Article 370 has remained a stumbling block for integration of J & K with rest of India and needs to be understood by all of us.

1. AN INITIATIVE OF SHIVNANDANI INDUSTRIES PVT LTD AND JAGDAMB JANAKI NAWAL JANAKI
SOCIETY
Article 370
CompiledbyCol Mukteshwar Prasad(Retd), MTech,CE(I),FIE(I),FIETE,FISLE,FInstOD,AMCSI
Contact -9007224278, e-mail –muktesh_prasad@yahoo.co.in for book”DecodingServicesSelection
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2. Article 370 of the Constitution of India
Temporary Provisions with respect to the State of Jammu & Kashmir
1. Notwithstanding anything in this constitution:
(a) The provisions of Article 238 shall not apply in relation to the State of Jammu & Kashmir.
(b) The power of Parliament to make laws for the said state shall be limited to
(i) those matters in the Union List and the Concurrent List which in consultation with the
Government of the State, are declared by the President to correspond to matters specified in the
Instrument of Accession governing the accession of State to the Dominion of India as the matters
with respect to which the Dominion Legislature may make laws for that State and
(ii) Such other matters in the Said Lists as, with the concurrence of the Govt of the State,
the President may, by order specify.
1. Explanation. For the purposes of this Article, the Govt of the State means the person for the
time being recognized by the President as Maharaja of Jammu & Kashmir acting on the advice of
the council of Ministers for the time being in office under the Maharaja’s Proclamation dated the
fifty day of March 1948.
(c) The provisions of Article (1) and of this Article shall apply in relation to this State;
(d) Such of the other provisions of this Constitution shall apply in relation to that State Subject to
such exceptions and modifications as the President may by order specify;
Provided that no such order which related to the matters specified in the Instrument of Accession
of the State referred to in paragraph (i) of sub clause (1) shall be issued except in consultation
with the govt of the State.
Provided further that no such order which relates to matters other than those referred to in the
last proceeding proviso shall be issued except with the concurrence of the Govt of the State.
(2) If the concurrence of the Govt of the State referred to in para (ii) of Sub Clause (b) of Clause
(1) be given before the Constituent Assembly for the purpose of framing the Constitution of the
State is concerned. It shall be placed before such Assembly for such decision as it may take
thereon.
(3) Notwithstanding the anything in the foregoing provisions of the article, the President may, by
public notification, declare that this Article shall cease to be operative or shall be operative only
with such exceptions and modifications and from such date as he may notify.
Provided that the recommendation of the Constituent Assembly of the State referred to in Clause
(2) shall be necessary before the President issues such a notification.

3. Implications
This article specifies that the states must concur in the application of laws, except those that
pertain to Communications, Defence, Finance, and Foreign Affairs.
Similar protections for unique status exist in tribal areas of India including those in Himachal
Pradesh, Arunachal Pradesh, Andaman & Nicobar Islands and Nagaland. Government of India
vide 1974 Indira-Sheikh accord committed itself to keeping the relationship between the Union
and Jammu and Kashmir State within the ambit of this article and stated, "The State of Jammu
and Kashmir which is a constituent unit of the Union of India, shall, in its relation with the
Union, continue to be governed by Article 370 of the Constitution of India".
In notifications issued as far back as 1927 and 1932, the state created various categories of
residents – with some being called permanent residents (PRs) with special rights. Though the law
did not discriminate between female and male PRs, an administrative rule made it clear that
women could remain PRs only till marriage. After that they had to seek a fresh right to remain
PRs. And if a woman married someone who wasn’t a Kashmiri PR, she automatically lost her
own PR status. But a 2002 high court ruling made it clear that a woman will remain a PR even
after marriage to a non-PR, and enjoy all the rights of a PR. A People's Democratic Party
government, led by Mehbooba Mufti, passed a law to overturn the court judgment by introducing
a Bill styled “Permanent Residents (Disqualification) Bill, 2004’. This was not Mufti’s solo
effort. Omar Abdullah’s party, the National Conference, backed this Bill and got it passed in the
lower house of the assembly. But it did not ultimately see the light of day for various reasons.
Some argue that the President may, by public notification under article 370(3), declare that
Article 370 shall cease to be operative and no recommendation of the Constituent Assembly is
needed as it does not exist any longer. Others say it can be amended by an amendment Act under
Article 368 of the Constitution and the amendment extended under Article 370(1). Art. 147 of
the Constitution of Jammu and Kashmir states no Bill or amendment seeking to make any
change in the provisions of the constitution of India as applicable in relation to the State; shall be
introduced or moved in either house of the Legislature. As per Art. 5 of the Constitution of
Jammu and Kashmir the executive and legislative power of the State extends to all matters
except those with respect to which Parliament has power to make laws for the State under the
provisions of the Constitution of India as applicable in relation to this state.]
Constitution of Jammu And Kashmir
Preamble and Article 3 of Part 2 of the Constitution of Jammu and Kashmir states that the State
of Jammu and Kashmir is and shall be an integral part of the Union of India. Article 5 states that
the executive and legislative power of the State does not extend to matters except those with
respect to which Parliament has power to make laws for the State under the provisions of the
Constitution of India. These provisions cannot be amended. The constitution was adopted and
enacted on 17 November 1956.

4. "WE, THE PEOPLE OF THE STATE OF JAMMU AND KASHMIR,
having solemnly resolved, in pursuance of the accession of this State to India which took place on the twenty
sixth day of October, 1947, to further define the existing relationship of the State with the Union of India as
an integral part thereof, and to secure to ourselves-
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among us all;
FRATERNITY assuring the dignity of the individual and the unity of the nation;
IN OUR CONSTITUENT ASSEMBLY this seventeenth day of November, 1956, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."
Applicability of the Constitution of India to J&K
In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President,
with the concurrence of the Government of the State of Jammu and Kashmir made The
Constitution (Application to Jammu and Kashmir) Order, 1950 which came into force on 26 Jan
1950 and was later superseded by the Constitution (Application to Jammu and Kashmir) Order,
1954 which came into force on 14 May 1954.
Applicability of Central Acts to J&K
Acts passed by Indian Parliament have been extended to Jammu & Kashmir over a period of
time.
 All India Services Act
 Border Security Force Act
 Central Vigilance Commission Act
 Essential Commodities Act
 Haj Committee Act
 Income Tax Act
 The Central Laws (Extension To Jammu And Kashmir ) Act, 1956
 The Central Laws (Extension To Jammu And Kashmir ) Act, 1968
Claims of Non Applicability of Central Acts
Non applicability of National Human Rights Commission (NHRC) Act by claiming recourse to
Article 370 was set aside in 2010
Demands for abrogation

5. There has been demand by BJP and RSS for abrogation of Article 370. Congress leader Karan
Singh, son of Maharaja Hari Singh, has also opined that an integral review of Article 370 is
overdue and needs cooperation not confrontation.