UPSC CSE Mains Syllabus: GS-2-   Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Article 370 and Kashmir

Article 370:

Procedure for revocation:

The President, promulgated the Constitution (Application to Jammu & Kashmir) Order, 2019 (the Order), in concurrence with the Government of State of Jammu & Kashmir, with immediate effect.

The order supersedes the Constitution (Application to Jammu and Kashmir) Order, 1954 and states that all the provisions of the Constitution of India shall apply to the State of Jammu and Kashmir (J&K).

Two important clauses of the order,

  1. references to the Government of the said State shall be construed as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers; and
  2. With respect to clause (3) of article 370 of this Constitution, the expression “Constituent Assembly of the State referred to in clause (2)” shall read “Legislative Assembly of the State“.

Article 370(3) permits deletion by a Presidential Order. Such an order, however, is to be preceded by the concurrence of J&K’s Constituent Assembly. But this has been changed with the recent Presidential order.

Explanation provided: The government explained that since the state is presently under the President’s rule under Article 356 of the Indian Constitution, the Parliament vested with the powers otherwise exercisable by the Legislature of the state. Thereby, in view of Article 356(b), the Parliament was well within its powers to legislate on this bill.

Article 356(b): declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament.

Legal challenges:

Way forward:

Source:”The Hindu”.


Discuss the legal challenges in revoking the Article 370 of the Indian constitution. Has the removal of the special status brought Kashmir closer to India? Analyse.