How a single constitutional provision defined the autonomy of Jammu and Kashmir

Countries & Cities · Published 12 October 2026 Swipe more like this →

In short: For decades, Article 370 granted Jammu and Kashmir a unique status within India. It allowed the state to maintain its own constitution and limited the central government's reach. This complex legal framework, born from the chaos of partition, was finally rendered inoperative in 2019, fundamentally reshaping the region's governance.

The origins of Article 370 lie in the 1947 partition of the Indian subcontinent. Following attacks by Pashtun tribesmen in October 1947, the Hindu maharaja of the Muslim-majority state, Hari Singh, signed the Instrument of Accession to secure military aid from India. This decision sparked the first war between India and Pakistan, leading to a 1949 ceasefire that established the 'line of control.'

Drafted primarily by Gopalaswami Ayyangar and supported by Prime Minister Jawaharlal Nehru, the provision was originally debated as draft Article 306A. It was designed to address the ongoing dispute by restricting the central government's jurisdiction to defense, external affairs, and communication. All other matters required the concurrence of the state government, which itself required ratification by the state's constituent assembly.

The provision was contentious from its 1950 inclusion in Part XXI of the Indian Constitution, which covers 'Temporary, Transitional, or Special Provisions.' Leaders like Vallabhbhai Patel expressed reservations, fearing such privileges would prevent full integration. However, the article remained a permanent feature after the state's constituent assembly dissolved without recommending its abrogation.

In 2019, the Indian government moved to end this special status. Following a parliamentary resolution passed with a two-thirds majority, a Presidential Order was issued on 5 August 2019. This made the Indian Constitution fully applicable to the region and led to the Jammu and Kashmir Reorganisation Act, 2019, which divided the state into two union territories: Jammu and Kashmir, and Ladakh, effective 31 October 2019.

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