Article 370: Now history, here's how it was adopted in the Indian Constitution

Article 370 was drafted as part of the Indian Constitution's "Temporary, Transitional and Special Provisions" in Part XXI. Here's the history of what led to its inclusion into the Constitution.

Four years after Article 370 of the Constitution, which gave special status to the erstwhile state of Jammu and Kashmir, was abrogated by the central government, the Supreme Court on Monday (December 11), gave a unanimous verdict upholding the government's decision.

Article 370 was drafted as part of the Indian Constitution's "Temporary, Transitional and Special Provisions" in Part XXI. It was an interim arrangement, born out of the war conditions prevalent in the state at the time.

The special status conferred by Article 370 allowed Jammu and Kashmir to have its constitution, a state flag, and control over internal administration, except in matters of defence, foreign affairs, finance, and communications. This autonomy was rooted in the historical context of the state's accession to India and its colonial history.

While Article 370 is now a thing of the past, it has its history of how it became a part of the Indian Constitution.

INSTRUMENT OF ACCESSION

Under British rule, from 1846 to 1858, Jammu and Kashmir was a princely state in a subsidiary alliance with the British East India Company and subsequently came under the British Crown until 1947. The princely state was created after the First Anglo-Sikh War when the East India Company, which had annexed the Kashmir Valley from the Sikhs as war indemnity, sold it to the Maharaja of Jammu, Gulab Singh, for Rs 75 lakh.

Jammu and Kashmir remained a part of the British Raj but enjoyed its sovereignty, except for matters of defence, foreign affairs, and communications. It also disallowed outsiders to own properties in the state.

However, things changed fast in 1947. During the time of Partition, Jammu and Kashmir's ruler, Maharaja Hari Singh, decided not to side with either India or Pakistan. However, he soon had to rethink his decision as he faced an invasion by tribal militias from Pakistan, backed by the country's establishment, in October 1947.

The Maharaja desperately called New Delhi for assistance in the fight against the invasion. The Indian government, led by then Prime Minister Jawaharlal Nehru, agreed to extend help but asked Hari Singh to sign an Instrument of Accession first.

Faced with no choice, the Raja agreed. However, he made sure that the Instrument of Accession did not take away its sovereign status.

The Instrument of Accession was signed by Maharaja Hari Singh on October 26, 1947, agreeing to accede to the newly independent India on three matters: defence, foreign affairs, and communications.

A day later, the agreement of accession was accepted by Lord Mountbatten, the then Governor-General of India, under the provisions of the Indian Independence Act.

ARTICLE 370 ADOPTED IN CONSTITUTION

Clause 7 of the Instrument of Accession emphasised that Jammu and Kashmir's accession to India was conditional upon the state retaining the right to have its constitution and a significant degree of autonomy. This clause was a foundational element that led to the creation of Article 370.

Article 370 was specifically designed to protect these rights, ensuring that Jammu and Kashmir had a special status within the Indian Union.

Jawaharlal Nehru entrusted N Gopalaswami Ayyangar, a key member of the seven-member Drafting Committee of the Indian Constitution, to draft the Article meant to protect the special status of Jammu and Kashmir.

Negotiations began in July 1949 on the structure of the proposed Article. Among those involved, besides, Jawaharlal Nehru, Sardar Vallabhbhai Patel and Ayyangar, was Sheikh Abdullah, the Prime Minister of Jammu and Kashmir and a member of the Constituent Assembly.

The discussions continued for months.

On October 17, 1949, Article 370, moved for consideration as Article 306A, was adopted in the Constitution by the Constituent Assembly.

WHY ARTICLE 370 WAS NECESSARY

Moving to defend the necessity of Article 370, Ayyangar told the Constituent Assembly about the "special conditions" in Jammu and Kashmir.

"In the first place, there has been a war going on within the limits of Jammu and Kashmir State. There was a cease-fire agreed to at the beginning of this year and that cease-fire is still on. But the conditions in the State are still unusual and abnormal. They have not settled down. It is therefore necessary that the administration of the State should be geared to these unusual conditions until normal life is restored as in the case of the other States," said Ayyangar.

In the absence of any state legislature in Jammu and Kashmir, Ayyangar proposed the inclusion of Article 306A as an "interim system" until Jammu and Kashmir adopted its constitution.

On January 26, 1950, the Constitution of India was enacted, and Article 370 set the framework for Jammu and Kashmir's relationship with the rest of India.

Over the years, through a series of Presidential Orders, the government extended most of the Constitution's provisions to Jammu and Kashmir, which effectively eroded the autonomy granted by Article 370.

This process culminated on August 5, 2019, when the government struck down Article 370 and bifurcated the state into two Union Territories: Jammu and Kashmir, and Ladakh.

On December 11, 2023, in a unanimous verdict, the Supreme Court upheld the government's decision, while maintaining that elections should be held in Jammu and Kashmir by September 2024 and statehood should be restored as soon as possible.

Article 370 is no longer a part of the Constitution and Jammu and Kashmir is, for all practical purposes, "fully integrated" into the Indian Union. It will now, like the Supreme Court has desired, get back its statehood and be a part of India like any other state.