Special Provisions: Jammu and Kashmir: Article 370 and after

Jammu and Kashmir: Article 370 and after

Mains 2016 asked to what extent Article 370, bearing marginal note “temporary provision with respect to the State of Jammu and Kashmir ”, was temporary. On 5 August 2019 a Presidential Order applied the whole Constitution to Jammu and Kashmir, and Art 370 was made inoperative. The Jammu and Kashmir Reorganisation Act, 2019 split the State into two Union Territories from 31 October 2019: Jammu and Kashmir, with a legislature, and Ladakh, without one. On 11 December 2023 a five-judge bench upheld the move (In Re Article 370), holding that Art 370 was a temporary provision and that J&K had no internal sovereignty; it asked for elections by 30 September 2024 and statehood to be restored as early as possible.

Mains 2025 asked about the nature of Jammu and Kashmir Legislative Assembly after the Jammu and Kashmir Reorganization Act, 2019. It is the legislature of a Union Territory, like Puducherry’s: 90 elected seats after the 2022 delimitation, plus members nominated by the Lieutenant Governor. It can legislate on State and Concurrent List matters except public order and police; the LG has wide powers, including over police and the All India Services. Elections were held in 2024, the first since 2014.

→ Union Territories Delhi and Puducherry models compared.

Official Language and cooperative societies

Part XVII (Arts 343–351): Hindi in Devanagari is the official language of the Union; English continues under the Official Languages Act, 1963. Art 347 lets the President recognise a language spoken by a substantial part of a State; Art 350A asks for mother-tongue teaching at the primary stage; Art 350B creates a Special Officer for Linguistic Minorities; Art 351 directs the Union to develop Hindi.

The Eighth Schedule began with 14 languages and now has 22. Sindhi was added in 1967. The Constitution (71st Amendment) Act, 1992 amends the Eighth Schedule to add Konkani, Manipuri and Nepali (2024, option a); the 92nd Amendment, 2003 added Bodo, Dogri, Maithili and Santhali. Classical status is separate: Marathi, Pali, Prakrit, Assamese and Bengali were added in October 2024, making 11.

Cooperative societies: the 97th Amendment, 2011 made forming cooperatives a fundamental right (Art 19(1)(c)), added Art 43B (a Directive Principle), and inserted Part IX B (Arts 243ZH–243ZT). In July 2021 the Supreme Court struck down Part IX B as far as it covers State cooperatives, because the amendment touched a State subject without ratification by half the States; it survives for multi-State cooperatives (Union of India v Rajendra N. Shah). A Union Ministry of Cooperation was created the same month.