1.

Introduction

Article 370 of the Indian Constitution initially provided special status to the State of Jammu and Kashmir.
This special status was considered temporary, with the provision that the Constituent Assembly of
Jammu and Kashmir could modify, delete, or retain it. The temporary nature of Article 370 was linked to
the expectation of a plebiscite to determine the public's preference. However, recent debates have
emerged around the interpretation of its temporary status, with conflicting views from the Government
and the judiciary, asserting it to be a permanent provision. This article aims to explore the historical
context of Article 370 and its actual status within the framework of the Indian Constitution.

2. Background on Jammu and Kashmir

After India got freedom in 1947, the ruler of Jammu and Kashmir, Maharaja Hari Singh, initially wanted
his state to be independent. However, when Pakistan started a kind of unofficial war to free the region
where most people were Muslim, Maharaja Hari Singh sought help from India. India agreed to help, but
the condition was that Jammu and Kashmir would join India, and they signed a thing called the
Instrument of Accession.

While India was making its Constitution, important things happened in Jammu and Kashmir, like the
ruler saying they would create their own constitution and be temporarily governed by India's
Constitution until then. This arrangement, known as Article 370, was supposed to be temporary.

Jammu and Kashmir eventually got its own Constitution, making it unique compared to other states.
Still, during the transition, Article 370 continued to govern the relationship between the state and the
rest of India.

Back when India got independence in 1947, there was a law called the Indian Independence Act. It gave
princely states, including Jammu and Kashmir, three options: stay independent, join India, or join
Pakistan. Joining required signing something called the Instrument of Accession. India said any
disagreements about joining should be decided based on what the people wanted, not just what the
ruler said.

The initial idea for Article 370 came from the Government of Jammu and Kashmir. It was approved by
the Constituent Assembly. Even after joining India, there was a promise to hold a vote if certain
conditions were met. This promise and the idea of Jammu and Kashmir having its own constitution were
confirmed when Article 370 became a part of the Indian Constitution.

3. Article 370 of Indian Constitution

Article 370 of the Indian Constitution granted special autonomy to the State of Jammu and Kashmir. This
provision, categorized under "Temporary, Transitional and Special provisions" in Part XXI of the
Constitution, was added on October 17, 1949. It exempted Jammu and Kashmir from most of the Indian
Constitution's provisions, except for Article 1 and Article 370 itself, allowing the state to formulate its
own Constitution.

II. Special Provisions and Legislative Powers

III. Distinct Laws and Citizenship Rules

The citizens of Jammu and Kashmir lived under different laws compared to the rest of India, especially in
areas like citizenship, ownership, and Fundamental Rights. Non-permanent residents of the state, who
were not Indian citizens, faced restrictions on buying property in Jammu and Kashmir.

IV. Abolition of Special Status in 2019

In a significant development, the special status of Jammu and Kashmir was effectively revoked in August
2019 when Article 370 was scrapped. This marked a crucial turning point, met with limited opposition
internationally, with China and Pakistan being notable exceptions. Most nations refrained from openly
criticizing India's actions, focusing more on the humanitarian situation in the region.

V. Instrument of Accession and Historical Context

The Instrument of Accession (IoA) played a pivotal role in granting Jammu and Kashmir special
privileges. Formulated during the division of British India into India and Pakistan in 1947, the IoA allowed
the state certain autonomy within the broader framework of the Indian Constitution.

4. Salient features of Article 370 of Indian Constitution

1. The State of Jammu and Kashmir has its own different flag and Constitution.

2. The presidential rule cannot be imposed in the state, only the Governor’s rule can be
proclaimed. The Government of India cannot declare a financial emergency under Article 360 in
the state. Only a national emergency can be imposed in matters of external aggression or war.

3. The state has its own Criminal code titled as Ranbir Penal Code.

4. The citizens in the state have dual citizenship.

5. The term of other Indian state Legislators is 5 years whereas, for Kashmir, it was 6 years.

5. Temporary character of Article 370 of Indian Constitution

Article 370 in the Indian Constitution is a bit different from other rules. When it comes to applying
central laws in Jammu and Kashmir, the state government is only consulted. But for other matters, the
state government's agreement is a must, making a big difference between discussion at the beginning
and direct acceptance.

This article is found in Part XXI of the Constitution and is called temporary because the Constituent
Assembly of Jammu and Kashmir can change or remove it. The idea of temporary comes from the
Instrument of Accession, which was also temporary until a public vote (plebiscite) decided what the
people wanted. The courts have different opinions on whether Article 370 is really temporary or not.
Some courts say it's temporary, but in 2018, the Supreme Court said it's not really temporary, despite
what the title says. The Supreme Court also looked at past cases, like the one in 1959, and said that
Article 370's purpose is to decide how Jammu and Kashmir relates to the rest of India.

In another case in 1986, the Supreme Court said Article 370 can still be used even if Jammu and
Kashmir's Constituent Assembly is no longer there. The court also said it's not really a temporary rule;
it's more like a permanent one. They even said if it's a permanent part of our Constitution, it can't be
easily changed.

People argued a lot about Article 370. Some said it's not needed because it's supposed to be temporary.
Others said the government keeps using it for a reason. The Supreme Court explained that the word
"temporary" doesn't mean it's going away soon; it just means it's special. In 1962, they even added
"Special" to its title to make this clear.

Sardar Vallabhai Patel, an important leader, also called Article 370 a special rule for Jammu and Kashmir,
considering how the state and the rest of India are connected. They also said real temporary things in
the Constitution were things like giving special rights to certain groups, and these were initially
supposed to last for only 10 years. They even mentioned how English was once considered a temporary
language for government work. So, Article 370, despite being called temporary, is more like a
permanent rule in India's Constitution.

6. Revocation of Article 370

On August 5, 2019, the special status of Jammu and Kashmir changed when Article 370 became inactive
in India's Constitution. This meant the government revoked the unique provisions that applied to the
region.

Article 370 was initially temporary. It said that certain rules applied to Jammu and Kashmir, and others
could apply based on the President's order with the agreement of the Constituent Assembly of J&K.
However, for Article 370 to stop, the state's Constituent Assembly had to recommend it to the
President. Since the Constituent Assembly of Kashmir dissolved in 1957 without making such a
recommendation, the Indian Supreme Court decided Article 370 was permanent.

To address this, the government used the President's powers under Article 370(1) to indirectly change it
through Article 367. They added a new part to Article 367, stating that "Constituent Assembly" in Article
370(3) should now mean "Legislative Assembly of the State." This allowed the J&K Assembly to
recommend ending Article 370.

However, Jammu and Kashmir were under direct rule by the President at that time. So, Parliament,
under the modified Article 370(3), recommended its end. The Home Minister issued a resolution,
enabling the President to declare that Article 370 had stopped working.

As a result, Article 370 is no longer in operation in the Constitution.

7. Conclusion

Article 370 of the Indian Constitution initially granted special status to Jammu and Kashmir, allowing it
unique privileges and autonomy. Over time, debates arose about its temporary nature, and in 2019, the
government revoked its special status, rendering it inactive. This change, met with limited international
opposition, marked a significant shift in the historical dynamics of Jammu and Kashmir's relationship
with the rest of India.

The revocation of Article 370, accompanied by an amendment to Article 367, altered the constitutional
landscape, signaling the end of the special provisions. Despite initial debates on its temporary character,
the move solidified a new chapter, where Jammu and Kashmir no longer holds a distinct status under
Article 370 in the Indian Constitution.