ARTICLE 370 AND 35(A) (Syllabus: GS Paper 2 – Polity)

Context: The Prime Minister of India highlighted the Parliament's five-year-old decision to abrogate Articles 370 and 35(A) as a pivotal moment, marking the start of a new era of progress and prosperity in Jammu and Kashmir and Ladakh.

Article 370

• Introduction: Article 370, established in October 1949, granted Kashmir autonomy in internal matters, allowing it to establish regulations in all areas except foreign affairs, finance, defense, and communications.
• State Provisions: Kashmir created its own constitution and flag and restricted property rights for outsiders.
• Purposes of Article 370: Served as a temporary measure until the state's constituent assembly was formed and could decide on legislative matters beyond the Instrument of Accession.
• Article 35A: It allowed the Jammu and Kashmir Legislature to define 'permanent residents' and grant them special rights and privileges, such as in public sector jobs and property acquisition.
• Historical Context

oInstrument of Accession: Allowed Kashmir to maintain its constitution, flag, and criminal code as part of its accession to India.

oPolitical Changes: Kashmir had its own Prime Minister and President until 1953 when New Delhi removed Prime Minister Sheikh Abdullah and abolished the position.

oRemoval of Article 370: On 5 August 2019, the Government of India revoked the special status, or autonomy, granted under Article 370 and also Article 35A of the Indian Constitution to Jammu and Kashmir.

Supreme Court Judgment on Article 370

• Internal Sovereignty: Post-accession, the erstwhile J&K did not possess internal sovereignty distinct from other Indian states.
• Validity: The presidential order to abrogate Article 370 is deemed valid.
• Temporary Provision: Article 370 was intended as a temporary provision; the J&K Constituent Assembly was not meant to be permanent.
• Ladakh and Jammu & Kashmir: The creation of the Union Territory of Ladakh was upheld; no need to review the UT status of Jammu & Kashmir as it was considered temporary.