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Home / IAS Preparation / Article 370 Of Indian Constitution

Article 370 UPSC Notes: Background, Purpose, Features, Abrogation & More

Last Updated on Jul 22, 2024
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Article 370 of Indian Constitution was added on 17th October 1949. It was added as a temporary provision under which the state of Jammu and Kashmir was exempted from articles of the Indian constitution, and the state was allowed to have its own constitution. Thereby, Article 370 restricted the legislative powers of the Indian parliament in the state of Jammu and Kashmir. N Gopalaswami Ayyangar was the first person to introduce the draft constitution for the state of Jammu and Kashmir under Article 306 A. Article 370 gave the authority to the constituent assembly of Jammu and Kashmir to decide on the articles of the Indian constitution, which would be applicable in the state of Jammu and Kashmir. 

Article 370 UPSC is one of the most important topics for the UPSC IAS Examination.

In this article on Article 370 UPSC, we shall discuss its background, features, the process of removal, and current status in the state of Jammu and Kashmir. This will be very useful for aspirants in the UPSC Prelims Exam.

Also, study the NCERT Notes on Fundamental Duties in India from the linked article.

GS Paper

General Studies Paper II

Topics for UPSC Prelims

Article 370, Historical Background, Temporary Provisions, Special Autonomy to Jammu and Kashmir, Presidential Orders (1954, 2019), Article 35A, Constitutional Amendments, Reorganization of Jammu and Kashmir, Abrogation Process, Key Dates and Events, Impact on Central Laws

Topics for UPSC Mains

Historical Context of Article 370, Political and Legal Implications of Article 370, Role of Constituent Assembly of Jammu and Kashmir, Impact of Article 370 on Federalism, Abrogation of Article 370: Process and Implications, Post-Abrogation Developments, Human Rights and Security Concerns, Impact on Local Governance, Economic Implications of the Abrogation, Comparison with Other Special Provisions (e.g., Article 371), International Reactions and Diplomacy

What is Article 370 of Indian Constitution?

Article 370 of Indian Constitution granted special autonomous status to Jammu and Kashmir. It was initially a temporary provision that allowed the state to have its constitution, flag, and considerable autonomy over all matters except defense, foreign affairs, finance, and communications. This provision was included to facilitate the state's accession to India in 1947.

Background of Article 370 of Indian Constitution

Article 370 of Indian Constitution was added on 17th October 1949. It was added as a temporary provision under which the state of Jammu and Kashmir was exempted from articles of the Indian constitution, and the state was allowed to have its own constitution. Thereby, Article 370 restricted the legislative powers of the Indian parliament in the state of Jammu and Kashmir.

  • N Gopalaswami Ayyangar was the first person to introduce the draft constitution for Jammu and Kashmir under Article 306 A.
  • Article 370 gave the constituent assembly of Jammu and Kashmir the authority to decide on the articles of the Indian constitution that would be applicable in the state of Jammu and Kashmir.
  • When the constitution of the state was first drafted, the constituent assembly of the J and K was dissolved immediately.
  • The President of India has the authority to change the provisions and scope of Article 370 under Clause 3.
  • Article 35A also has the genesis from Article 370 only.
  • Article 35A was first introduced by presidential order in 1954.
  • The Constituent Assembly of J and K also recommended Article 35a.
  • This article gave the Legislature of J and K the authority to provide the definition of the state's permanent residents and also provide them certain exclusive rights and privileges.
  • Article 370 appeared in Appendix 1 of the Indian Constitution.
  • However, on 5th August 2019, with the enactment of the Constitution (Application to Jammu and Kashmir Order), 2019 Articles 370 and 35A were abrogated from the Indian Constitution.

Learn more about Article 12!

Purpose of Article 370 of Indian Constitution

Article 370 of Indian Constitution granted special status to the state of Jammu and Kashmir. It provided the state with the power to have a separate constitution, a state flag, and autonomy of internal administration.

The purpose of Article 370 was to give Jammu and Kashmir a temporary and transitional arrangement. This was until the state's constituent assembly determined the extent to which the Indian Constitution would apply to it. The state assembly had the authority to recommend the abrogation of Article 370. However, it dissolved itself without doing so. Hence, the article became a permanent feature of the Indian Constitution.

Study the notes on Article 249 here.

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Features of Article 370 of Indian Constitution

Article 370 granted special autonomy to the state of Jammu and Kashmir, allowing it to have its own constitution, laws, and flag. It restricted the Indian Parliament's legislative powers in the state to defense, foreign affairs, finance, and communications unless the state's Constituent Assembly agreed otherwise. 

  • Article 370 granted a special autonomous status to the state of Jammu and Kashmir (J&K) within the Indian Union.
  • It allowed J&K to have its own constitution, a separate flag, and autonomy over internal administration.
  • The state had the power to decide on all matters except for defense, foreign affairs, and communications.
  • The Centre's legislative powers over J&K were limited, and the state had the power to reject any central law that it did not want to be implemented.
  • The President of India could declare a state of emergency in J&K only in the event of war, external aggression, or armed rebellion, and not on grounds of internal disturbance or imminent danger.
  • The provisions of Article 370 could be modified or abrogated only with the consent of the state government.

Learn more about Article 371!

Abrogation of Article 370 of Indian Constitution

On August 5, 2019, the Government of India revoked the special status granted to the state of Jammu and Kashmir under Article 370 of Indian Constitution. The state of Jammu and Kashmir was also bifurcated into two Union Territories - Jammu and Kashmir, and Ladakh. The decision was taken by the Government of India through a Presidential Order and the introduction of the Jammu and Kashmir Reorganization Act, 2019 in the Parliament. The revocation of Article 370 and the bifurcation of the state were seen as a significant move towards the integration of Jammu and Kashmir with the rest of India.

Learn more about Article 356!

Reasons for Abrogation

The abrogation of Article 370 was primarily driven by the need to integrate Jammu and Kashmir more fully into the Indian Union and to ensure uniformity in laws and governance. The government argued that the special status had hindered development, fostered separatism, and isolated the state from the rest of the country.

  • The government argued that the special status granted to Jammu and Kashmir under Article 370 was a temporary provision and had hindered the integration of the state with the rest of the country.
  • It was believed that the provision had also contributed to the growth of separatist sentiments and terrorism in the region.
  • The government wanted to bring Jammu and Kashmir at par with other states and Union Territories, and to ensure the implementation of Central laws and schemes in the region.
  • The government also wanted to pave the way for greater economic development and investment in Jammu and Kashmir.

Learn more about Article 311!

Impact of the Abrogation

The abrogation of Article 370 resulted in the bifurcation of Jammu and Kashmir into two Union Territories: Jammu & Kashmir and Ladakh. This move brought the region under the direct governance of the central government, enabling the application of all Indian laws uniformly.

  • The abrogation of Article 370 has led to the integration of Jammu and Kashmir with the Indian Union, with the state losing its special status and becoming a Union Territory.
  • It has enabled the implementation of Central laws and schemes in the region. This includes the Right to Education Act, the Goods and Services Tax, and various development programs.
  • The decision has also led to increased security measures and restrictions in the region. This includes the deployment of additional security forces, the imposition of curfews, and the temporary suspension of internet and communication services.
  • The abrogation has been a subject of intense political debate and controversy. Some argued that it was a necessary step towards the integration of Jammu and Kashmir. Others criticized it as a violation of the state's autonomy and the rights of its people.

Study the NCERT Notes on Schedules of the Indian Constitution here.

Key Takeaways for UPSC Aspirants

  • Historical Background: Article 370 was incorporated in the Indian Constitution to grant special autonomy to the state of Jammu and Kashmir, recognizing its unique circumstances at the time of accession to India.
  • Special Provisions: Under Article 370, Jammu and Kashmir had its own constitution and autonomy over internal matters except areas like defense, foreign affairs, finance, and communications.
  • Temporary Provision: Article 370 was intended to be a temporary provision, specified as such in the Constitution, pending a plebiscite to determine the state's permanent status, which never occurred.
  • Article 35A: A significant provision derived from Article 370 was Article 35A, which allowed the Jammu and Kashmir legislature to define permanent residents and afford them special rights and privileges.
  • Abrogation Process: On August 5, 2019, the Government of India abrogated Article 370 through a Presidential Order and a parliamentary resolution. This move nullified the state's special status and its separate constitution.
  • Reorganization of J&K: Following the abrogation, the Jammu and Kashmir Reorganization Act, 2019, was passed, bifurcating the state into two Union Territories: Jammu & Kashmir with a legislative assembly, and Ladakh without a legislative assembly.
  • Legal and Political Impacts: The abrogation of Article 370 has significant legal and political implications, centralizing power and ensuring that all provisions of the Indian Constitution apply uniformly to Jammu and Kashmir.
  • Economic and Social Consequences: The government argued that the move would lead to better integration of Jammu and Kashmir with the rest of India, improving investments, development, and security in the region. However, it also sparked local unrest and international concern over human rights and political stability.

We hope that all your doubts regarding Article 370 of Indian Constitution will be cleared after going through this article. You can download the Testbook App now to check out various other topics relevant to the UPSC IAS Exam.

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Article 370 UPSC FAQs

Article 370 granted special autonomous status to the region of Jammu and Kashmir, allowing it to have its own constitution, laws, and autonomy over internal matters except defense, communications, finance, and foreign affairs.

Article 370 was effectively abrogated on August 5, 2019, through a Presidential Order and a resolution passed by both houses of the Indian Parliament, which revoked the special status granted to Jammu and Kashmir.

Article 370 was introduced to provide Jammu and Kashmir with a temporary special status. It allowed it autonomy in certain areas while it acceded to India, due to the unique circumstances surrounding its accession in 1947.

Article 370 defined the relationship between Jammu and Kashmir and the Indian Union. It limited the Indian Parliament's legislative powers over the state to defense, communications, finance, and foreign affairs. It allowed the state to have its own constitution and autonomy over other matters.

Article 370 allowed Jammu and Kashmir to maintain a degree of autonomy and self-governance. It preserved the cultural and social identity of the region. It encouraged political stability and integration within the Indian Union under specific terms. However, it created a sense of isolation and difference between Jammu and Kashmir and the rest of India. It hindered economic development and integration with the Indian economy.

On August 5, 2019, the Indian government abrogated Article 370 and Article 35A, thereby revoking the special status of Jammu and Kashmir. Article 35A had empowered the state legislature to define "permanent residents" and provide special rights and privileges to them. The abrogation aimed to fully integrate Jammu and Kashmir with India, ensuring equal application of all Indian laws.
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