Article 370 – Special Status (Before 2019)

• Article 370 provided special autonomous status to the state of J&K.
• Key provisions:
  • Limited application of the Indian Constitution.
  • Parliament had power to legislate only on matters in the Union List and Concurrent List with concurrence of the J&K State Government.
  • Separate J&K Constitution (1956).
  • Dual citizenship – J&K residents were Indian citizens but had special rights.
  • No financial emergency could be imposed.
  • Disrespecting the national symbols was not punishable under state laws.
  • Prevented outsiders from owning land in J&K.

Article 35A – Special Rights to Residents of J&K

• Inserted through a Presidential Order in 1954 (not by Parliament).
• Empowered the J&K legislature to:
  • Define “permanent residents.”
  • Provide exclusive rights on:
    • Property
    • Government jobs
    • Scholarships
    • Other welfare benefits
• Not part of the Constitution’s main body; placed in Appendix I.

Abrogation of Article 370 – August 5, 2019

Steps Taken:

• Presidential Order C.O. 272 (2019):
  • Extended all provisions of the Indian Constitution to J&K.
  • Used Article 370(1)(d) with “concurrence of the Governor” (since state was under President’s Rule).
• Jammu and Kashmir Reorganisation Act, 2019:
  • Passed by Parliament.
  • Came into effect on 31 October 2019.
  • Bifurcated the state into:
    • Union Territory of Jammu & Kashmir (with legislature)
    • Union Territory of Ladakh (without legislature)

Consequences:

• Article 370 made inoperative.
• Article 35A annulled.
• J&K Constitution ceased to operate.
• All central laws extended to J&K and Ladakh.

J&K and Ladakh Post-2019

Union Territory of Jammu & Kashmir

• Has a Legislative Assembly.
• Similar structure to Delhi and Puducherry.
• Administered by Lieutenant Governor.

Union Territory of Ladakh

• No legislature.
• Administered directly by Lieutenant Governor.

Special Features of Reorganisation Act, 2019

Criticism and Support

Criticism

• Undermines federalism.
• Lack of state legislative consent.
• Lack of state legislative consent.

Support

• National integration.
• Equal laws and rights for all Indians.
• Equal laws and rights for all Indians.

Current Constitutional Position (Post-2019)

• J&K and Ladakh are UTs under Article 1 of the Constitution.
• All provisions of the Indian Constitution apply without exception.
• No special status remains.

Key Takeaways

• Article 370 granted autonomy to J&K.
• Article 35A provided special rights to permanent residents.
• Abrogated on 5 Aug 2019 by Presidential Order and J&K Reorganisation Act.
• State bifurcated into 2 UTs:
  • J&K (with legislature)
  • Ladakh (without legislature)
• All Indian laws and Constitution now apply in full to both UTs.

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