Article 370 of the Constitution of India

[6][7] Article 370 was drafted in Part XXI of the Indian constitution titled "Temporary, Transitional and Special Provisions".

[31]The clause 7 of the Instrument of Accession signed by Maharaja Hari Singh declared that the State could not be compelled to accept any future Constitution of India.

[36][37][35] Noorani states that this understanding of the constitutionality of the Centre-State relations informed the decisions of India till 1957, but that it was abandoned afterwards.

Other provisions of the constitution would apply with exceptions and modifications specified by the president in his Order in consultation with or the concurrence of the government of the state.

[39] In exercise of these powers, as conferred by clause (3) of article 370 of the constitution, the president made a series of orders with the concurrence of the government of the state of Jammu and Kashmir.

Certain articles in ten of the twenty-two parts of the Indian constitution were extended to Jammu and Kashmir, with modifications and exceptions as agreed by the state government.

In the same month, the Hindu-dominated Jammu Praja Parishad submitted a memorandum to the president of India demanding the full application of the Indian constitution to the State.

The government of India summoned a delegation from Jammu and Kashmir in Delhi for discussions on the relations between the Centre and the State.

Despite reservations on this piecemeal approach to adopting provisions, the Central government acquiesced, leading to the Presidential Order of 1952.

[48] The provisions implementing the Delhi Agreement were:[49][50] In addition, the following provisions which were not previously decided in the Delhi Agreement were also implemented:[51][52][47] Background: The State government's decision to abolish the monarchy led to increased agitation by the Jammu Praja Parishad, which found support among the Ladakhi Buddhists and the Hindu parties of India.

[54][55][56][57] In response, Sheikh Abdullah started questioning the value of Kashmir's accession to India, leading to a loss of support among his Cabinet members.

On 8 August 1953, Sheikh Abdullah was dismissed from the post of prime minister by the Sadar-i-Riyasat Karan Singh and his erstwhile deputy Bakshi Ghulam Mohammad was appointed in his place.

[60] According to the Basic Principles Committee: While preserving the internal autonomy of the State, all the obligations which flow from the fact of accession and also its elaboration as contained in the Delhi Agreement should find an appropriate place in the Constitution.

[66][h] The effect of the Presidential orders issued since 1954 had been to extend 94 of the 97 subjects in the Union List (the powers of the Central Government) to the State of Jammu and Kashmir, and 260 of the 395 Articles of the Constitution of India.

According to him, Article 370 was "the only way" of taking the Constitution of India into Jammu and Kashmir, it is a tunnel through which "a good deal of traffic has already passed and more will".

The Concurrent List, on which both the Centre and States may legislate include criminal law, marriage, bankruptcy, trade unions, professions and price control.

Of the 'Concurrent List', twenty-six of the forty-seven items applied to Jammu and Kashmir; the items of marriage and divorce, infants and minors, transfer of property other than agricultural land, contracts and torts, bankruptcy, trusts, courts, family planning and charities had been omitted – i.e., the State had exclusive right to legislate on those matters.

In the 1954 Presidential order, among other things, the Fundamental Rights in the Indian Constitution were made applicable to Kashmir with some exceptions.

[74] The state legislature further modified these, as well as added "preventive detention laws" that it exempted from human rights challenges for twenty-five years.

[74] According to Cottrell, the autonomy and special status granted to the state of Jammu and Kashmir makes it possible "for it to have rather lower standards of human rights".

[79] Numerous other women – such as Sunita Sharma, Anjali Khosla, Abha Jain, Kamla Rani, Reeta Gupta, and others – sued the state government on different but related matters, charging discrimination based on their gender.

The new law sought to deprive daughters of the state's permanent residents[j] of all their native-born rights and privileges if they marry someone who is not the subject of Jammu and Kashmir.

[88] After winning the elections, attempts were made by the party along with its parent organisation, the Rashtriya Swayamsevak Sangh (RSS), for the abrogation of Article 370.

[89] Former prince regent and Congress leader Karan Singh opined that an integral review of Article 370 was overdue and, it need to be worked on jointly with the State of Jammu and Kashmir.

[90] However, in October 2015, the High Court of Jammu and Kashmir ruled that the Article 370 cannot be "abrogated, repealed or even amended."

[91][27] On 3 April 2018, the Supreme Court of India gave a similar opinion declaring that Article 370 has acquired a permanent status.

[98][99][100][101] On 5 August 2019, Home Minister Amit Shah announced in the Rajya Sabha (upper house of the Indian Parliament) that the President of India had issued The Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O.

The phrase "Sadar-i-Riyasat acting on the aid and advice of the Council of Ministers" shall be construed as the "Governor of Jammu and Kashmir".

[12][k] According to Jill Cottrell, some of the Presidential orders under Article 370 have been issued since 1954 in similar circumstances when the state was under President's rule.

[110] President's Rule under article 356 of the Constitution of India was ended in the state of Jammu and Kashmir on the night of 30 October 2019.