Article 370 of the Costitution of India with Case law
Article 370 of the Constitution of India
Title: Temporary provisions with respect to the State of Jammu and Kashmir
🧾 Bare Text Summary of Article 370:
Article 370 granted special autonomous status to the state of Jammu and Kashmir (J&K). It limited the Parliament's legislative powers over J&K to certain subjects except with the state government’s concurrence.
🔍 Key Provisions:
| Clause | Summary |
|---|---|
| 370(1)(a) | Except for defense, foreign affairs, and communications, Parliament needs the State government's recommendation to apply other laws to J&K. |
| 370(1)(b) | The President can specify which other laws apply to J&K, with State concurrence. |
| 370(3) | The President can declare Article 370 inoperative with the State Constituent Assembly's recommendation or, since that body no longer exists, effectively through the State Governor's concurrence under special circumstances. |
🧑⚖️ Landmark Case Laws on Article 370:
🔹 State of J&K v. Union of India, AIR 1959 SC 565
The Supreme Court held that Article 370 was a temporary provision but a constitutional part of India.
Parliament’s powers over J&K were limited as per Article 370.
🔹 S.M. Hali v. Union of India, AIR 1969 SC 93
Reaffirmed that Article 370 gave J&K special status and autonomy.
Held that laws applicable to other states need State’s concurrence to be extended to J&K.
🔹 Prem Nath Kaul v. State of J&K, AIR 1959 SC 1017
The State Constituent Assembly’s role was critical in deciding the applicability of laws.
Until its dissolution, Article 370 stood as a temporary measure.
🔹 Narendra Modi Government’s 2019 Move (Not a Case but Key Development)
On August 5, 2019, President issued a Presidential Order (C.O. 272) superseding the earlier 1954 order.
The Government used Article 370(3) read with Article 367 to remove special status of J&K.
Parliament passed the Jammu and Kashmir Reorganisation Act, 2019, bifurcating the state into two Union Territories: Jammu & Kashmir and Ladakh.
This effectively abrogated Article 370.
⚖️ Important Observations:
| Aspect | Note |
|---|---|
| Temporary provision | Article 370 was meant to be temporary, pending J&K Constituent Assembly’s decision (which dissolved in 1957 without fully integrating). |
| Special autonomy | J&K had its own constitution, flag, and laws differing from other Indian states. |
| Presidential Orders | Various Presidential Orders extended Indian laws to J&K with State concurrence. |
| Controversy | The 2019 abrogation was challenged in courts but remains politically and legally significant. |
✅ Summary:
Article 370 provided J&K a special autonomous status for decades.
It limited Union’s legislative powers over J&K.
The abrogation in 2019 marked a historic constitutional change.
Judicial review on the 2019 move is ongoing, with petitions pending in the Supreme Court.
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