Seven years since abrogation of Article 370

The abrogation of Article 370: what happened?

The PMO note is a short anniversary message. The exam value lies in the legal steps behind it, which are printed in the official text of the Constitution itself. Learn the two Orders, their dates and what each did. That is where Prelims questions come from.

• The PM said infrastructure has expanded in J&K and Ladakh, with new openings in education, healthcare, entrepreneurship and sports.
• He said women and marginalised communities, earlier denied several constitutional rights, are now empowered by the full application of the Constitution.
• He linked the date to Dr Syama Prasad Mookerjee, whose 125th birth anniversary the nation is marking.
• He reaffirmed the government’s commitment to the progress of both J&K and Ladakh.

How was Article 370 made inoperative?

• Article 370(1)(d) let the President, by order, apply other provisions of the Constitution to J&K with exceptions and modifications.
• Article 370(3) let the President, by public notification, declare the Article inoperative; its proviso required the recommendation of the Constituent Assembly of the State.
• C.O. 272 (5 Aug 2019), made with the concurrence of the Government of the State, used Article 370(1) to apply all provisions of the Constitution to J&K and superseded the Constitution (Application to Jammu and Kashmir) Order, 1954.
• It added clause (4) to Article 367, so that “Constituent Assembly of the State” in the proviso to Article 370(3) reads “Legislative Assembly of the State”.
• C.O. 273, on the recommendation of Parliament, declared that from 6 Aug 2019 all clauses of Article 370 cease to operate, except one new clause.

What does Article 370 now say?

• The only operative text: all provisions of this Constitution, as amended from time to time, without any modifications or exceptions, shall apply to the State of Jammu and Kashmir, notwithstanding anything contrary in Article 152, Article 308, any other Article, the Constitution of Jammu and Kashmir, or any law, custom or instrument.
• The First Schedule now lists Jammu and Kashmir and Ladakh as Union Territories, inserted by the Jammu and Kashmir Reorganisation Act, 2019 with effect from 31 October 2019.

Which constitutional texts matter here?

• Article 370 (Part XXI, Temporary, Transitional and Special Provisions), clauses (1) and (3).
• Article 367(4), added for J&K by C.O. 272.
• Appendix II (C.O. 272) and Appendix III (C.O. 273) of the Constitution.
• First Schedule, Union Territories 8 (Jammu and Kashmir) and 9 (Ladakh).
• Fourth Schedule: Jammu and Kashmir (UT), 4 seats in the Council of States.

What happened on which date?

Why does the abrogation of Article 370 matter?

What are the challenges in the abrogation of Article 370?

• The PMO note gives no data on the changes it describes; numbers on development must be checked from scheme-wise releases.
• The key legal link is the Article 367(4) change: it let the Legislative Assembly stand in for the Constituent Assembly in the proviso to Article 370(3). Students often miss this step.
• Article 239A (local legislature for certain UTs) was made applicable to the UT of J&K by section 13 of the 2019 Act; Ladakh is listed as a separate UT.

What should be done next on the abrogation of Article 370?

• Read the Appendix II and III texts once; Prelims has tested such legal steps before.
• Track scheme-wise official data for J&K and Ladakh to support Mains answers.
• Link this topic to Articles 3 and 4 (reorganisation of States) in your notes.

What can Prelims ask on the abrogation of Article 370?

• 5 Aug 2019: C.O. 272 under Article 370(1).
• 6 Aug 2019: C.O. 273 under Article 370(3) read with 370(1), on the recommendation of Parliament.
• C.O. 272 superseded the 1954 Application Order and added Article 367(4).
• UTs of J&K and Ladakh from 31 Oct 2019; J&K (UT) has 4 Rajya Sabha seats.
• Article 370 sits in Part XXI.

How to write about the abrogation of Article 370 in Mains

Practice question (15 marks, 250 words): Examine the constitutional route by which Article 370 was rendered inoperative in 2019, and its implications for Centre-State relations.

• Intro: Article 370 as a temporary provision in Part XXI.
• Route: C.O. 272 (Article 367(4)), Parliament’s recommendation, C.O. 273.
• Reorganisation into two UTs (2019 Act).
• Implications: federalism, rights, representation.
• Conclusion.