Article 370 of the Constitution

Article 370 created a special, asymmetrical constitutional relationship between Jammu and Kashmir and the Union of India. Jammu and Kashmir remained an integral part of India, but the application of Union legislative powers and other constitutional provisions to it was initially limited and could be expanded through a special procedure.

Constitutional foundation

Article 370 accommodated the terms of Jammu and Kashmir's accession while providing a mechanism for its progressive constitutional integration with India.

• Under Article 370(1), Article 1, which included Jammu and Kashmir within the territory of India, applied to the state.
• Parliament could legislate on matters corresponding to the Instrument of Accession after consultation with the state government.
• The President could extend other Union List, Concurrent List and constitutional provisions to the state with the state government's concurrence, subject to exceptions and modifications.

Nature of the special relationship

The arrangement combined Union membership with substantial constitutional autonomy, making Indian federalism asymmetrical.

• Jammu and Kashmir had its own Constitution, while its relationship with the Union continued to be governed by the Constitution of India as applied through Presidential Orders.
• Unlike other states, Parliament's legislative competence over matters beyond the Instrument of Accession depended upon the special procedure under Article 370.
• Under Article 370(3), the President could declare Article 370 inoperative or modify it, but the text required the recommendation of the state's Constituent Assembly.

Subsequent constitutional position

In 2019, Presidential Orders applied all provisions of the Constitution of India to Jammu and Kashmir and made Article 370 inoperative except in its substituted form. The Jammu and Kashmir Reorganisation Act, 2019 reorganised the former state into the Union territories of Jammu and Kashmir and Ladakh; the Supreme Court upheld the constitutional changes in In Re: Article 370 of the Constitution, 2023.

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