Special Status to Jammu & Kashmir: Art 370 Upsc

Jammu and Kashmir once had a Special status, by Jammu and Kashmir (J&K) Article 370. Jammu and Kashmir was a large princely state, where the British have given them the option of joining India or Pakistan or remaining independent.


But immediately after the independence in October 1947, Pakistan sent tribal infiltrators to capture Kashmir. This incident forced the Ruler of Kashmir, Hari Singh Maharaja to ask for Indian help and Kashmir has acceded to the Indian Union.

Many Muslim states in the Western and Eastern regions joined Pakistan but J&K was an exception. Of all these circumstances, J&K was given greater autonomy by the Indian Constitution.

Article 370

Accordingly, Article 370 was enacted. By this, the concurrence of the state was required to make any law in matters that are mentioned in the Union and Concurrent list. This was not the case for other states.

Other states have divisions of power such as state lists, concurrent lists, and Union lists. Also, in the case of J&K, the Union Government has only limited power and other powers listed in the Union and Concurrent list could be used only with the consent of the state government.

As a result, Article 370 gave greater Autonomy to J&K.

The President of India has issued two Constitutional orders in concurrence with the Jammu and Kashmir Government, making a large part of the constitution of India applicable to the state.

Even though Jammu and Kashmir had a separate constitution and flag, India’s Parliament’s power to enact laws on the subject in Union List was fully accepted. Another difference between J&K and the rest of India is that no emergency can be declared in J&K due to internal disturbances without the concurrence of the J&K government.

Also, Finacial Emergy and DPSP do not apply in the Autonomous state of J&K. Amendment to the Indian Constitution under Article 368, could not apply in concurrence with the government of J&K.

Current Status

Currently, Article 370 is abolished, by the Jammu and Kashmir reorganization Act 2019. Then Jammu and Kashmir are bifurcated into two Union Territories. The two new Union Territories are Jammu and Kashmir, and Ladakh.

The law came into effect on 31 October 2019.

* * All the Notes in this blog, are referred from Tamil Nadu State Board Books and Samacheer Kalvi Books. Kindly check with the original Tamil Nadu state board books and Ncert Books.