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The Prime Minister marked seven years since the abrogation of Articles 370 and 35A on 5 August 2019.
The abrogation extended the full Constitution of India to Jammu and Kashmir.
The Jammu and Kashmir Reorganisation Act, 2019 bifurcated the erstwhile State into two Union Territories - Jammu and Kashmir, and Ladakh.
A Constitution Bench of the Supreme Court unanimously upheld the abrogation on 11 December 2023, holding Article 370 to have been a temporary provision.
The anniversary coincides with the 125th birth anniversary year of Dr Syama Prasad Mookerjee.
Article 370 was placed in Part XXI of the Constitution, the part dealing with temporary, transitional and special provisions - a placement that became central to the Supreme Court's reasoning in 2023. It limited Parliament's legislative power over Jammu and Kashmir to defence, external affairs and communications, the subjects surrendered under the Instrument of Accession, with other central laws extending only with the State government's concurrence. The practical result was that much of the Constitution applied to the State in modified form or not at all. Article 35A, introduced through a Presidential Order rather than by parliamentary amendment, empowered the State legislature to define who counted as a permanent resident and to confer special rights on them in matters such as immovable property, employment under the State and settlement - which meant non-residents could not acquire land there. On 5 August 2019 the President issued Constitutional Orders 272 and 273 during a Proclamation under Article 356(1)(b), extending the whole Constitution to the State, and Parliament simultaneously passed the Reorganisation Act converting the State into two Union Territories - Jammu and Kashmir with a legislature, and Ladakh without one. On 11 December 2023 a Constitution Bench unanimously upheld the President's power to do so, reasoning that Article 370 was temporary in character.
Simple Analogy: Article 370 was a partial firewall between the Constitution and one State; 35A was the clause behind it that decided who could own property inside.
Located in Part XXI on temporary, transitional and special provisions; limited Parliament's legislative reach over Jammu and Kashmir. Its temporary character was the basis on which the Supreme Court upheld its abrogation.
Introduced through a Presidential Order, it let the State legislature define permanent residents and confer special rights on them in immovable property, State employment and settlement.
The instruments through which the full Constitution was extended to Jammu and Kashmir on 5 August 2019, issued during a Proclamation under Article 356(1)(b).
Bifurcated the State into the Union Territories of Jammu and Kashmir, and Ladakh, placing them under direct central oversight.
The 1947 instrument by which the princely State acceded to India on defence, external affairs and communications - the historical basis for Article 370's limited legislative scope.
A Constitution Bench unanimously upheld the abrogation across 23 petitions, holding Article 370 to have been a temporary provision intended to ease accession during internal strife and war.
GS Paper 2 > Polity: Federalism, Constitutional Provisions, Union Territories; GS Paper 1 > Post-Independence Consolidation
General Awareness > Polity and Constitution
General Awareness > Polity and Current Affairs
General Awareness > Polity
General Knowledge > Polity and National Security
Which one of the following is not a feature of Indian federalism?
Answer: It is the result of an agreement among the federating units.
Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?
Answer: The independence of judiciary is safeguarded.
Article 370, which granted special status to Jammu and Kashmir, was abrogated by which constitutional mechanism?
Answer: Presidential Order under Article 370(3)
Article 370, the J&K Reorganisation Act and Union Territory classification are among the most frequently asked polity topics since 2019.
The provision in Part XXI limiting Parliament's legislative power over Jammu and Kashmir, abrogated on 5 August 2019.
Introduced through a Presidential Order, empowering the State legislature to define permanent residents and confer special rights on them.
The Part of the Constitution dealing with temporary, transitional and special provisions - where Article 370 was located.
The orders through which the full Constitution was extended to Jammu and Kashmir in August 2019.
The statute creating the Union Territories of Jammu and Kashmir, and Ladakh.
The 1947 document by which the princely State acceded to India on defence, external affairs and communications.