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What is Article 370?

Article 370 came into existence through the Instrument of Accession, which was signed by the former ruler of Jammu and Kashmir, Maharaja Hari Singh, in 1947. It was added to the Indian constitution on 17 October 1949 as a temporary clause. This article granted special privileges to Jammu and Kashmir, allowing it to have its own constitution and limited the legislative powers of the Indian Parliament in the state. Sir Narasimha Gopalaswami Ayyangar proposed it as Article 306A in the initial constitution draft.
Once the state constitution was drafted, the Jammu and Kashmir Constituent Assembly dissolved. On 25 January 1957, the state's constituent assembly disbanded itself without recommending the removal or modification of Article 370, leaving the provision's status uncertain.

Article 370: Progression

The Constituent Assembly of Jammu and Kashmir had the authority to propose which sections of the Indian Constitution should be applicable to the state through Article 370. Eventually, the Supreme Court of India and the High Court of Jammu and Kashmir declared that the clause had gained permanent status.
This meant that in order to enforce a central provision on matters covered by the Instrument of Accession, only "consultation" with the state government was required.
The consent of the state government was necessary to apply a central law to subjects other than defence, foreign affairs, and communications.
As per the Indian Constitution, Article 370 grants autonomous status to the state of J&K. It is included in the temporary provisions of Part 21 (Temporary, Transitional and Special provisions).

Abrogation of Article 370 of the Indian Constitution

• On 5th August 2019, the President of India issued the Constitution (Implementation to Jammu and Kashmir) Order, 2019. This order used the authority granted by Clause (1) of Article 370 of the Indian Constitution to revoke the special status previously granted to Jammu and Kashmir.
• Following the abrogation of Article 370, Jammu and Kashmir no longer possess their own constitution, flag, or anthem, and the residents no longer hold dual citizenship.
• The legislative changes, such as the Right to Information Act and the Right to Education Act, are now applicable in Jammu and Kashmir.
• With the repeal of Article 370, the Indian Constitution and all 890 Central provisions are now fully enforced in Jammu and Kashmir. Consequently, Jammu and Kashmir are considered an integral part of India both in written law and in principle.
• Article 370 of the Indian Constitution was viewed as a temporary and ineffective measure that needed to be abolished.

Article 370 and 35A of the Indian Constitution

Article 35A, which originates from Article 370, is a unique provision in the Indian Constitution. Unlike other articles, it is not found in the main body of the Constitution but in Appendix I. Together, these articles granted special status and privileges to the state of J&K and its people. However, in August 2019, these provisions were repealed.
Sheikh Abdullah, who was appointed by the then Prime Minister of J&K Maharaja Hari Singh and Jawahar Lal Nehru, drafted Article 370. On 5th August 2019, the Constitution (Application to Jammu & Kashmir) Order, 2019 was published in the Official Gazette of India and presented by Union Home Minister Amit Shah. This order declared the application of all provisions of the Indian Constitution to the state of J&K, resulting in the suspension of J&K's separate constitution.
Additionally, the Indian Penal Code (IPC), 1860, replaced the state's Ranbir Penal Code as a result of the Presidential order in 2019. It's important to note that the government implemented this amendment using Clause 3 of Article 370, bypassing the traditional amending provision stated in Article 368 of the Constitution.

Article 35A

Article 35A used to provide special rights and benefits to permanent residents of Jammu & Kashmir. These privileges included the ability to purchase land and property, access to public sector jobs, and other welfare provisions. Furthermore, only permanent residents of Jammu & Kashmir had the right to vote in assembly elections. However, with the enactment of the Jammu and Kashmir Reorganization Act 2019, Article 35A was abolished.
Following the successful abrogation of Article 370, the Central Government no longer requires approval from the state's government to implement laws. As a result, Article 35A lost its validity after the removal of Article 370 from the Indian Constitution. In simple terms, there will no longer be a distinction between permanent residents of J&K and residents of other states.

Jammu and Kashmir Reorganization Act, 2019

The Jammu and Kashmir Reorganization Act was introduced by Union Home Minister Amit Shah on 5th August 2019 in the Rajya Sabha. It officially came into effect on 31st October 2019, which is celebrated as National Unity Day in honour of Sardar Vallabhbhai Patel, India's first home minister.
This act divided the state of Jammu and Kashmir into two Union territories: Jammu and Kashmir, and Ladakh.
The consequences of revoking Article 370 in Jammu and Kashmir are as follows:

• It will help reduce radicalization among the state's youth and the separatist movement within the state.
• It will create opportunities for growth and development in various sectors, including healthcare and industry within the state.
• It will decrease terrorism and corruption levels.

Although new reforms often face initial challenges, they bring significant benefits in the long run.

Article 370 UPSC

Article 370 is an important subject to study for the IAS exam. UPSC Prelims and Mains exams frequently include questions about Article 370 of the Indian Constitution. It is a common topic in Current Affairs as well. Hindi-speaking candidates can also refer to Current Affairs in Hindi for their preparation.