Article 370 Explained
Article 370 Explained: History, Verdict, and What Changed
If you’ve tried to follow Article 370 debates, you’ve seen sharp opinions on both sides and very few plain answers. Here’s the thing: the story starts with a ruler’s decision during a violent invasion in 1947, runs through a special constitutional arrangement, and then pivots in August 2019 when the Union government changed the framework using two Presidential Orders and a new law. In December 2023, the Supreme Court issued a unanimous verdict on those changes. And in 2024, Jammu and Kashmir held the first assembly election in a decade, forming a new government under Union Territory status.
This guide keeps it simple without dumbing it down. You’ll see direct attributions like “the Supreme Court’s December 2023 judgment” and “the Election Commission’s October 2024 notes,” so you know exactly who said what. We’ll cover the Instrument of Accession, Article 35A, the role of CO 272 and CO 273, the Jammu and Kashmir Reorganisation Act, the court’s findings, and what’s changed in everyday rules on domicile, land, and internet restrictions.
If you’re here for clarity, you’ll get it. By the end, you’ll be able to explain why Article 370 existed, how it became inoperative in 2019, what the Court confirmed in 2023, what voters decided in 2024, and what the data says on security and investment. You’ll also see the big open question: when and how full statehood is restored, a step the Court encouraged and that regional leaders continue to press.
What is Article 370 and Why It Existed
Article 370 was drafted as a “temporary provision” to manage the accession of Jammu and Kashmir in the middle of conflict. According to the Government of India’s White Paper record and the Instrument of Accession signed by Maharaja Hari Singh in late October 1947, the erstwhile princely state acceded on subjects including defence, foreign affairs, and communications. Article 370 then set the constitutional method for applying provisions of the Indian Constitution to the state over time.
According to the Ministry of Law’s 1954 Constitution (Application to Jammu and Kashmir) Order, Article 35A entered the Constitution through that Presidential Order. Article 35A empowered the state legislature to define “permanent residents” and to confer specific rights and privileges—such as land ownership and certain forms of public employment—on those residents. Over the years, numerous Presidential Orders extended more provisions of the Indian Constitution to the state, shrinking the practical gap between Jammu and Kashmir and other states even before 2019.
Multiple primary documents show the architecture clearly: the 1947 Instrument of Accession, the 1954 Presidential Order, and the state’s own Constitution of 1957. These set a layered system under which Parliament’s legislative reach expanded via successive Presidential Orders, but the state maintained a distinct legal profile in key areas such as residency and land.
The Instrument Of Accession And Early Autonomy
The Government of India’s archival references to the White Paper and contemporary compilations record that the Instrument of Accession was accepted by the Governor-General the day after it was signed. That acceptance framed the initial division of powers and provided the legal basis for Indian troops to be sent to the state. The early autonomy was thus anchored in both the accession terms and the constitutional drafting that followed.
How Article 35A Entered The Constitution
The Ministry of Law’s May 1954 Presidential Order introduced Article 35A using the mechanism in Article 370. That order also extended large parts of the Constitution to the state. The specific clause empowering the state legislature to define “permanent residents” had far-reaching effects on who could own land and hold certain public jobs.
The Constitutional Architecture Before 2019
By 2019, successive orders had already applied most of the Indian Constitution to the state, but the residency and land rules remained distinct. The state’s Constitution and separate flag had symbolic and practical weight. All of this set the stage for the 2019 changes, which used the same Article 370 mechanism to take the opposite direction.
The 2019 Abrogation: What Changed and How
The changes in August 2019 followed two Presidential Orders and a new statute. According to the Constitution (Application to Jammu and Kashmir) Order, 2019—widely referred to as CO 272—the President applied all provisions of the Indian Constitution to the state, altering the interpretive rule in Article 367 to enable action under Article 370 without the now-defunct state Constituent Assembly. Hours later, the Rajya Sabha recommended ending Article 370’s operation. The next day, according to the President’s Proclamation designated CO 273, all clauses of Article 370 ceased to operate except a modified clause stating the Constitution of India applies wholly.
On the legislative side, according to PRS Legislative Research’s summary and the text of the Jammu and Kashmir Reorganisation Act, 2019, Parliament reorganised the former state into two Union Territories: Jammu and Kashmir (with a legislative assembly) and Ladakh (without a legislative assembly). The appointed day for this reorganisation was later notified, and administrative transitions followed.
The 2019 method matters. The sequence—CO 272, parliamentary recommendation, CO 273, and the Reorganisation Act—was central to later court challenges. It also had immediate real-world effects: the end of the state’s separate constitution, movement of residuary powers, and a new two-UT map replacing the former state.
CO 272 And The Path To Amending Article 370
CO 272 used Article 370(1) to apply the entire Constitution to the state and modified Article 367 for interpretive purposes, a legal bridge that enabled the next step under Article 370(3). This approach would later be tested before the Supreme Court.
CO 273 And Making Article 370 Inoperative
CO 273, issued the next day, declared that Article 370 would cease to operate, with a residual clause affirming full application of the Constitution of India. The text of CO 273 specifically states that all clauses of Article 370 would cease, except for the revised clause making the all-India Constitution fully applicable.
The J&K Reorganisation Act And Union Territories
PRS Legislative Research’s brief and the statute’s text show the new arrangement: Jammu and Kashmir became a Union Territory with a legislature; Ladakh became a Union Territory without a legislature. The law also addressed representation, service matters, and transition of institutions. This legal change took effect later that year.
Legal challenged And The Supreme Court’s 2023 Verdict
Multiple petitions contested both the process and substance of the 2019 actions. According to the Supreme Court’s December 2023 judgment, a five-judge bench unanimously upheld the Union government’s moves under Article 370, treating Article 370 as a temporary provision and concluding that the process followed engaged Parliament during President’s Rule.
Petitioners’ Core Arguments And The Case Track
Petitioners argued, among other points, that the President could not act under Article 370(3) without a recommendation from the now-nonexistent state Constituent Assembly, and that the reorganisation into two Union Territories was unconstitutional. The matter was referred to a Constitution Bench, and hearings concluded before the December 2023 verdict.
What The Supreme Court Held In December 2023
The Court held that Article 370 was always temporary and that the President’s power under Article 370(3) could be exercised. It rejected the claim that the move was a purely executive act, noting parliamentary participation. The Court upheld the creation of the Union Territory of Ladakh and took the Union’s statement on restoring Jammu and Kashmir’s statehood at face value.
Directions On Elections And Statehood
The Court directed that assembly elections in Jammu and Kashmir be held within a specified timeline in 2024 and recorded the Union’s position that statehood would be restored as soon as possible. This direction set the stage for the 2024 polls.
Political Reorganisation And The 2024 Assembly Elections
Union Territory status changed governance but did not freeze politics. According to Election Commission and Press Information Bureau notes, delimitation preceded the return to polls, with 90 assembly seats notified and reservations for Scheduled Castes and Scheduled Tribes. In September–October 2024, Jammu and Kashmir voted in three phases, and the Commission reported a total turnout above sixty percent at polling stations across phases.
Governance As A Union Territory
Under the Reorganisation Act, Jammu and Kashmir functions as a Union Territory with a legislative assembly, while Ladakh functions without one. The Lieutenant Governor holds significant administrative powers, and the division of subjects reflects Union Territory arrangements seen elsewhere, but with local legislation possible in areas permitted by law.
Delimitation 2022 And New Seat Map
According to the Delimitation Commission’s May 2022 order and subsequent notifications, the assembly now has 90 seats, with seven reserved for Scheduled Castes and, for the first time, nine reserved for Scheduled Tribes. The Commission also equalised parliamentary constituencies to contain the same number of assembly segments, which reshaped a few long-standing regional boundaries.
The 2024 Elections And Government Formation
According to the Election Commission’s and PIB’s October 2024 updates, voter turnout at polling stations across all phases cumulatively crossed sixty percent, with the final phase touching nearly seventy percent. Reputable national and international outlets reported the results: the National Conference won the most seats, the Bharatiya Janata Party secured strong numbers in Jammu-region constituencies, and the National Conference and Congress together had a working majority. According to Indian Express and other national dailies, Omar Abdullah was sworn in as Chief Minister on October 16, 2024, becoming the first Chief Minister of the Union Territory era. Through 2025, public statements from the new leadership continued to press for restoration of full statehood, aligning with the Supreme Court’s encouragement to do so “as soon as possible.”
Rights, Laws and Daily Life After 2019
The 2019 reset changed several day-to-day rules. According to the Ministry of Law’s October 2020 notifications and national coverage, land laws were amended so that any Indian citizen could purchase certain types of land in Jammu and Kashmir, subject to restrictions on agricultural land. According to Ministry of Home Affairs replies and press briefings, domicile rules were introduced in 2020 to define eligibility for local residency benefits, with millions of certificates issued.
Domicile Rules 2020: Who Qualifies
According to the Ministry of Home Affairs’ 2020 and 2021 briefings, the Jammu and Kashmir Grant of Domicile Certificate Rules provide eligibility for long-term residents, including those who have studied in the region and Central government employees (and their families) meeting specified service durations. The Ministry reported that by the end of 2020, over thirty lakh domicile certificates had been issued, largely to existing permanent residents and their dependents, with later tallies indicating additional issuances over the next years.
Land Laws 2020: What Non-Residents Can Buy
According to notifications reported in October 2020, non-residents can purchase non-agricultural land in the Union Territory under the amended legal framework. Agricultural land retains protections, and conversions are regulated. These changes sparked intense political debate but also aimed to attract investment under new industrial policies.
Internet And Communication: The Anuradha Bhasin Principles
According to the Supreme Court’s January 2020 judgment in Anuradha Bhasin v. Union of India, indefinite internet shutdowns are impermissible, restrictions must pass the proportionality test, and orders should be published and periodically reviewed. This judgment arose from challenges to restrictions imposed after August 2019 and set a nationwide baseline for future curbs.
Security, Economy, And Investments: What The Data Shows
Security trends and investment signals after 2019 aren’t one-note; some metrics improved while new threats emerged. According to the Ministry of Home Affairs’ annual reports and parliamentary replies, terrorism-related incidents have generally declined over the past decade compared with earlier peaks, even as targeted attacks and high-profile incidents periodically test the security environment. According to the U.S. State Department’s Country Reports on Terrorism 2023, Jammu and Kashmir saw dozens of terrorism-related incidents that year, with fatalities affecting militants, security personnel, and civilians, underscoring a persistent but changing threat profile.
On the economy, according to Press Information Bureau releases and state updates, the Union Territory pursued an industrial policy beginning in 2021, invited proposals under a central incentive scheme, and reported investments on the ground in the low-thousands of crores by 2023. Officials and local media have since reported rising proposals, with the caveat that proposals and actual commissioned projects are not the same. Tourism officials and media coverage through 2024 highlighted high footfall seasons and significant hotel pipeline interest, but security events can quickly affect bookings, reminding observers that improvements are contingent.
Security Trends Since 2019
According to the Ministry of Home Affairs’ 2023–2025 briefings and year-end reviews, incident counts and fatalities have trended downward from mid-2000s highs, though spikes still occur. Independent trackers and academic analyses note the persistence of cross-border facilitation and sporadic attacks alongside intensified counter-terror operations.
Investment Intent Versus Projects On The Ground
According to PIB data and business reporting, investment intent climbed sharply with the 2021 policy and central incentives. Figures cited for proposals are large, while “on-ground” commissioned investments are a subset and vary by year. Land allotment policy changes in 2024 aimed to accelerate large projects, but execution timelines remain the true test.
Tourism And Infrastructure Signals
Tourism rebounds—measured by seasonal peaks and event calendars—have been cited by local authorities as a positive signal. New road, rail, and health infrastructure projects continue under Union and UT budgets, and election-time turnout levels in 2024 suggested broad participation in many districts. Still, authorities’ decisions to temporarily restrict areas after major incidents show how quickly risk can reprice tourism and logistics.
The Road Ahead
Three threads will shape the next phase: how the reserved-seat map affects representation, when and how statehood is restored, and how security and investment cycles interact with everyday governance.
Representation After Reserved Seats
According to the Delimitation Commission’s final order and Election Commission notes, the assembly now has 90 seats, with seven reserved for Scheduled Castes and nine for Scheduled Tribes for the first time. This change has increased representation for historically under-represented communities. The equalisation of parliamentary constituencies by assembly segment count also reshaped political calculus in several districts.
Restoring Statehood: Legal And Political Paths
According to the Supreme Court’s December 2023 judgment, the Union government stated that statehood for Jammu and Kashmir would be restored as soon as possible. Regional leaders continued to press for a timeline through 2024 and 2025. The legal path is straightforward—Parliament can amend the Reorganisation Act and notify restoration—but the political path depends on security assessments, administrative readiness, and national legislative priorities.
What To Watch In 2025 And Beyond
Watch three things: periodic security assessments after major incidents; the pace at which investment proposals convert into factories, warehouses, and jobs; and formal steps toward statehood, including cabinet notes, bill listings, or official statements that move beyond intent. The 2024 election re-started representative politics at the assembly level. The next milestone is not just another vote, but a concrete step toward full statehood.