The implementation of the Constitution (Application to Jammu and Kashmir) Order of 2019 was enacted by the President of India on the 5th of August, 2019. The order essentially nullifies the special status that had been granted to Jammu and Kashmir under Article 370. This results in all provisions of the Indian Constitution now being applicable in the State.
The Nature of the New Order
Article 370 once made numerous clauses of the Indian Constitution non-applicable to Jammu and Kashmir. Now, with the implementation of the new order, this is no longer the case. Moreover, the order stipulates that it comes into immediate effect, replacing the original Constitution (Application to Jammu and Kashmir) Order of 1954.
In addition, two other significant pieces of legislation were introduced. The first, the Jammu and Kashmir Reorganisation Bill of 2019, proposes the bifurcation of the state into two separate union territories. The second, Jammu and Kashmir Reservation (Second Amendment) Bill of 2019, intends to extend reservation for Economically Weaker Sections (EWS) within the domains of education and government jobs in Jammu and Kashmir.
Historical Context: Jammu & Kashmir within the Indian Union
Jammu and Kashmir became a part of India when the Instrument of Accession was signed by its ruler, Maharaja Hari Singh, on 26 October 1947. As per Article 370, only Articles 1 and 370 were applicable to J&K originally. The imposition of other articles was decided by the President’s consultation with the state government.
This led to the creation of the Constitution Order of 1950 which detailed matters that the Union Parliament would legislate for J&K. In alignment with the Instrument of Accession, 38 subjects from the Union List were included. The Constitution (Application to Jammu and Kashmir) Order of 1954 outlined the constitutional relationship between J&K and India, extending Indian citizenship and related benefits to the permanent residents of J&K.
Article 370: Features and Provisions
Article 370 is located within Part XXI of the Indian Constitution. It outlines Temporary, Transitional, and Special Provisions for various Indian states. It is the backbone of the “Special Status” of J&K, providing for a separate constitution for the state.
This Article restricts the Union Parliament’s power to establish laws for J&K. This power was limited to those subjects detailed in the Instrument of Accession (defense, foreign affairs, and communications). Additional subjects could only be proposed via Presidential Orders, with the agreement of the State Government.
Was Article 370 Temporary?
It can be argued that Article 370 was temporary because it forms part of the “Temporary, Transitional, and Special Provisions”, and it was included to satisfy Maharaja Hari Singh during J&K’s accession to India. Although the J&K Constituent Assembly had a right to modify/delete/retain it, they chose to retain it.
| Year | Event |
|---|---|
| 1950 | Release of Constitution Order |
| 1954 | Enactment of Constitution (Application to Jammu and Kashmir) Order |
| 2019 | Revocation of Article 370 |
Implications of Revoking Article 370
Removing Article 370, a fundamental pillar of the constitutional relationship between Jammu and Kashmir and India, will have substantial consequences. For one, it could jeopardize tranquility in J&K—a region that has historically been a hotspot for conflict and militancy. Additionally, it could irreversibly alter the relationship between J&K and the rest of India.