Why in News?
The Supreme Court will hear a plea questioning the delay in restoring Jammu & Kashmir’s statehood, despite assurances by the Centre. Petitioners argue this delay violates federalism and the Basic Structure, citing the 2019 abrogation of Article 370 by Presidential order.
Description:
Background & Historical Context:
- Before 1947: Jammu & Kashmir (J&K) was a princely state under Maharaja Hari Singh.
- Accession to India (1947): Under threat of invasion by Pakistani tribal militias, Maharaja signed the Instrument of Accession (IoA) in October 1947.
- Limited Accession: J&K acceded to India only on matters of defence, external affairs & communications.
Formation of Article 370:
- Drafted by Gopalaswami Ayyangar.
- Included as a temporary provision in Part XXI of the Constitution (Article 370).
- Allowed J&K to have its own Constitution.
- Indian laws could only apply with State Government’s concurrence.
Key Provisions of Article 370:
| Provision | Details |
| Own Constitution | Adopted in 1956, came into effect in 1957 |
| Limited Applicability of Indian Laws | Only on IoA subjects unless extended via Presidential Order |
| Article 35A | Special rights to J&K residents (property, jobs, etc.) |
| Presidential Orders | Required State Government’s concurrence for application of laws |
| No applicability of emergency provisions initially | Except in case of war/external aggression |
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