Why in news?

As Chief Minister Omar Abdullah brought a resolution seeking immediate restoration of statehood for Jammu and Kashmir in the Assembly recently, several amendments were moved — some seeking the inclusion of Articles 370 and 35A, as they existed before August 5, 2019.

These amendments were later withdrawn, but they brought renewed attention to the constitutional provisions that have shaped J&K's status within India.

What’s in Today’s Article?

• What Was Article 370?
• How Article 370 Came Into Being?
• The Delhi Agreement of 1952
• What Was Article 35A?
• How Article 370 Was Abrogated?

What Was Article 370?

• Article 370 provided special status to Jammu and Kashmir, ensuring Parliament could legislate on only three subjects in relation to the state: Defence; Foreign relations; Communication.
• These were the exact subjects mentioned in the Instrument of Accession that made the princely state part of India.
• J&K was allowed its own constitution, standing apart from other states.
• Only Article 1 (defining India's territory) and Article 370 itself applied to the state, beyond the extension of subjects under those three heads.

How Article 370 Came Into Being?

• The Accession Crisis (1947): After Raja Hari Singh, ruler of J&K, tried to remain independent amid Partition, Pakistan — claiming the province due to its Muslim-majority population — sent irregular troops (Kabailis) to capture Kashmir in October 1947.
  • A worried Hari Singh signed the Instrument of Accession on October 26, 1947, after which Indian soldiers began repelling the invaders.
• UN Involvement: India took the matter to the UN Security Council in January 1948. The UN Commission for India and Pakistan (UNCIP) mediated a ceasefire.
  • UNSC Resolution 47 called for both sides to demilitarise so a plebiscite could determine the wishes of J&K's people.
  • Since demilitarisation never happened, this resolution remained a dead letter.
• Constitutional Adoption: Article 370 was adopted by the Constituent Assembly on October 17, 1949.
  • Drafting Committee member N. Gopalaswami Ayyangar explained that the state was "not yet ripe" for full integration, citing ongoing UN entanglement and parts of the state still being "in the hands of rebels and enemies."
• Restrictions under Article 370: Outsiders required a permit to visit the state and were barred from buying land there.

The Delhi Agreement of 1952

• Later, the then Nehru government and the J&K government signed the Delhi Agreement in July 1952, under which the state:
  • Accepted the jurisdiction of the Supreme Court.
  • Accepted the supremacy of the Indian flag (though the state flag remained in use too).
  • Accepted the President's power to declare Emergency under Article 352 — but only with the state's concurrence, in case of internal disturbances.

What Was Article 35A?

• A Presidential Order in 1954, issued under Article 370's authority, added Article 35A to the Constitution as an annexure (Appendix 1) to the official text.
  • Article 35A flowed from Article 370.
  • It empowered the J&K Assembly to define who qualified as a "permanent resident" of the state.
  • It extended special rights to such residents — including the right to own property and access to government jobs and scholarships.

How Article 370 Was Abrogated?

• On August 5, 2019, the government rendered Article 370 inoperative through the Constitution (Application to Jammu and Kashmir) Order, 2019, which superseded the 1954 Order.
• This nullified J&K's separate constitution and extended all provisions of the Indian Constitution to the state.
• The Legal Mechanism Used
  • The government invoked Clause 3 of Article 370, which allows the President to declare the article inoperative — but requires the "recommendation of the Constituent Assembly of the State".
  • Since J&K's constituent assembly no longer existed, the President instead used Clause 1 of Article 370, which empowers the President to modify the Constitution's application to J&K.
  • To achieve this, the phrase "Constituent Assembly of the State" in Article 367 was replaced with "Legislative Assembly of the State."
  • Since the state's Legislative Assembly was suspended at the time (the state was under President's Rule after the BJP-PDP alliance collapsed), the order specified that any reference to the Legislative Assembly would mean a reference to the Governor of Jammu and Kashmir — a central appointee.
• Judicial Validation: The Supreme Court upheld this abrogation in 2023, holding that Article 370 was meant to enhance integration between the Indian Union and J&K, not cause disintegration.

Conclusion

J&K's constitutional journey has never stood still — from a special-status accession meant to be temporary, through decades of gradual integration via agreements like Delhi 1952, to complete abrogation using the very machinery Article 370 itself provided.

The current statehood demand, and the withdrawn push to restore Articles 370 and 35A, shows this evolution is still being contested — now in the Assembly rather than through arms or ordinances.