सं Samvidhan

The Constitution of India

Article 370

Temporary provisions with respect to the State of Jammu and Kashmir

Why this exists

When the princely state of Jammu and Kashmir acceded to India in October 1947, its Maharaja signed an Instrument of Accession covering only defence, foreign affairs, and communications — not full integration like other states. Article 370 was drafted as a 'temporary' bridge: it preserved J&K's autonomy on most subjects, letting Parliament legislate further only with the State government's consent, pending a J&K Constituent Assembly that would decide the State's final constitutional relationship with India. The State's Constituent Assembly was dissolved in 1957 without recommending the article's repeal, leaving its long-term status legally contested for decades.

How courts read it

Courts initially treated Article 370 as a functioning, substantive part of the Constitution rather than a dead letter — in cases like Prem Nath Kaul v. State of J&K (1959) and Sampat Prakash v. State of J&K (1968), the Supreme Court examined the President's powers of modification under it. In State Bank of India v. Santosh Gupta (2016), the Court held that despite being titled 'temporary,' Article 370 had acquired a permanent character due to the dissolution of J&K's Constituent Assembly without recommending its removal. This changed dramatically when, in 2019, the President issued orders (under clause 1(d)) applying the entire Constitution to J&K and, with Parliament acting as a substitute for the State's concurrence during President's Rule, effectively nullified the special status; J&K was also reorganised into two Union Territories under a separate Act. This process was challenged, and in December 2023, in the case widely known as *In Re: Article 370 of the Constitution*, the Supreme Court upheld the abrogation, holding that Article 370 was always a temporary, transitional provision and that the President's actions were constitutionally valid.

Common misconceptions
  • Myth: Article 370 gave Jammu and Kashmir complete independence from India.
    Fact: J&K was fully part of India from 1947 onward; Article 370 only limited how much of the Indian Constitution and Parliament's laws automatically applied there, not India's sovereignty over the State.
  • Myth: Article 370 could never be removed because it was permanent.
    Fact: The article itself (clause 3) always contained a mechanism for the President to end it, and courts eventually held in 2023 that this mechanism was validly used in 2019.
  • Myth: Article 370 and Article 35A are the same provision.
    Fact: Article 35A was a separate provision added later by a Presidential Order under Article 370(1)(d); it dealt with defining 'permanent residents' and their special rights, and was removed alongside the 2019 changes.