Article 370 of the Constitution of India
Former law granting autonomy to Jammu and Kashmir
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Key Takeaways
- Article 370 of the Indian constitution gave special status to Jammu and Kashmir, a region located in the northern part of the Indian subcontinent and part of the larger region of Kashmir which has been the subject of a dispute between India, Pakistan and China since 1947.
- Article 370 conferred on it the power to have a separate constitution, a state flag, and autonomy of internal administration.
- It stated that the Constituent Assembly of Jammu and Kashmir would be empowered to recommend the extent to which the Indian constitution would apply to the state.
- After the state constituent assembly was convened, it recommended the provisions of the Indian constitution that should apply to the state, based on which 1954 Presidential Order was issued.
- On 5 August 2019, the Government of India issued a Presidential Order superseding the 1954 order, and making all the provisions of the Indian Constitution applicable to Jammu and Kashmir.
Article 370 of the Indian constitution gave special status to Jammu and Kashmir, a region located in the northern part of the Indian subcontinent and part of the larger region of Kashmir which has been the subject of a dispute between India, Pakistan and China since 1947. India administered Jammu and Kashmir as a state from 17 November 1952 to 31 October 2019. Article 370 conferred on it the power to have a separate constitution, a state flag, and autonomy of internal administration.
Article 370 was drafted in Part XXI of the Indian constitution titled "Temporary, Transitional and Special Provisions". It stated that the Constituent Assembly of Jammu and Kashmir would be empowered to recommend the extent to which the Indian constitution would apply to the state. The state assembly could also abrogate Article 370 altogether, in which case all of the Indian Constitution would have applied to the state.
After the state constituent assembly was convened, it recommended the provisions of the Indian constitution that should apply to the state, based on which 1954 Presidential Order was issued. Since the state constituent assembly dissolved itself without recommending the abrogation of Article 370, the article was deemed to have become a permanent feature of the Indian Constitution.
On 5 August 2019, the Government of India issued a Presidential Order superseding the 1954 order, and making all the provisions of the Indian Constitution applicable to Jammu and Kashmir. The order was based on the resolution passed in both houses of India's parliament with a two-thirds majority. A further order on 6 August made all the clauses of Article 370 except clause 1 to be inoperative.
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