Article 370 Background and 2019 Abrogation | Kerala PSC Graduate

The topic of Article 370 Background and 2019 Abrogation is a crucial aspect of Indian polity, carrying significant weight in the Kerala PSC exam, as it encompasses the historical context, legal framework, and political developments surrounding the special status of Jammu and Kashmir, which was revoked on 5 August 2019, through the Constitution (Application to Jammu and Kashmir) Order, 2019, issued under Article 370.

Introduction to Article 370

Article Number	Part of the Constitution	Description
Article 370	Part XXI (Temporary, Transitional and Special Provisions)	Granted special autonomous status to the state of Jammu and Kashmir, allowing it to have its own constitution, flag, and laws, except in matters of defence, foreign affairs, and communications

Historical Background

• The Instrument of Accession of Jammu and Kashmir to India was signed on 26 October 1947 by Maharaja Hari Singh, marking the state’s accession to the Dominion of India.
• The Constitution of India came into effect on 26 January 1950, with Article 370 incorporated as a temporary provision to accommodate the special status of Jammu and Kashmir.
• The Jammu and Kashmir Constitution was adopted on 17 November 1956, which further defined the relationship between the state and the Union of India.

Supreme Court Judgments

Year	Case Name	Description
1961	Prem Nath Kaul v. State of Jammu and Kashmir	The Supreme Court upheld the validity of Article 370, stating that it was a temporary provision that could be repealed or amended by the President.
1973	Kesavananda Bharati v. State of Kerala	Although not directly related to Article 370, this landmark judgment established the doctrine of basic structure, which has been cited in subsequent cases related to the article.
2018	State Bank of India v. Santosh Kumar Gupta	The Supreme Court ruled that the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, would apply to Jammu and Kashmir, despite the state’s special status.

Constitutional Amendments

• The Constitution (Application to Jammu and Kashmir) Order, 1950, was issued under Article 370, applying various provisions of the Indian Constitution to the state.
• The Constitution (Jammu and Kashmir) Amendment Order, 1959, further extended the application of Indian laws to the state.
• The Constitution (Application to Jammu and Kashmir) Order, 2019, revoked the special status of Jammu and Kashmir, dividing the state into two Union Territories: Jammu and Kashmir, and Ladakh.

Key Players and Events

• Jawaharlal Nehru, the first Prime Minister of India, played a crucial role in the incorporation of Article 370 into the Indian Constitution.
• Sheikh Abdullah, the first Chief Minister of Jammu and Kashmir, was a key figure in the state’s accession to India and the drafting of its constitution.
• The Insurgency in Jammu and Kashmir, which began in the late 1980s, led to increased tensions between the state and the Union government, ultimately contributing to the abrogation of Article 370.

Abrogation of Article 370

• On 5 August 2019, the Government of India issued the Constitution (Application to Jammu and Kashmir) Order, 2019, revoking the special status of Jammu and Kashmir.
• The Jammu and Kashmir Reorganisation Act, 2019, was passed by the Indian Parliament, dividing the state into two Union Territories.
• The abrogation of Article 370 was met with widespread protests and criticism from various political parties and human rights organisations.

International Reaction

• The United Nations Secretary-General, António Guterres, expressed concern over the situation in Jammu and Kashmir, calling for restraint and dialogue.
• The European Union and the Organisation of Islamic Cooperation (OIC) also issued statements expressing concern over the developments in the region.
• Pakistan, which claims sovereignty over the entire region of Kashmir, strongly condemned the abrogation of Article 370, downgrading diplomatic ties with India.

Quick Recap for PSC

• Article 370 was incorporated into the Indian Constitution as a temporary provision in Part XXI (Temporary, Transitional and Special Provisions).
• The Instrument of Accession of Jammu and Kashmir to India was signed on 26 October 1947 by Maharaja Hari Singh.
• The Constitution of Jammu and Kashmir was adopted on 17 November 1956.
• The Supreme Court upheld the validity of Article 370 in the Prem Nath Kaul v. State of Jammu and Kashmir case (1961).
• The Constitution (Application to Jammu and Kashmir) Order, 2019, revoked the special status of Jammu and Kashmir on 5 August 2019.
• The Jammu and Kashmir Reorganisation Act, 2019, divided the state into two Union Territories: Jammu and Kashmir, and Ladakh.
• The abrogation of Article 370 was met with widespread protests and criticism from various political parties and human rights organisations.
• The United Nations Secretary-General, António Guterres, expressed concern over the situation in Jammu and Kashmir, calling for restraint and dialogue.