Special Position of Jammu & Kashmir

“Jammu & Kashmir had a unique constitutional status under Article 370, granting it special autonomy within the Indian Union. However, this special status was abrogated in 2019 leading to significant changes in its political and administrative structure.”

Article 370 and Special Autonomy

Article 370 of the Indian Constitution provided Jammu & Kashmir with a special autonomous status, allowing it to have its own constitution, flag, and internal governance, except in matters of defense, foreign affairs, and communications.

  • J&K had its own Constitution adopted in 1956.
  • The Indian Parliament required the state government's recommendation to apply laws to J&K.
  • Variations existed in citizenship, property rights, and fundamental rights compared to other Indian states.

Instrument of Accession

In 1947, the Maharaja of Jammu & Kashmir signed the Instrument of Accession to India, allowing India to govern defense, foreign affairs, and communications.

Abrogation of Article 370 and Latest Amendment

On August 5, 2019, the Government of India abrogated Article 370 through a Presidential Order and Parliamentary resolution, removing Jammu & Kashmir's special autonomous status.

Following this, the Jammu and Kashmir Reorganisation Act, 2019 was passed, which reorganized the former state into two separate Union Territories:

  • Jammu & Kashmir (with legislature)
  • Ladakh (without legislature)

This reorganization came into effect on October 31, 2019, marking a major constitutional and administrative change.

Previous Year Questions

  • HSSC 2018: What is the significance of Article 370?
  • It provided special autonomous status to Jammu & Kashmir.
  • SSC JE 2019: When was Article 370 abrogated?
  • August 5, 2019
  • RRB ALP 2020: What was the outcome of the Jammu and Kashmir Reorganisation Act, 2019?
  • The former state was bifurcated into two Union Territories: Jammu & Kashmir, and Ladakh.
StartPreparation