Article 370 Recap: Accession Condition To Abrogation — J&K Special Status History In 10 Points

The Supreme Court Monday is scheduled to pronounce its verdict on a batch of petitions that challenged the Narendra Modi government’s 2019 decision to abrogate the provisions of Article 370 stripping the erstwhile state of Jammu and Kashmir of its special status granted by the country’s Constitution. 

A five-judge Constitution bench is set to deliver the verdict on the petitions referred to it in 2019. Headed by Chief Justice DY Chandrachud, the bench will have Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant as the other members. After a 16-day hearing, the apex court had on September 5 reserved its verdict in the matter.

The petitions question the validity of the abrogation of the provisions of Article 370 and that of the Jammu and Kashmir Reorganisation Act, 2019, which divided the erstwhile state into the two union territories of J&K and Ladakh. 

Here’s a look back at the Article 370, its history and the subsequent developments over the decades:

Article 370 Verdict Today: FOLLOW LIVE UPDATES 

1. Article 370 Origin

Article 370 was incorporated into the Indian Constitution to grant a special status to Jammu and Kashmir, reflecting the state’s unique circumstances during its accession to India in 1947. Maharaja Hari Singh, the last ruler of J&K, had signed the Instrument of Accession to join the Dominion of India, agreeing to be governed by India’s Parliament.

2. The Special Status

Article 370 allowed Jammu and Kashmir to have its own constitution and autonomy over internal administration, and limited the legislative powers of Parliament in the state to defence, foreign affairs, finance, and communications. It stipulated that no part of the Constitution, barring Article 1 that declared India as a ‘Union of States’ and the Article 370 itself, would apply to J&K. Also, Article 370 itself could not be amended or repealed, without the consent of the Constituent Assembly of J&K. 

3. Separate Laws

Residents of Jammu and Kashmir were subject to a different set of laws in terms of citizenship, property ownership, and fundamental rights. Article 370 stipulated that Indian Parliament would not make any laws in the state without the ‘concurrence’ of the constituent assembly.

4. Temporary Provision

When Article 370 was drafted into the Constitution, it was intended to be a temporary provision. However, it remained in force even after the tenure of the J&K constituent Assembly came to an end in 1957.

5. Article 370 Revocation in 2019

On August 5, 2019, the Government of India revoked the special status of J&K through a Presidential Order. A resolution was passed in Parliament the next day.

6. J&K Bifurcation

Following the abrogation of Article 370, Jammu and Kashmir was bifurcated into two union territories – J&K and Ladakh.

7. Security and Communication Clampdown

In anticipation of unrest, the region saw an increased security presence and communication restrictions following the abrogation of Article 370.

8. Mixed Reactions

The abrogation of Article 370 drew both domestic and international reactions — both in support and in opposition. The decision led to significant legal and political debate, focusing on constitutional processes, federalism, and the rights of states within the Indian Union.

9. Petitions In Court

Multiple petitions were filed in the Supreme Court of India challenging the constitutional validity of the decision to abrogate Article 370. Some of the petitioners argued that Article 370 had acquired a permanent status since the constituent assembly had become extinct.

10. SC Observations So Far   

During the hearing, the SC asked who could recommend the revocation of Article 370 when there was no constituent assembly, the concurrence of which was required before taking such a step. The apex court had also asked how could Article 370, which the Constitution specifically mentioned as temporary, become permanent after the J&K constituent assembly’s tenure ended in 1957.