Jammu & Kashmir Administrative Services (JKPSC)

• 01 Mar 2025

Article 370

Why in News? 

On 25 February 2025, Jammu & Kashmir Chief Minister stated that Article 370 was described as a “temporary or transitional” provision because J&K’s status had not been fully formalized at the time of its accession to India in 1947. 

 Key Points 

• Article 370's Temporary Status: 
  • The Chief Minister asserted that the promise of a plebiscite led to this classification, as J&K’s future was expected to be determined through democratic means. 
  • He emphasized the need to revisit the Instrument of Accession signed by Dogra ruler Hari Singh and the Government of India in 1947. 
  • He argued that while J&K’s accession to India became final over time, the conditions and framework that enabled it should have remained unchanged. 
  • He insisted that both aspects—accession and its governing framework—should be treated equally, rather than considering one as permanent and the other as temporary. 
• Post-2019 Changes in J&K: 
  • He also acknowledged the changing atmosphere in J&K following the abrogation of Article 370 in 2019. 

 Article 370 

• About: 
  • Article 370 of the Indian constitution granted special status to Jammu and Kashmir. 
  • It was drafted by N Gopalaswami Ayyangar, a member of the Constituent Assembly of India and was added as a 'temporary provision' in 1949. 
  • This article allowed Jammu and Kashmir to have its constitution, flag, and autonomy over most matters except defence, foreign affairs, and communications. 
  • The provision was based on the terms of the Instrument of Accession, which was signed by the ruler of Jammu and Kashmir, Hari Singh, in 1947 following an invasion by Pakistan. 
• Repeal of Article 370: 
  • Presidential Order: In the 2019 Presidential orders, Parliament redefined the "constituent assembly of Jammu and Kashmir" to mean the "Legislative Assembly of Jammu and Kashmir." 
    • By invoking the President's rule, Parliament then assumed the powers of the Legislative Assembly to revoke Article 370. 
  • Resolutions in Parliament: On 5th and 6th August 2019, concurrent resolutions were passed by both houses of Parliament, the Lok Sabha and the Rajya Sabha, respectively. 
    • These resolutions revoked the remaining provisions of Article 370 and replaced them with new provisions. 
  • Jammu and Kashmir Reorganisation Act, 2019: It was passed by Parliament in 2019 to bifurcate the state of Jammu and Kashmir into two Union Territories of Jammu and Kashmir and Ladakh.