Article 370

Article 370 of the Constitution of India



Article 370 of the Indian constitution[a] gave special status to Jammu and Kashmir, a region located in the northern part of the Indian subcontinent and part of the larger region of Kashmir which has been the subject of a dispute between India, Pakistan and China since 1947.[4][5] Jammu and Kashmir was administered by India as a state from 17 November 1952 to 31 October 2019, and Article 370 conferred on it the power to have a separate constitution, a state flag, and autonomy of internal administration.[6][7]


Map of the British Raj. The princely states are in yellow.


The territory of the princely state of Jammu and Kashmir is now jointly administered by Pakistan, India and China, shown here in shades of green, yellow and brown respectively.


Article 370 of the Indian Constitution was a temporary provision granting special autonomy to the state of Jammu and Kashmir. It came into effect in 1949 and allowed Jammu and Kashmir to have its own constitution and decision-making authority, except in matters related to defense, communications, and foreign affairs, which remained under the jurisdiction of the Indian government.


Key points about Article 370:


1.Temporary Provision: Article 370 was meant to be a temporary provision, allowing the state of Jammu and Kashmir to have a unique status for a specified period.


2.Special Autonomy: Jammu and Kashmir had its own constitution and flag. The state had a significant degree of autonomy in making laws, and Indian citizens from other states did not have the same property rights or privileges in Jammu and Kashmir.


3.Modification and Abrogation: While Article 370 specified that it could be amended or repealed, any changes required the agreement of the Constituent Assembly of Jammu and Kashmir. However, the Constituent Assembly dissolved in 1957, and the mechanism for making changes became a subject of legal and constitutional debate.


4.Revocation in 2019: In August 2019, the Government of India, through a presidential order and a subsequent resolution passed in Parliament, abrogated Article 370. This move was accompanied by the reorganization of the state into two union territories – Jammu & Kashmir and Ladakh.


5.Controversies and Debates: The abrogation of Article 370 sparked various opinions and debates regarding the legal, political, and socio-economic implications of the move. It remains a subject of discussion in India.


It's important to note that the information provided here reflects the status as of my knowledge cutoff in January 2022, and there might have been further developments since then.

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