10 Essential Points on Article 370 of the Indian Constitution
This work has been verified by our teacher: 22.01.2026 at 18:05
Type of homework: Essay Writing
Added: 19.01.2026 at 6:35
Summary:
Explore 10 essential points on Article 370 of the Indian Constitution to understand its history, legal status, and impact on Jammu and Kashmir’s unique autonomy.
10 Lines on Article 370 of Indian Constitution
Introduction
Among the diverse and intricate provisions of the Indian Constitution, Article 370 has long stood out as one of the most contentious and discussed. Occupying a unique place within the constitutional structure, Article 370 symbolised the special relationship between Jammu and Kashmir and the Union of India. To comprehend its significance is to travel back to pivotal moments in India’s post-Partition history and to examine the blend of legal delicacy, political calculation, and social sensitivity underlying it. Far beyond a mere constitutional clause, Article 370 has left a profound impact on Indian federalism, national unity, and regional identities. This essay seeks to present ten crucial points about Article 370—elaborating on its historic roots, legal meanings, evolving politics, and its fate post-August 2019. In doing so, I will highlight how Article 370 shaped not only Jammu and Kashmir’s identity, but also reflected the larger complexities of India’s democracy.Historical Background of Article 370
The troubled birth of Article 370 can only be understood against the backdrop of the 1947 Partition. As British India was carved into two independent nations, the princely states were given the right to accede to either India or Pakistan, or—at least theoretically—remain independent. Maharaja Hari Singh, the Dogra ruler of the Muslim-majority state of Jammu and Kashmir, hesitated to take a stand. Facing a spiralling crisis after tribal invasions supported by Pakistan, Hari Singh turned to the Indian government for military assistance. The assistance was conditional; only after signing the Instrument of Accession on 26 October 1947 did Indian troops intervene. This accession was limited—covering defence, foreign affairs, and communications.Negotiations in the period that followed engaged leaders like Prime Minister Jawaharlal Nehru and Deputy Prime Minister Sardar Patel, along with visionary constitutionalist Dr. B.R. Ambedkar. On the other side, Sheikh Abdullah represented Kashmiri aspirations for autonomy. Lord Mountbatten, the first Governor-General of India, played a vital mediating role and insisted that the wishes of the people of Kashmir should be respected. The resultant compromise led to the creation of Article 370—granting Jammu and Kashmir a special constitutional status as a means of facilitating smooth integration yet respecting its autonomy.
Constitutional Position and Legal Provisions of Article 370
Article 370 occupied its place in Part XXI of the Indian Constitution—categorised under “Temporary, Transitional and Special Provisions”. Unlike other states, Jammu and Kashmir was entitled to draft its own Constitution and hold special powers in various legislative matters. Under Article 370, only three subjects from the Union List—Defence, Foreign Affairs, and Communications—were under the exclusive jurisdiction of the Government of India. Any extension of further Union Laws to Jammu and Kashmir could only occur with the consent of the State Government.Furthermore, Jammu and Kashmir possessed its own flag and constitution, and its Assembly enjoyed sweeping autonomy over matters not falling under the previously mentioned three subjects. Unlike with other states, most central laws and hence even certain fundamental rights could be enforced in Jammu and Kashmir only with formal approval. Provisions like Article 356 (imposition of President’s Rule) and Article 360 (financial emergency) did not apply automatically. This arrangement was designed to preserve the distinct political and cultural identity of the region while keeping it within the fold of the Indian Union.
Key Features and Significance of Article 370
The most distinguishing aspect of Article 370 was the “special status” it conferred upon Jammu and Kashmir. Residents benefitted from exclusive laws regarding citizenship, property rights, and privileges in educational or government recruitment. For instance, only permanent residents—defined by state subject laws—could own land or secure government jobs, a legal shield not extended to the rest of India’s citizens.The legislative autonomy protected Kashmir’s distinctive social fabric and local traditions. This was not just a constitutional formality but formed an emotional foundation for many Kashmiris, who perceived Article 370 as a guarantee of their rights, culture, and regional pride. At the same time, the central government’s restricted powers resulted in frequent debates about Centre-State relations, federalism, and balanced development. The Article also buffered Jammu and Kashmir from certain central laws that were automatically applicable elsewhere, fostering a dual legal system that, over the years, became a lingering symbol of both pride and conflict.
Article 370 as a Temporary Provision and its Evolution
It is often forgotten that Article 370 was originally intended as a “temporary” compromise, a bridge until Jammu and Kashmir held its own Constituent Assembly to decide the nature of its final relationship with India. However, no such final settlement arrived. Kashmir’s Constituent Assembly, after framing the state’s Constitution, dissolved itself in 1957 without taking a clear stand on the Article’s future.Thus, “temporary” evolved into a complex status quo. Over decades, the Article’s flexibility was tested through numerous Presidential Orders that gradually extended many central laws to J&K, with the State Government’s concurrence. Yet, the foundations of special status remained until 2019, transforming a provisional arrangement into a near-permanent fixture of Indian federalism—much like how a temporary truce becomes a way of life in a protracted conflict.
Political and Legal Controversies Surrounding Article 370
Few constitutional provisions have provoked as many political and legal debates as Article 370. Its supporters—ranging from leaders in the Kashmir Valley to parties like National Conference and PDP—argued that it was vital to safeguarding Kashmir’s culture, identity, and autonomy within the Indian Union. To many in Kashmir, abrogating Article 370 would amount to breaking the trust on which accession rested.Conversely, critics—particularly reflected in the politics of Jammu and often championed by the Bharatiya Janata Party (BJP)—regarded Article 370 as an impediment to integration, development and equality. They held it up as a symbol of “appeasement” and “separatism” that isolated Jammu and Kashmir from the national mainstream. Over the years, several petitions challenged the Article’s constitutional validity and the process of its gradual dilution. The Supreme Court, while hearing these cases, observed the complexities but largely upheld the legal standing of Article 370 until its recent abrogation. Divergent opinions even within the state—between Jammu, the Valley, and Ladakh—mirrored broader debates about identity, autonomy, and the future of Indian federalism.
Impact on Jammu and Kashmir’s Social, Political, and Economic Status
Through its operation, Article 370 directly shaped the lives of Jammu and Kashmir’s residents. Special privileges in government jobs, scholarships for higher education, and property rights were enjoyed solely by permanent residents. While this nurtured a region-specific identity, it also inadvertently restricted outside investments and free movement, impacting economic development for decades. Critics often pointed to stymied private enterprise, insufficient infrastructure, and restricted opportunities resulting from these protections.Governance, too, was distinct: Central government’s limited jurisdiction made certain reforms difficult to implement. Despite periods of peace, the state’s complex politics and security situation often found themselves at odds with the rest of India’s political landscape, especially after the eruption of militancy in the late 1980s and the continuous presence of security forces since then.
Recent Developments and Abrogation of Article 370 (As of August 2019)
A watershed moment arrived on 5th August 2019, when the Government of India, led by Prime Minister Narendra Modi and Home Minister Amit Shah, abrogated Article 370 by Presidential Order and Parliamentary legislation. Overnight, Jammu and Kashmir’s special status was revoked. The state was bifurcated into two Union Territories—Jammu & Kashmir, and Ladakh—directly administered by the Centre.The move drew polarised responses. The government justified abrogation as necessary for national integration, economic development, and ending “discrimination” against groups like women and Dalits within J&K. Many in Jammu and a significant section of national political groups welcomed the decision as the final step in integrating the region fully. Contrarily, political parties in Jammu and Kashmir, several civil society groups, and a section of international observers view the abrogation as an undermining of federalism, state consent, and a blow to regional autonomy. Legal challenges remain pending.
Conclusion
The journey of Article 370 — from its inception as a conciliatory gesture to its abrogation amid nationalistic fervour — mirrors the complexity of India’s unity in diversity. Over seven decades, it oscillated between being a symbol of Kashmiri pride and a thorn in the side of Indian integrationists. Its presence and removal have both generated strong emotions, underscoring the delicate balance between local aspirations and national priorities. Ultimately, Article 370’s story is not just a constitutional debate but a lesson in democratic negotiation, compromise, and the need for continuous engagement with India’s myriad identities. While recent changes mark a new chapter, the importance of sensitivity, dialogue, and understanding the intricacies of federalism remain more relevant than ever for Indian democracy.Appendix: The 10 Lines on Article 370 (Summary)
1. Article 370 granted special autonomous status to Jammu and Kashmir in the Indian Union. 2. It was listed under Part XXI of the Indian Constitution as a temporary and transitional provision. 3. The Article originated from the Instrument of Accession signed by Maharaja Hari Singh in 1947. 4. Only three subjects—Defence, Foreign Affairs, and Communication—were under Central control. 5. Jammu and Kashmir drafted its own Constitution and had its own official flag. 6. Central laws applied to J&K only with the concurrence of its State Government. 7. Article 370 preserved special rights related to property, jobs, and scholarships for permanent residents. 8. Though envisaged as temporary, it remained until 2019 due to political complexities. 9. The Article was the subject of numerous debates and legal disputes over its relevance and impact. 10. In August 2019, Article 370 was abrogated, ending J&K’s special status and splitting it into two Union Territories.---
By understanding Article 370 through its origins, purpose, impact, controversies, and recent developments, students can appreciate how constitutional provisions are deeply intertwined with political history, regional identity, and the evolution of the Indian nation.
Rate:
Log in to rate the work.
Log in