Article 370 of the Indian constitution gave special status to Jammu and Kashmir – a state in India, located in the northern part of the Indian subcontinent, and a part of the larger region of Kashmir, which has been the subject of dispute between India, Pakistan, and China since 1947—allowing it to have a separate constitution,
The article was drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions.The Constituent Assembly of Jammu and Kashmir, after its establishment, was empowered to recommend the articles of the Indian constitution that should be applied to the state or to abrogate the Article 370 altogether.
Article 370 acknowledges the special status of the state of Jammu and Kashmir in terms of autonomy and its ability to formulate laws for the state’s permanent residents.[note 6] In the 1954 Presidential order, among other things, the Fundamental Rights in the Indian Constitution were made applicable to Kashmir with exceptions. Later amendments, states Cottrell, modified the applicability of basic human rights in the Indian Constitution to permanent residents of Jammu and Kashmir.The state legislature further modified these, as well as added “preventive detention laws” that it exempted from human rights challenges for twenty-five years. Further, the state gave special privileges to the permanent residents in matters such as residence, property, education and government jobs, which were unavailable to others.Article 35A of the Indian constitution gave provision to state laws that defined their human rights in these matters from any constitutional challenges.
This article, along with Article 35A, defined that the Jammu and Kashmir state’s residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to resident of other Indian states. As a result of this provision, Indian citizens from other states could not purchase land or property in Jammu & Kashmir.
On 5 August 2019, President Ram Nath Kovind issued a constitutional order revoking the 1954 order, and making all the provisions of the Indian constitution applicable to Jammu and Kashmir. Following resolutions passed in both the houses of Parliament, he issued a further order on 6 August declaring all the clauses of Article 370 to be inoperative.
In addition, the Jammu and Kashmir Reorganisation Act was passed in both the houses of Parliament, enacting the division the state of Jammu and Kashmir into two union territories to be called Jammu and Kashmir and Ladakh.
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