Jammu and Kashmir held a special constitutional position for over seven decades. That status was removed in a single day in 2019, using a legal mechanism the Supreme Court later had to rule on directly.
Must Know
A Special, Autonomous Status
- BackgroundArticle 370 of the Indian Constitution granted special autonomous status to the state of Jammu and Kashmir.
- DetailUnder this provision, Jammu and Kashmir had its own separate constitution. It could make its own laws in most areas, except defence, foreign affairs, and communications.
- AlsoArticle 370 also meant most provisions of the Indian Constitution did not automatically apply to Jammu and Kashmir, unless specifically extended.
- EventIn August 2019, the government revoked Article 370’s special provisions through presidential orders and parliamentary resolutions. The state was also reorganised into two separate union territories: Jammu and Kashmir, and Ladakh.
The Days Before the Announcement
- StoryBefore the move was even announced, the government cut off cable TV, landline phones, mobile phones, and the internet across Kashmir. A curfew shut down the whole region.
- DetailFormer Chief Ministers Omar Abdullah and Mehbooba Mufti were placed under preventive detention, along with other local political leaders.
- So whatThis lockdown happened before Parliament had even voted. It shows how carefully the government controlled the moment, to prevent protests before the decision was final.
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The Legal Mechanism Behind Removal
- ContextArticle 370 could only be amended with the concurrence of Jammu and Kashmir’s own Constituent Assembly. That body had dissolved itself in 1957, decades earlier.
- DetailPresidential Order C.O. 272, issued on 5 August 2019, amended Article 367. It redefined “Constituent Assembly of Jammu and Kashmir” as “Legislative Assembly of the State” for this purpose.
- So whatJammu and Kashmir was under President’s Rule at the time, so Parliament itself was exercising the state legislature’s powers. Acting in that capacity, Parliament gave the required concurrence.
- EventA second order, C.O. 273, then declared Article 370’s provisions inoperative, following Parliament’s resolution recommending exactly that.
- StoryHome Minister Amit Shah moved the resolution and the reorganisation bill in the Lok Sabha. By coincidence, the reorganisation bill itself passed by exactly 370 votes in favour, 70 against.
- ResultThe Jammu and Kashmir Reorganisation Act, 2019, took effect on 31 October 2019. It split the former state into two Union Territories, one with a legislature and one without.
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A Still-Contested Change
- BackgroundArticle 370’s design reflected the specific, contested circumstances of Kashmir’s 1947 accession to India. It granted a level of autonomy not given to any other Indian state.
- So whatThe 2019 revocation ended an arrangement that had lasted over seventy years, and remains among the most debated constitutional actions in independent India’s history.
- InsteadThe government took the Article 367 reinterpretation route rather than reviving Kashmir’s own dissolved assembly. That choice became the central legal question the Supreme Court had to resolve.
The Supreme Court’s 2023 Ruling
- EventThe Court upheld the government’s action on 11 December 2023, ruling the mechanism a valid use of presidential power.
- ResultIt also directed elections and the restoration of statehood for Jammu and Kashmir.
Current Affairs
Current Affairs: Still Waiting on Statehood
- CAOn 5 August 2026, the seventh anniversary, Prime Minister Narendra Modi called the abrogation a “defining milestone.” He linked it to reformer Dr. Syama Prasad Mookerjee’s 125th birth anniversary. The same day, the ruling National Conference publicly pressed the Centre on when statehood would actually be restored. (Source: PIB)
- CAOn 16 October 2024, Omar Abdullah was sworn in as Chief Minister. His National Conference had just won 42 of 90 seats — J&K’s first Assembly election since 2019. As of August 2026, J&K still hasn’t been restored to full statehood, despite the Court’s 2023 direction. (Source: Deccan Herald)
- CAOn 11 December 2023, a five-judge Supreme Court bench unanimously upheld Article 370’s abrogation. It ruled the abrogation a valid use of presidential power. The bench also directed elections and the restoration of statehood for Jammu and Kashmir. (Source: Supreme Court Observer)
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GK0074 — Jammu and KashmirPolity0378 — Article 370 of the ConstitutionPolity0052 — The Supreme CourtPolity0053 — High Courts and Subordinate CourtsModHist0041 — Nagaland's Path to Statehood: Insurgency and Negotiation❓ Practice this topic
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