Article 370 and Jammu Kashmir Statehood

J&K Statehood Debate

Article 370 and Jammu Kashmir Statehood: The constitutional position of Jammu and Kashmir has again come into focus after the J&K Legislative Assembly passed a resolution on 28 September 2026 seeking the restoration of full statehood. Chief Minister Omar Abdullah moved the resolution, while several amendments proposed references to the pre-2019 constitutional arrangement, including Articles 370 and 35A. Those amendments were subsequently withdrawn.

The development has renewed attention on the constitutional transformation of J&K from a state with special constitutional arrangements to a Union Territory following the changes of 2019.

Original Framework of Article 370

Article 370 provided a special constitutional framework for Jammu and Kashmir. Under the original arrangement, Parliament’s legislative authority over the state was initially linked to subjects covered by the Instrument of Accession, particularly defence, foreign affairs and communications.

J&K also had its own Constitution, while the application of other provisions of the Constitution of India to the state took place through Presidential Orders.

Static GK fact: The Instrument of Accession was signed by Maharaja Hari Singh on 26 October 1947, providing the constitutional basis for J&K’s accession to India.

Delhi Agreement and Article 35A

The Delhi Agreement of 1952 represented an important stage in the constitutional relationship between the Union and J&K. It addressed matters including citizenship, the position of the President, the Supreme Court’s jurisdiction and the continued recognition of certain distinctive constitutional arrangements.

In 1954, a Presidential Order issued under Article 370 introduced Article 35A. It empowered the J&K legislature to define permanent residents and provide specified privileges relating to areas such as property ownership, government employment and scholarships.

Static GK Tip: Article 35A was not enacted through a separate constitutional amendment; it was incorporated through the 1954 Presidential Order and appeared as an annexure to the Constitution.

The 2019 Constitutional Changes

On 5 August 2019, the Union Government issued the Constitution (Application to Jammu and Kashmir) Order, 2019, followed by further constitutional and statutory measures. Article 370 was rendered inoperative, Article 35A ceased to operate, and the separate Constitution of J&K became inoperative.

The Jammu and Kashmir Reorganisation Act, 2019 subsequently reorganised the former state into two Union Territories: Jammu and Kashmir, with a legislature, and Ladakh, without a legislature.

Supreme Court Ruling

The constitutional changes were challenged before the Supreme Court. In its December 2023 judgment, the Constitution Bench upheld the Union’s action concerning Article 370 and held that the provision had served a role in the constitutional integration of J&K.

The judgment also recorded the Union government’s assurance that statehood would be restored to J&K in the future. The present Assembly resolution therefore concerns restoration of statehood, rather than restoration of the pre-2019 constitutional status.

Statehood and Special Status

The September 2026 Assembly proceedings highlighted that these are constitutionally distinct questions. The principal resolution sought full statehood, while amendments proposed by legislators sought references to the former special-status provisions. The amendments were withdrawn, and the statehood resolution was passed amid opposition from BJP legislators.

The development illustrates the continuing debate over J&K’s federal position, legislative powers and relationship with the Union.

Constitutional Journey of J&K

Jammu and Kashmir’s constitutional history has passed through several stages: 1947 accession, Article 370, the 1952 Delhi Agreement, the 1954 Presidential Order and Article 35A, the 2019 reorganisation, and the present statehood demand.

For competitive examinations, it is important to distinguish restoration of statehood from restoration of Article 370. The former concerns the constitutional status of the Union Territory, while the latter relates to the special constitutional arrangement that was rendered inoperative in 2019.

Static Usthadian Current Affairs Table

Article 370 and Jammu Kashmir Statehood: