J&K's Article 370 Explained: Here's how it came and how it went

Article 370 of Indian Constitution h "temporary provisions with respect to State of Jammu and Kashmir" which gave special powers to state allowing it to have its own Constitution.

According to it, provisions of only Article 1 and Article 370 applied to state. 

If Centre wanted to extend in state a central law on subjects included in Instrument of Accession (IoA) -- Defence, External Affairs and Communications -- it needed "consultation" while for extending laws on remaining subjects, "concurrence" of state government was mandatory.

IoA signed on October 26, 1947 by n ruler Raja Hari Singh h mentioned in Clause 5 that accession terms cant be varied by any amendment of Act or of Indian Independence Act unless such amendment is accepted by him by a supplementary instrument.

Article 35A of Indian Constitution, which stemmed out of Article 370, gave powers to Jammu and Kashmir Assembly to define permanent residents of state, ir special rights and privileges.

Jammu and Kashmir Constitution opted on vember 17, 1956 defines permanent resident as a person who was a state subject as of May 14, 1954 or has been a resident in state for 10 years on that date with a legally acquired property. 

n-permanent residents cant acquire immovable property, get government employment, scholarships or or aid provided by state government. 

unique Article was inserted in Constitution through a Presidential order in 1954 inste of an Amendment moved through Parliament.

Article 35A does t appear in main body of Constitution and is listed in Appendix I.

Clause (j) of Appendix states after Article 35, a new Article 35A shall be ded.

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Article 35A states: Saving of laws with respect to permanent residents and ir rights  twithstanding anything contained in this Constitution, existing law in force in State of Jammu and Kashmir, and law hereafter enacted by Legislature of State:

(a) defining classes of persons who are, or shall be, permanent residents of State of Jammu and Kashmir or (b) conferring on such permanent residents any special rights and privileges or imposing upon or persons any restrictions as respects (i) employment under State Government; (ii) acquisition of immovable property in State; (iii) settlement in State; or (iv) right to scholarships and such or forms of aid as State Government may provide, shall be void on ground that it is inconsistent with or takes away or abridges any rights conferred on or citizens of India by any provision of this Part.

premise of this special Article emanates from residency laws issued by n Maharaja Hari Singh to prevent migration of people from neighbouring Punjab during British rule.

Such restrictions on n-permanent residents to purchase lands are t unique to Jammu and Kashmir as Himachal Presh and several rth Eastern states too have this provision. 

In 2002, Jammu and Kashmir High Court h struck down provision of women losing ir permanent resident status if y married a n-permanent resident. ir children still cant have succession rights.

Article 35A is under challenge in Supreme Court as it was t ded through a Constitutional amendment and or related issues. 

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Under Article 370 (3): twithstanding anything in foregoing provisions of this article, President may, by public tification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:... Provided that recommendation of Constituent Assembly of State referred to in clause (2) shall be necessary before President issues such a tification.

In State bank of India vs Santosh Gupta and Or case, Supreme Court h ruled that Article 370, though was intended to be temporary or transitional, has become a permanent feature of Constitution for reasons mentioned in Article 370(3) that says that without recommendations of State Constituent Assembly, it could t be abrogated.

tification issued by President Ram Nath Kovind abrogating Article 370 on Monday declared: in proviso to clause (3) of article 370 of this Constitution, expression "Constituent Assembly of State referred to in clause (2)" shall re "Legislative Assembly of State". 

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