Part XXI: Temporary, Transitional, and Special Provisions

Article 370: Temporary Provisions for Jammu and Kashmir

Original Article:

Article 370 initially provided temporary provisions for Jammu and Kashmir, granting it special autonomy within the Indian Union. The article outlined unique legislative, executive, and judicial frameworks for the State, subject to specific conditions.

Explanations:

Article 370 was introduced to accommodate the unique circumstances of Jammu and Kashmir's accession to India in 1947. It allowed the State its own Constitution and limited Parliament's powers to legislate on specific matters unless agreed upon by the State government.

Key Provisions:

Autonomy of Jammu and Kashmir

The State was permitted its own Constitution and significant legislative independence, except in matters like defense, foreign affairs, and communications.

Role of Presidential Orders

The President could extend provisions of the Indian Constitution to Jammu and Kashmir with the State government's concurrence, ensuring a negotiated legislative process.

Revocation of Article 370

In 2019, Article 370 was effectively abrogated through a Presidential Order, integrating Jammu and Kashmir fully into the Indian Union and reconstituting it as two Union Territories.

Historical Significance:

Article 370 symbolized India's federalism and pluralism, recognizing Jammu and Kashmir's distinct identity. Its abrogation marked a transformative shift in the constitutional framework and national integration.

Real-Life Example:

The abrogation of Article 370 in August 2019 led to administrative restructuring, extending central laws like the Right to Information Act to Jammu and Kashmir, ensuring legal uniformity across the Union.

References:

The Constitution of India, Article 370; historical records of Jammu and Kashmir's accession; and government orders related to the abrogation in 2019.