milestone in cementing the special relationship was on 26 January
1950, when the new Indian Constitution drafted by a Constituent Assembly came
into effect. Article 370 in the Indian Constitution defined the special relationship of
the state with the Indian Union. It also defined the mechanism for managing centre-
state relations with specific reference to J&K.
Some of the other important events that influenced the drafting of Article 370
were the political turmoil in Jammu and Kashmir, the United Nations resolutions calling
for a plebiscite in the state on the issue of accession to India, the governments of both
India and Pakistan establishing political control over the territories of Kashmir under
their control, and the representatives of all the other states choosing, in India’s
Constituent Assembly, to not assert their right to separate constitutions. The ruler of
Jammu and Kashmir acceded to India by an Instrument of Accession on October 26,
1947 in respect of only three subjects - defence, foreign affairs and communications.
A schedule listed precisely 16 topics under these heads plus four others (e lections to
Union legislature and the like). Clause 5 said that the Instrument could not be altered
without the State’s consent. Clause 7 read: “Nothing in this Instrument shall be deemed
to commit me in any way to acceptance of any future Constitution of India or fetter
my discretion to enter into arrangements with the Government of India under any
such future Constitution.” Kashmir was then governed internally by its own Constitution
of 1939.
Negotiations were held on May 15 and 16, 1949 at Vallabhbhai Patel’s
residence in New Delhi on Kashmir’s future set-up. Nehru and Abdullah were present.
Foremost among the topics were “the framing of a Constitution for the State” and
“the subjects in respect of which the State should accede to the Union of India.” On
the first, Nehru recorded in a letter to the Sheikh (on May 18) that both Patel and he
agreed that it was a matter for the State’s Constituent Assembly. “In regard to (ii) the
Jammu and Kashmir State now stands acceded to the Indian Union in respect of
three subjects; namely, foreign affairs, defence and communications. It will be for the
Constituent Assembly of the State when convened, to determine in respect of which
other subjects the State may accede”. Article 370 embodies this basic principle which
was reiterated throughout.
RATIONALE OF ARTICLE 370
It would be appropriate to recall the rationale given by founding fathers to
justify the inclusion of Article 370 in the Constitution of India. While introducing the
draft clause 306A (Article 370) in the Constituent Assembly of India, N. Gopalaswami
Ayyangar, a Minister in the Nehru Government without a portfolio, stated that the
special condition prevailing in Jammu and Kashmir required special treatment. The
special circumstances highlighted by him were as follows :
1. That there was a war going on within the limits of the State ;
2. That there was a cease fire agreed to at the beginning of the year and that
cease fire was still on;
3. That the conditions in the State were still unusual and abnormal and had not
settled down;
4. That a part of the State was still in the hands rebels and enemies;
5. That our country was entangled with the United Nations with regard to Jammu
and Kashmir and it was not possible to say when we would be free from this
entanglement;
6. That the Government of India had committed themselves to the people of
Jammu and Kashmir in certain respects which commitments included an
undertaking that an opportunity would be given to the people of the State to
decide for themselves;
7. That the will of the people expressed through the instrument of a Constituent
Assembly would determine the constitution of the state as well as the sphere
of the Union jurisdiction over the state.
N. Gopalaswami Ayyangar while explaining the scope of article 370 in the
Constituent Assembly on 17th October, 1949 observed: “You will remember that the
several of the clause provide for the concurrence of the Government of Jammu and
Kashmir state. Now, these relate particularly to matters which are not mentioned in
the Instrument of Accession, and it is one of our commitments to the people and the
Government of Kashmir that no such additions should be made except with the consent
of the Constituent Assembly which may be called in the state for the purpose of
framing its Constitution”.
Explaining briefly the description of the effect of this Article, N. Gopalaswami
Ayyangar aptly remarked that the effect of Article 370 is Jammu and Kashmir State
which is now a part of India will continue to be a part of India
ARTICLE 370: MAIN FEATURES
The position which emerged after the incorporation of Article 370 was only
Article 1 and Article 370 of Indian Constitution where to apply to J&K State in their
original form. Although the state became an integral part of Indian union by virtue of
article 1 (and first schedule), the relations between India and J&K were to be governed
by the provisions of Article 370. Article 370 on the other hand was the step towards
the long cherished desire of Kashmiri leaders with regard to state autonomy. This
article constitutionally promoted and protected the concept of state autonomy. The
very fact that this Article begins with the words “Notwithstanding anything with the
constitution” shows that it is a self-contained provision and has a specific purpose of
its own. The object behind enacting Article 370, according to the Supreme Court
ruling (in the case of Puran Lal Lakhan Pal versus the President of India in 1961) was
to recognize the special position of the state of J&K and to provide this special position
by limiting the power of union President and Parliament. It is by virtue of Article 370
that the Constituent Assembly of J&K was given the authority not only to frame the
constitution for the state but to concur in the application of the Indian Constitution
and in the extension of the jurisdiction of Indian Parliament to J&K. In accordance
with these provisions the competence of Indian Parliament was restricted to (a) such
entries in the union and concurrent lists of the 7th Schedule to the Indian Constitution
as corresponded to the subjects specified in the Instrument of Accession; (b)
elaboration of which subjects was to be done by the president by an order, in
consultation with the state government, additions to which were to be made with the
concurrence of the state government.
Similarly, provisions of the Indian Constitution, other than Article 1, could be
applied to J&K with or without modification by the president by an order, issued in
the consultation with the state government, relating to matters specified in the Instrument
of Accession and with the concurrence of the state government relating to the other
matters. The modification or elimination of the provisions of Article 370 was provided
for in clause 3. This could be done by the president by public notification. However,
the recommendation of the constituent assembly of J&K State was necessary before