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Article 370 and special provisions for States

Constitutional Law II · Unit I · Topic 6 of 21 · 6 min read

The history of Article 370, the 2019 Presidential Orders and Reorganisation Act, the Supreme Court's 2023 judgment upholding them, and the special provisions in Articles 371 to 371-J.

On this page
  1. 1. Accession and the original Article 370
  2. 2. The earlier cases
  3. 3. The events of August 2019
  4. 4. In re Article 370 (2023)
  5. 5. Special provisions: Articles 371 to 371-J
  6. How this is examined
Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

Write it in the past tense. Article 370 no longer operates as it did. An answer in 2026 must cover what it was, what was done in August 2019, and what the Supreme Court decided in December 2023. An answer that describes the special status as current law is wrong.

1. Accession and the original Article 370

Maharaja Hari Singh signed the Instrument of Accession on 26 October 1947, surrendering defence, external affairs and communications to the Dominion of India. Article 370, drafted by N. Gopalaswami Ayyangar and placed in Part XXI as a “temporary” provision, governed the State's relationship with the Union:

The Constitution (Application to Jammu and Kashmir) Order, 1954 extended most of the Constitution with modifications and added Article 35A, which protected State laws on permanent residents. The State adopted its own Constitution in 1957, and its Constituent Assembly dissolved on 26 January 1957 without recommending that Article 370 cease.

2. The earlier cases

3. The events of August 2019

The State had been under Governor's Rule from June 2018 and President's Rule under Article 356 from December 2018, so the powers of its legislature were exercisable by Parliament.

4. In re Article 370 (2023)

In In re Article 370 of the Constitution, 2023 INSC 1058, decided on 11 December 2023, a five-judge Constitution Bench (Chandrachud CJ, Kaul, Khanna, Gavai and Surya Kant JJ) upheld the abrogation. The main holdings:

Trap. Do not write that the Court upheld every step. It held the use of Article 367 to amend Article 370 invalid, and upheld the result through C.O. 273 under Article 370(3).

5. Special provisions: Articles 371 to 371-J

These are milder forms of asymmetric federalism, giving particular States or regions protection of customary law, land or development funding.

How this is examined

Article 370 has appeared in recent KSLU papers, as an essay or short note. Write the history, the 2019 steps in order, and the holdings of the 2023 judgment, especially the Article 367 point. For a short note on special provisions, Article 371-J is the one a Karnataka examiner expects to see explained, with 371-A and 371-G as examples of protection for customary law.

Now try the real questions: Constitutional Law II past question papers.