Jammu and Kashmir: From Article 370 to Union Territory Status

No state tested Indian federalism like Jammu and Kashmir. It acceded on terms no other princely state received, kept its own constitution and flag for seven decades, and then lost its special status in two August days in 2019 through a constitutional manoeuvre that the Supreme Court upheld in December 2023. This article traces the arc from the Instrument of Accession to Article 370, Article 35A, the 2019 reorganisation, and the statehood question that remains open.

1947: an accession unlike any other

When British paramountcy lapsed on 15 August 1947, the princely state of Jammu and Kashmir, ruled by Maharaja Hari Singh, initially chose independence. The invasion by tribal raiders from across the border in October 1947 changed the calculation: on 26 October 1947 the Maharaja signed the Instrument of Accession, accepting Indian dominion over defence, foreign affairs and communications, the standard three subjects, but the circumstances made this accession unique. Lord Mountbatten accepted it with the proviso that the question of accession would be settled by a reference to the people once law and order were restored, and India took the matter to the United Nations in January 1948. The resulting Line of Control and the promise of a plebiscite shaped the state's constitutional exceptionalism from the start.

Within India, the state's politics were dominated by Sheikh Abdullah's National Conference, which had led the Quit Kashmir movement against the Maharaja. The Delhi Agreement of 1952 between Nehru and Abdullah settled the interim terms: the state would have its own constitution and flag, its head would be the Sadr-e-Riyasat elected by the state legislature rather than a Governor, and the Centre's jurisdiction would remain limited. The Constituent Assembly of Jammu and Kashmir, convened in 1951, ratified the accession in 1954 and adopted the state's own constitution on 17 November 1956, which came into force on 26 January 1957. For seven decades the state thus lived under two constitutions at once.

Article 370 and Article 35A: temporary provisions that stayed

Article 370 sat in Part XXI, titled Temporary, Transitional and Special Provisions, and its marginal note called it a temporary provision with respect to the State of Jammu and Kashmir. In its original form it applied only Article 1 (which names J and K in the First Schedule) and Article 370 itself to the state; every other provision of the Constitution could be extended only by presidential order, issued with the concurrence of the state government, and where the state's Constituent Assembly existed, its concurrence too. Because the Constituent Assembly dissolved itself in 1957 after framing the state constitution, later extensions were made with the concurrence of the elected state government, and by this route nearly the entire Constitution eventually applied, with modifications.

An early judgment quietly shaped the provision's fate. In Sampat Prakash (1968) the Supreme Court ruled that Article 370 remained open to presidential alteration even after the J and K Constituent Assembly had dissolved itself, a doctrinal hinge on which the 2019 abrogation would eventually swing.

Article 35A never appeared in the Constitution's main text at all. It was inserted by the Constitution (Application to Jammu and Kashmir) Order of 1954, issued by the President under Article 370(1). It empowered the state legislature to define who counted as a permanent resident of the state and to reserve for them special rights and privileges in public employment, acquisition of immovable property, settlement in the state and scholarships. In practice it barred outsiders from buying land or settling in the state and became the most politically charged symbol of the special status. Its constitutional validity was challenged in pending petitions that were never finally decided before the provision itself was swept away in 2019.

August 2019: how the abrogation was engineered

The abrogation was executed through the very article it dismantled. On 5 August 2019 the President issued the Constitution (Application to Jammu and Kashmir) Order, 2019, numbered C.O. 272, in exercise of powers under Article 370(1). It superseded the 1954 Order and applied all provisions of the Indian Constitution to the state. The legal ingenuity lay in the concurrence: with the state under President's Rule since December 2018, the concurrence of the state government was expressed through the Governor, and Parliament, acting as the state legislature, adopted a resolution. Simultaneously, both Houses passed a resolution recommending to the President, under Article 370(3), that Article 370 be declared inoperative. On 6 August 2019 the President issued C.O. 273, declaring that all clauses of Article 370 except clause 1 would cease to operate. In two days, the temporary provision completed its arc.

Constitutionally, the Union Territory of Jammu and Kashmir is governed under Article 239A, applied to it by the Reorganisation Act, which enables its legislative assembly on the Puducherry model, distinct from Delhi's Article 239AA arrangement. The Assembly can legislate on State and Concurrent List subjects except public order and police, which stay with the Lieutenant Governor, who also holds discretionary powers over the bureaucracy and the anti-corruption bureau. There is no Legislative Council.

Parliament then passed the Jammu and Kashmir Reorganisation Act, 2019: the Rajya Sabha on 5 August, the Lok Sabha on 6 August, with presidential assent on 9 August. The Act bifurcated the state into two Union Territories with effect from 31 October 2019: the Union Territory of Jammu and Kashmir with a legislature on the Puducherry model, and the Union Territory of Ladakh without a legislature, comprising Kargil and Leh districts. The state constitution, the separate flag, the Ranbir Penal Code and the state's separate citizenship of permanent residents all came to an end, and central laws, including the Indian Penal Code's successor codes and reservation provisions for Scheduled Castes and Scheduled Tribes, extended to the region.

The Supreme Court's verdict of December 2023

The constitutional challenge, In re: Article 370 of the Constitution, was decided by a five-judge bench headed by Chief Justice D.Y. Chandrachud on 11 December 2023, and the verdict was unanimous. The Court held that Article 370 was a temporary provision: the state had no internal sovereignty, its Constituent Assembly's recommendation under Article 370(3) was not binding on the President, and the President's power to declare the article inoperative survived the Assembly's dissolution in 1957. It upheld C.O. 272 and C.O. 273, and therefore the abrogation, as constitutionally valid.

On reorganisation, the Court upheld the carving out of Ladakh as a Union Territory but did not rule on whether a state could generally be downgraded to a Union Territory, leaving that question open. Crucially, it directed the Election Commission to hold elections to the J and K legislative assembly by 30 September 2024 and directed that statehood be restored at the earliest. Before those elections, the Delimitation Commission constituted in March 2020 and headed by Justice Ranjana Prakash Desai redrew the Union Territory's map: assembly seats rose from 83 to 90, with six additional seats for the Jammu region and one for Kashmir, five parliamentary constituencies were carved out with eighteen assembly segments each, and reservation was provided for seven Scheduled Caste and nine Scheduled Tribe seats, with nominated seats for two Kashmiri migrants and one displaced person. The elections were duly held in three phases across September and October 2024, the National Conference-led alliance won, and Omar Abdullah was sworn in as Chief Minister on 16 October 2024, the first elected government of the Union Territory. The Centre has repeatedly promised restoration of statehood, including on the floor of Parliament in August 2019, but as of late 2026 the commitment remains a promise rather than a statute, and the demand for Sixth Schedule protections for Ladakh, pressed by the Leh Apex Body and the Kargil Democratic Alliance, continues separately.

Prelims hooks

• Instrument of Accession: signed 26 October 1947 by Maharaja Hari Singh; covered defence, foreign affairs and communications.
• Article 370: Part XXI, marginal note called it a temporary provision; applied only Articles 1 and 370 originally.
• Article 35A: inserted by the 1954 Presidential Order, defined permanent residents and their special rights.
• Delhi Agreement 1952; J and K Constituent Assembly 1951 to 1957; state constitution adopted 17 November 1956, in force 26 January 1957.
• C.O. 272 (5 August 2019) superseded the 1954 Order; C.O. 273 (6 August 2019) rendered Article 370 inoperative except clause 1.
• J and K Reorganisation Act, 2019: assent 9 August 2019, appointed day 31 October 2019; UT of J and K with legislature, UT of Ladakh without.
• Supreme Court verdict 11 December 2023: unanimous, five-judge bench led by CJI Chandrachud; Article 370 temporary, no internal sovereignty.
• Assembly elections September to October 2024; Omar Abdullah sworn in 16 October 2024; statehood restoration still pending.
• Sampat Prakash (1968): Supreme Court held Article 370 remained open to presidential alteration even after the J and K Constituent Assembly dissolved.
• Delimitation Commission, March 2020, headed by Justice Ranjana Prakash Desai: assembly seats 83 to 90 (6 additional for Jammu, 1 for Kashmir); 5 parliamentary constituencies with 18 assembly segments each; 7 SC and 9 ST reserved seats; nominated seats for 2 Kashmiri migrants and 1 displaced person.
• UT of J and K governed under Article 239A (Puducherry model), distinct from Delhi's Article 239AA; Assembly legislates on State and Concurrent lists except public order and police; no Legislative Council; LG has discretionary powers.

Key Terms

• Jammu and Kashmir Reorganisation Act, 2019: The Jammu and Kashmir Reorganisation Act, 2019 bifurcated the former state into two Union Territories: Jammu and Kashmir with a legislature, and Ladakh without one, following the abrogation of Article 370. It matters for UPSC on Parliament's reorganisation powers under Article 3, federalism, and the Supreme Court's December 2023 verdict upholding the abrogation while directing elections in Jammu and Kashmir. Ladakh becoming a separate Union Territory on 31 October 2019.
• defence, foreign affairs and communications: Defence, foreign affairs and communications are the three subjects the Cabinet Mission Plan of 1946 reserved for the proposed Union of India, covering both British India and the princely states. All other subjects were to rest with the provinces and states, grouped into sections, making the Centre deliberately weak. It matters for UPSC because this restricted Union list explains the Congress-League tussle over grouping and the contrast with the strong Centre of the final Constitution. Cabinet Mission Plan, May 1946
• Scheduled Castes and Scheduled Tribes: Scheduled Castes and Scheduled Tribes are communities notified by the President under Articles 341 and 342 of the Constitution respectively, recognized as historically disadvantaged. They are entitled to reservation in legislatures, public employment and education, and protection under laws like the SC/ST (Prevention of Atrocities) Act, 1989. They are central to UPSC polity questions on affirmative action and social justice. the SC/ST (Prevention of Atrocities) Act, 1989
• The Delimitation Commission: The Delimitation Commission is the statutory body that redraws the boundaries of Lok Sabha and Assembly constituencies to reflect population changes recorded in each census. Four commissions have been constituted, in 1952, 1963, 1973 and 2002. The 42nd Amendment froze seat allocation until 2001 and the 84th Amendment extended the freeze to the first census after 2026, shielding states that controlled population growth. the 2002 Commission redrew boundaries using 1991 census figures while retaining 1971 seat totals
• Reorganisation Act, 2019: The Reorganisation Act, 2019 is the Jammu and Kashmir Reorganisation Act passed after the abrogation of Article 370 in August 2019. It bifurcated the former state into two union territories: Jammu and Kashmir with a legislature, and Ladakh without one, with effect from 31 October 2019. It matters for UPSC as the statute that redrew the constitutional map of the former state and redefined Centre UT relations. Ladakh being administered directly by the Centre through a Lieutenant Governor after the reorganisation.
• Instrument of Accession: The Instrument of Accession was the legal document through which a princely state acceded to the Dominion of India (or Pakistan) in 1947 under the Indian Independence Act. It transferred only defence, external affairs and communications to the Union, with other subjects negotiated later. For UPSC, it explains the constitutional integration of the princely states, the special history of Jammu and Kashmir, and questions on Article 370. Maharaja Hari Singh signed the Instrument of Accession for Jammu and Kashmir on 26 October 1947.
• Line of Control: The Line of Control is the 740-km military control line dividing Indian and Pakistani administered areas of Jammu and Kashmir, originally the 1949 Ceasefire Line and renamed under the 1972 Shimla Agreement. It is not an international border, and infiltration and ceasefire violations along it shape India-Pakistan relations. UPSC tests it in GS-2 and security questions on Kashmir, the Shimla Agreement, and border management. the 1972 Shimla Agreement, which renamed the Ceasefire Line
• Constituent Assembly: The Constituent Assembly was the body that framed India's Constitution, constituted under the Cabinet Mission Plan of 1946 with 389 members drawn from provinces, princely states, and chief commissioners' provinces. It met first on 9 December 1946 under Sachchidanand Sinha, with Rajendra Prasad as permanent president, and adopted the Constitution on 26 November 1949. For UPSC, it is the foundation of Indian constitutional history and polity. Jawaharlal Nehru moved the Objectives Resolution on 13 December 1946, setting the Assembly's guiding principles.
• discretionary powers: Discretionary powers are powers a constitutional authority exercises on its own judgment rather than on ministerial advice. In India the Governor has express constitutional discretion under Article 163 in specified matters, while both the President and Governors have situational discretion, as when inviting a leader to form a government after a hung verdict. For UPSC, discretionary powers are core GS-2 polity, linking Articles 74, 75 and 163 with the Sarkaria Commission's guidance on gubernatorial impartiality. The Governor's discretionary choice of whom to invite to form the government when no party wins a clear majority.
• Election Commission: The Election Commission is the constitutional body under Article 324 that superintends, directs and controls elections to Parliament, state legislatures and the offices of President and Vice-President. It can function as a multi-member body and enjoys powers to ensure free and fair polls. For UPSC, its independence, powers and the model code of conduct are staple polity topics. T. N. Seshan's assertive tenure as Chief Election Commissioner (1990-96) strengthened the Commission's authority.
• Indian Constitution: The Indian Constitution is the supreme law of India, adopted by the Constituent Assembly on 26 November 1949 and brought into force on 26 January 1950. It is the world's longest written constitution, blending parliamentary democracy, fundamental rights, directive principles and federalism with a strong centre. Drafted under B.R. Ambedkar's chairmanship of the Drafting Committee, it draws on the Government of India Act, 1935 and several foreign constitutions. For UPSC, it is the foundation of the entire polity syllabus.
• National Conference: The National Conference is the principal regional political party of Jammu and Kashmir, founded in 1932 by Sheikh Abdullah as the All Jammu and Kashmir Muslim Conference and renamed the National Conference in 1939. It led the state's accession-era politics, championed the Naya Kashmir manifesto, and has governed the state multiple times. It matters for UPSC because Kashmir's political history, Article 370, and centre-state relations are essential GS-2 and modern-history topics. Founded by Sheikh Abdullah in 1932

Practice questions