What is article 370 of Indian constitution? The most controversial question asked and the answer to it is that Article 370 under part XXI of the Constitution was a pivotal provision that granted special status to the state of Jammu and Kashmir. Enacted in 1950, this article provided the region with a unique legal and constitutional framework, allowing it to maintain a high degree of autonomy. The state could have its own constitution, flag, and authority over most subjects—excluding defense, foreign affairs, and communications.

Originally intended as a temporary measure, article of 370 aimed to accommodate the distinct political situation arising from the state's Instrument of Accession in 1947. It remained a source of political debate and constitutional interpretation for decades.

Article 370 of Indian Constitution

Temporary provisions with respect to the State of Jammu and Kashmir

(1)Notwithstanding anything in this Constitution,-

(a)the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;

(b)the power of Parliament to make laws for the said State shall be limited to-

(i)those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and

(ii)such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.

Explanation.--For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja's Proclamation dated the fifth day of March, 1948;

(c)the provisions of article 1 and of this article shall apply in relation to that State;

(d)such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify:

Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State:

Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.

(2)If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.

(3)Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:

Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Free Download 5 Key takeaways on Article 370 of Indian Constitution PDF

Let’s break down the major elements and find out the key aspects and simplified interpretation relating to Article 370 of the Indian Constitution :

• Special Status: Jammu and Kashmir enjoyed a distinct constitutional identity, unlike any other Indian state.
• Autonomy: The state exercised legislative power over all subjects except defense, foreign affairs, and communications.
• Constituent Assembly: The provision allowed for a state-specific assembly to draft its own constitution.
• Temporary Provision: Initially labeled as a temporary arrangement, the article aimed to finalize Jammu and Kashmir’s accession terms .
• Abrogation : On August 5, 2019, the Indian Government officially revoked Article 370 Constitution, eliminating the state’s special status .

Article 370 of Indian Constitution : Historical Context

The background of Article 370 in Constitution traces back to the Instrument of Accession, signed by the Maharaja of Jammu and Kashmir in October 1947. Through this the princely state joined the Dominion of India under specific conditions, retaining internal autonomy .

The historical context framed the article as a legal safeguard to ensure that Jammu and Kashmir’s unique identity was preserved during integration. Over the years, however, art 370 became a constitutional anomaly—seen by some as necessary and by others as an obstacle to national integration.

The Article 370 abrogation marked a bold political shift . It redefined the Centre-State relationship dissolving the special privileges granted to Jammu and Kashmir . The 2019 move triggered both celebrations and protests across India.

Proponents of abrogation argued it paved the way for equality and integration, while critics voiced concerns over federalism, democratic consent, and constitutional morality. Regardless of perspective, the revocation of article 370 of the Indian Constitution marked one of the most important legal milestones in independent India.

Article 370 of Indian Constitution: Developments Post-Abrogation

On August 5, 2019, the President of India issued C.O. 272, revoking earlier special orders and making the entire Constitution applicable to Jammu and Kashmir. A day later, C.O. 273 rendered Article of 370 inoperative—except for clause (1).

Parliament passed the Jammu and Kashmir Reorganisation Act, 2019, restructuring the state into two Union Territories:

• Jammu and Kashmir with a legislature
• Ladakh without a legislature

This legal reorganization stripped the state of its residency-based privileges and integrated it fully into the Union.

Article 370 of Indian Constitution: Landmark Cases 

These judgments have clarified the scope, application and significance of Article 370 in the legal structure of India . Some of the most important and influential cases include:

Puranlal Lakhanpal v. President of India (1961)

Under Article 370 Supreme Court upheld the President’s authority to issue orders under Article 370 for applying constitutional provisions to Jammu and Kashmir. The Court ruled that such changes did not require Parliament’s approval, confirming the broad discretionary powers granted to the President under Article 370(1)(d).

Sampat Prakash v. State of Jammu and Kashmir (1968)

In this case, the Court declared that Article 370 in simple words had not lapsed despite being called a “temporary provision.” It clarified that the article would remain valid until the President officially declared it inoperative, with the recommendation of the state’s Constituent Assembly.

State Bank of India v. Santosh Gupta (2016)

The Court ruled that central laws, such as the SARFAESI Act, could be applied to Jammu and Kashmir through Presidential Orders issued under Article 370 act. This judgment reduced the state’s exclusive autonomy and reaffirmed that central economic and legal reforms extended to J&K.

In Re: Article 370 (2023)

This landmark judgment upheld the abrogation of Article 370. The Supreme Court ruled that Article 370 in Constitution was a temporary provision and the government followed a valid legal process in its removal. The Court endorsed the reorganization of Jammu and Kashmir into two Union Territories.

Conclusion

Article 370 of Indian Constitution was originally conceived as a transitional mechanism, a legal bridge between accession and full integration. Over the decades, it evolved into a symbol of political division—perceived as both a protector of regional identity and a barrier to national unity.

Article 370 abrogated in 2019 has permanently altered the constitutional landscape of India. While it ensures uniform governance, it also raises ongoing questions about federal values, minority rights, and centre-state relations.

The story of article 370 states not just about law—it is about the dynamic negotiation between identity and sovereignty. As such, it will continue to shape India's democratic journey in the years ahead.