Article 370: Historical Background, Removal, and Its Impact on Jammu & Kashmir

Article 370 has long been one of the most debated constitutional provisions in India’s political and legal landscape. Introduced as a temporary provision after India’s independence, it granted special autonomous status to the erstwhile state of Jammu & Kashmir. Its revocation on 5 August 2019 marked a turning point in the region’s governance, integration, and developmental roadmap.

Historical Background of Article 370

Article 370 was incorporated into the Indian Constitution in 1949 to honor the unique circumstances under which Jammu & Kashmir acceded to India. After the partition of 1947, the state of J&K decided to join India through the Instrument of Accession, which granted the Indian government authority over defense, foreign affairs, and communications. All other powers remained with the state.

To formalize this special relationship, Article 370 was introduced, allowing Jammu & Kashmir a degree of internal autonomy unlike any other Indian state. Over the decades, numerous Presidential Orders gradually extended many Indian laws to the state, reducing its autonomy but never eliminating it entirely—until 2019.

What Article 370 Provided

Under Article 370, Jammu & Kashmir enjoyed privileges that distinguished it constitutionally from other states. Key features included:

1. A Separate Constitution

J&K had its own state constitution, adopted in 1957, which governed internal matters independently from the Indian Constitution.

2. Limited Applicability of Indian Laws

Indian Parliament needed approval from the J&K government before applying most of its laws in the state.

3. Special Rights for Permanent Residents

Only permanent residents—known locally as “state subjects”—could buy land, vote in state elections, or secure government jobs.

4. Restricted Land Ownership

People from outside Jammu & Kashmir were largely barred from purchasing property in the region.

These provisions were intended to protect the demographic, cultural, and economic identity of the region following accession.

Reasons Behind the Revocation of Article 370

The government justified its decision to remove Article 370 based on several developmental, security, and administrative concerns:

1. Hindrance to Development

The state’s unique laws often made it difficult for large-scale development initiatives and private investments to take root.

2. Encouragement of Separatism

Supporters of revocation argued that Article 370 allowed separatist sentiments to flourish, creating a psychological barrier to full integration with India.

3. Barriers to Investment

Industrial growth in J&K lagged behind other states. Restrictions on land ownership and bureaucratic complexities discouraged businesses from setting up operations.

4. Administrative Limitations

Central schemes and reforms could not be uniformly implemented, creating governance inefficiencies that affected public welfare and service delivery.

The Process of Revocation

On 5 August 2019, the Indian government announced the abrogation of Article 370 through a Presidential Order and subsequently passed the Jammu and Kashmir Reorganisation Act, 2019. This act:

·         Nullified J&K’s special status.

·         Divided the state into two Union Territories—Jammu & Kashmir (with a legislature) and Ladakh (without a legislature).

·         Extended all provisions of the Indian Constitution to the region.

This move technically fulfilled the constitutional requirement for the J&K "state government" to approve the decision by using the Governor as the representative during President’s rule.

Impact on Governance

The administrative landscape of the region changed significantly after the revocation. Some major governance reforms include:

1. Uniform Application of Central Laws

All national laws now apply to J&K and Ladakh, creating administrative consistency with the rest of India.

2. Enhanced Security and Monitoring

The Union Territories structure provides the central government greater control over law and order.

3. Streamlined Bureaucracy

Governance reforms focused on improving transparency, efficiency, and delivery of public services.

4. Reorganization of Political Structure

Local elections have been conducted, and efforts to restore democratic processes have continued since the reorganization.

Development Opportunities After Revocation

The government has highlighted several areas of development that have accelerated post-2019. These include:

1. Infrastructure Expansion

Major projects have been undertaken—roads, tunnels, railways, bridges, and power projects—to improve connectivity and economic growth.

2. Tourism Boost

The region has reported an increase in tourism in both Kashmir and Ladakh. Film tourism, adventure tourism, and eco-tourism are being promoted.

3. Industrial Investment

Policies are being drafted to attract private companies to invest in food processing, handicrafts, information technology, and manufacturing.

4. Job Creation and Skill Development

New employment opportunities are being created through industrial incentives, public-sector recruitment drives, and entrepreneurship programs.

Concerns and Criticisms

Despite the government’s focus on development, the move has also generated concerns, especially among political groups, activists, and local communities:

1. Political Representation

Critics argue that converting J&K into a Union Territory reduces elected representation and grassroots participation in governance.

2. Civil Liberties

The initial communication lockdown, restrictions on movement, and detentions of local leaders raised questions about human rights and constitutional freedoms.

3. Cultural and Demographic Identity

There are concerns that the entry of new residents and businesses may gradually alter the region’s demographic and cultural character.

4. Long-Term Stability

Opponents believe that political engagement and restoration of statehood are essential for long-term peace.

Long-Term Implications

The removal of Article 370 represents a profound shift toward socio-economic and political integration of Jammu & Kashmir with the rest of India. Supporters believe this will unlock the region’s full economic potential, improve governance, and strengthen national unity. Critics warn that the success of the decision ultimately depends on safeguarding democratic values, restoring normalcy, and ensuring inclusive development.

The long-term impact will become clearer over the coming years as the region continues to evolve politically, socially, and economically.