Actual Article
Article 370: Temporary provisions with respect to the State of Jammu and Kashmir
(1) Notwithstanding anything in this Constitution,—
- (a) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;
- (b) the power of Parliament to make laws for the said State shall be limited to—
- (i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
- (ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.
- (c) the provisions of Article 1 and of this Article shall apply in relation to that State;
- (d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify:
- Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State:
- Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this Article, the President may, by public notification, declare that this Article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:
- Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.
UPSC Notes for Article 370
Explanation:
- Special Status: Article 370 provided special autonomy to the State of Jammu and Kashmir, distinguishing it from other states in India.
- Parliamentary Powers: Limited Parliament’s power to legislate for Jammu and Kashmir to specified subjects in the Union and Concurrent Lists, subject to the concurrence of the State Government.
- Presidential Orders: Allowed the President to specify which provisions of the Indian Constitution would apply to Jammu and Kashmir, with exceptions and modifications, based on consultations or concurrence with the State Government.
- Constituent Assembly’s Role: The State’s Constituent Assembly had the authority to decide on the application of Article 370 and its provisions.
Key Points:
- Autonomy: Granted significant autonomy to Jammu and Kashmir, allowing it to have its own Constitution and limiting the applicability of the Indian Constitution.
- Consultation and Concurrence: Required the consultation or concurrence of the State Government for extending Indian laws and constitutional provisions to Jammu and Kashmir.
- Temporary Provision: Originally intended as a temporary provision, pending the State’s integration with India.
Important Cases and Commissions Related to Article 370
Cases:
- Prem Nath Kaul vs. State of Jammu and Kashmir (1959): The Supreme Court held that Article 370 is a temporary provision that will cease to be operative when the Constituent Assembly of the State of Jammu and Kashmir decides to abrogate it.
- Sampat Prakash vs. State of Jammu and Kashmir (1968): The Supreme Court reaffirmed the temporary nature of Article 370 but stated it would continue to be operative until the President issues a notification declaring its cessation.
Commissions:
- Sarkaria Commission (1983): Discussed Centre-State relations, including the special status of Jammu and Kashmir under Article 370.
- Punchhi Commission (2010): Examined issues related to federal structure, including special provisions for certain states like Jammu and Kashmir.
Important Reports Related to Article 370:
- Sarkaria Commission Report: Analyzed the implications of special provisions like Article 370 on Centre-State relations and recommended measures to ensure cooperative federalism.
Previous Year Prelims Questions Related to Article 370
- (UPSC Prelims 2016) What did Article 370 of the Indian Constitution provide for?
A. Special autonomy to the State of Jammu and Kashmir
B. Special provisions for Scheduled Tribes
C. Powers of the President during an emergency
D. Financial emergency provisions Correct Answer: A. Special autonomy to the State of Jammu and Kashmir - (UPSC Prelims 2018) Under Article 370, whose concurrence was required for extending Indian laws to Jammu and Kashmir?
A. The Prime Minister
B. The Governor
C. The State Government
D. The Chief Justice of India Correct Answer: C. The State Government
Previous Year Mains Questions Related to Article 370
- Mains 2016: “Discuss the significance of Article 370 in the context of the special status granted to Jammu and Kashmir. How did this provision impact Centre-State relations?”
- Mains 2019: “Evaluate the implications of the abrogation of Article 370 on the federal structure of India. How has this move affected the governance of Jammu and Kashmir?”
Additional Insights:
- Abrogation of Article 370: On August 5, 2019, the Government of India abrogated Article 370, effectively revoking the special status granted to Jammu and Kashmir. This move was followed by the reorganization of the state into two Union Territories: Jammu & Kashmir and Ladakh.
- Integration and Federalism: The abrogation aimed at fully integrating Jammu and Kashmir with India, bringing it under the same legal and constitutional framework as other states and Union Territories.
- Contemporary Relevance: Understanding Article 370 is essential to comprehend the historical context and recent developments in the federal structure and governance of Jammu and Kashmir.
Understanding Article 370 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for special autonomy, the historical context of Jammu and Kashmir, and the implications of its recent abrogation. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the balance between autonomy and integration within the Indian Constitution.