LEGAL STUDIES

PROJECT FILE WORK

TOPIC- article 370 and its removal.

NAME- KRITI KOHLI

CLASS- XI-HUMB
ROLL NO. 13
 INDEX
• Introduction
• How article 370 came into practice.
• Provisions of article 370
• Presidential Orders of 1950
• Presidential Orders of 1952
• Further Presidential Orders
• Calls for abrogation
• Presidential Orders 2019
• Changes of status of Jammu Kashmir
• Advantages of Article 370
• Disadvantages of Article 370
AKNOWLEDGEMENT
I would like to express my gratitude towards my legal studies
teacher, Mrs. Sonal Singhal for her constant support and
guidance. I would also like to thank our principle sir Mr.
Sanjay Khati for instilling faith in me.

I would also like to thank my parents for helping me in every

and anyway possible. I would also like to thank my friends
without whom this project could not be what it is today.
THANK YOU!
 INTRODUCTION
Article 370
Article 370 of the Indian constitution gave special status to Jammu and Kashmir, a region
located in the northern part of Indian subcontinent and part of the larger region of
Kashmir which has been the subject of a dispute between India, Pakistan and China
since 1947. Jammu and Kashmir was administered by India as a state from 1954 to 31
October 2019, and Article 370 conferred on it the power to have a separate constitution,
a state flag, and autonomy of internal administration. Article 370 was drafted in Part XXI of
the Indian constitution titled "Temporary, Transitional and Special Provisions” Article 370
was removed in Aug 2019 for the integration of Jammu and Kashmir into India.

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 How article 370 came into practice ?
*Article 370 was incorporated in the Indian Constitution in 1949, exempting the state of Jammu and Kashmir
from the Constitution of India
1947:
British rule in India ends after Partition. Jammu and Kashmir ruler Hari Singh signs the
Instrument of Accession of J&K following an attack by a Pakistani army of soldiers and
tribesmen that triggers an armed conflict between India and Pakistan
*Conflicts and terrorism arise between India and Pakistan over Jammu
and Kashmir.
Both of the countries wanted to establish control over Jammu Kashmir.
1948:
The war ends with a UN-ordered ceasefire and resolution seeking a plebiscite for the people of Jammu and Kashmir to
decide whether to become part of India or Pakistan. It calls on Pakistan to withdraw its troops and a ceasefire comes
into force
1949:
Article 370 is incorporated in the Indian Constitution, exempting the state of Jammu and Kashmir from the
Constitution of India. This cements the terms spelt out in the Instrument of Accession
 Provisions of article 370!
• Parliament needs the Jammu & Kashmir government's approval
for applying laws in the state — except in cases of defence,
foreign affairs, finance, and communications.
• The law of citizenship, ownership of property, and fundamental
rights of the residents of Jammu & Kashmir is different from the
residents living in rest of India. Under Article 370, citizens from
other states cannot buy property in Jammu & Kashmir. Under
Article 370, the Centre has no power to declare a financial
emergency in the state.
• It is important to note that Article 370(1)(c) explicitly mentions that
Article 1 of the Indian Constitution applies to Kashmir through Article
370. Article 1 lists the states of the Union. This means that it is Article
370 that binds the state of J&K to the Indian Union. Removing Article
370, which can be done by a Presidential Order, would render the state
independent of India, unless new overriding laws are made.

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Presidential Orders of 1950
• The Presidential order of 1950, officially The Constitution (Application to
Jammu and Kashmir) Order, 1950, came into force on 26 January 1950
contemporaneously with the Constitution of India. It specified the subjects
and articles of the Indian Constitution that corresponded to the Instrument of
Accession as required by the clause b(i) of the Article 370.
• Thirty eight subjects from the Union List were mentioned as matters on which
the Union legislature could make laws for the State. Certain articles in ten of
the twenty-two parts of the Indian Constitution were extended to Jammu and
Kashmir, with modifications and exceptions as agreed by the state government.
• In this first Presidential Order under Article 370 "235 articles of the Indian
Constitution were inapplicable to the state of Jammu & Kashmir, 9 were
partially applicable, and 29 were applicable in a modified form".
• This order was superseded by the Presidential order of 1954
 PRESIDENTIAL ORDERS
1952
1.The Presidential order of 1954, officially The Constitution (Application to Jammu and Kashmir)
Order, 1954 came into force on 14 may 1954.
2. Indian citizenship was extended to the 'permanent residents' of Jammu and Kashmir (formerly
called 'state subjects'). Simultaneously, the Article 35A was added to the Constitution, empowering the
state legislature to legislate on the privileges of permanent residents with regard to immovable
property, settlement in the state and employment.
3.The fundamental rights of the Indian constitution were extended to the state. However, the State
Legislature was empowered to legislate on preventive detention for the purpose of internal security.
The State's land reform legislation (which acquired land without compensation) was also protected.
4.The jurisdiction of the Supreme Court of India was extended to the State.
5.The Central Government was given power to declare national emergency in the event of external
aggression. However, its power to do so for internal disturbances could be exercised only with the
concurrence of the State Government.
In addition, the following provisions which were not previously decided in the Delhi Agreement were
also implemented
*Decisions affecting the disposition of the State could be made by the Central Government, but only
*The
withState's custom
the consent of duties were
the State abolished
Government

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Further Presidential Orders(1955-2018)
*In addition to these original orders, forty-seven Presidential orders were issued between 11
February 1956 and 19 February 1994, making various other provisions of the Constitution of
India applicable to Jammu and Kashmir. All these orders were issued with the 'concurrence of the
Government of the State' without any Constituent Assembly. Some of these Presidential orders
were issued when the state was under President's rule and had "no Kashmir government at all",
states Jill Cottrell. The concurrence in this instance was given by the Governor of the state, a
nominee of the Union government. Such an interpretation was upheld by the Supreme Court of
India in 1972.
The effect of the Presidential orders issued since 1954 had been to extend 94 of the 97 subjects in
the Union List (the powers of the Central Government) to the State of Jammu and Kashmir, and
260 of the 395 Articles of the Constitution of India. All of these orders had been issued as
amendments to the Presidential Order of 1954, rather than as replacements to it, presumably
because their constitutionality was in doubt, according to Cottrell.
This process has been termed the 'erosion' of the Article 370. Home minister Gulzarilal Nanda
(1963–1966) opined that the terms for the "special status" granted to Jammu and Kashmir in this
Article included a "very simple" process to amend, by an Executive Order of the President of
India, whereas the powers of all other states could only be amended by the "normal process of
(constitutional) amendment [...] subject to stringent conditions". According to him, Article 370
was "the only way" of taking the Constitution of India into Jammu and Kashmir, it is a tunnel
through which "a good deal of traffic has already passed and more will". The successors of GULZARILAL NANDA
Nanda in the Home Ministry have interpreted the Article in the same manner.
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 Calls for Abrogation
In 2014, as part of Bharatiya Janata Party manifesto for the 2014 general election, the party pledged to integrate the state of
Jammu and Kashmir into the Union of India. After winning the elections, attempts were made by the party along with its
parent organisation, the Rashtriya Swayamsevak Sangh (RSS), for the abrogation of Article 370. Former prince regent and
Congress leader Karan Singh opined that an integral review of Article 370 was overdue and, it need to be worked on jointly
with the State of Jammu and Kashmir.[89]
However, in October 2015, the High Court of Jammu and Kashmir ruled that the Article 370 cannot be "abrogated, repealed
or even amended." It explained that the clause (3) of the Article conferred power to the State's Constituent Assembly to
recommend to the President on the matter of the repeal of the Article. Since the Constituent Assembly did not make such a
recommendation before its dissolution in 1957, Article 370 has taken on the features of a "permanent provision" despite being
titled a temporary provision in the Constitution. On 3 April 2018, the Supreme Court of India gave a similar opinion declaring
that Article 370 has acquired a permanent status. It stated that, since the State Constituent Assembly has ceased to exist, the
President of India would not be able to fulfill the mandatory provisions required for its abrogation.
In 2019, as part of Bharatiya Janata Party manifesto for the 2019 general election, the party again pledged to integrate the
state of Jammu and Kashmir into the Union of India

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 PRESIDENTIAL ORDER 2019
*On 5 Aug 2019, Home Minister AMIT SHAH announced in the Rajya Sabha that the President of India had issued
The Constitution Order, 2019 under article 370, superseding the Constitution Order 1954.
*The order stated that all the provisions of The Indian Constitution applied to Jammu and Kashmir, whereas
the 1954 order specified that only some articles of the Indian Constitution will apply to the state. The new
order removed all such restrictions
*This in effect meant that separate Constitution for Jammu Kashmir stood abrogated.
* The President issued Constitutional Order 273 on 6 August 2019 replacing the extant text of Article 370 with
the following text:
*All provisions of this Constitution, as amended from time to time, without any modifications or exceptions, shall apply to the
State of Jammu and Kashmir notwithstanding anything contrary contained in ​article 152 or article 308 or any other article of
this Constitution or any other provision of the Constitution of Jammu and Kashmir or any law, document, judgement,
ordinance, order, by-law, rule, regulation, notification, custom or usage having the force of law in the territory of India, or any
other instrument, treaty or agreement as envisaged under article 363 or otherwise.
 Changes of status of Jammu and Kashmir
• On 5 August 2019, the Home Minister Amit Shah introduced the Jammu and Kashmir
Reorganisation Bill, 2019 in the Rajya Sabha to convert Jammu and Kashmir's status of a
state to two separate union territories, namely Union Territory of Jammu and Kashmir and
Union Territory of Ladakh. The union territory of Jammu and Kashmir was proposed to have
a legislature under the bill whereas the union territory of Ladakh is proposed to not have
one. By the end of the day, the bill was passed by Rajya Sabha with 125 votes in its favour and
61 against (67%). The next day, the bill was passed by the Lok Sabha with 370 votes in its
favour and 70 against it (84%). The bill became an Act after it was signed by the president.
*The two union territories came into existence on 31 October 2019, which was celebrated as National Unity Day
*President's Rule under article 356 of the Constitution of India was ended in the state of Jammu and Kashmir on the night of
30 October 2019

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What Will Happen After Article 370 Was Removed?
*After the decision of article 370, there is no separate constitution of Jammu and Kashmir, no separate flag. Now
Indians can come to J & K to purchase land there, avail of educational scholarships, and apply for government jobs.
•Indians can buy land there and make huge investments, which will help the land prices rise there in Kashmir.
•The local Kashmiris will get more money for the land they give on lease to the Indians.
•Companies can come and invest there, which will, in return, create more jobs.
• Educational opportunities will increase when Indians come and study there.
•We Indians can get government jobs and avail of scholarships. All this will lead to the overall economic development
this will lead to employment opportunities for the Kashmiris.
•Crime will reduce as people will not entertain terrorism instead of working and earning for themselves and their
families.
•Now Kashmiris will get the right to education and the right to information.
•Kashmiri pandits who had to run away after the article 370 decision was taken can come and settle down in Kashmir
again
Advantages of Article 370
•Better relationship with Indians and Kashmiris: The removal of article 370 is beneficial for the people of
Kashmir as they can now unite with the rest of India. They can be a part of India, and Indians can be a part of
Kashmir. They can apply for educational scholarships. They can get government jobs there in Kashmir.
•One nation and one flag: all of India is now together. There is no separate constitution for Kashmiris and
Indians. All will follow the slogan one nation, one constitution.
•Chances of economic development are high now: after the removal of article 370, people of Kashmir can
earn well by working in the upcoming companies set by the Indians. Increasing jobs will automatically reduce
crime. People of Kashmir can sell their lands on lease to the Indians, which further will act as an economic
gain for the Kashmiris.
•Private investors can invest in buying land and setting up industries: private investors can set up factories in
Kashmir that will open job opportunities for Kashmiris and Indians. 40% of the Kashmiris are jobless, which is
the primary reason for increasing crime in the valley. After the private investors start investing in Kashmir, the
anti-social activities will reduce. Prices of the lands will increase, which will help Kashmiris to make good
profits.
•Right to education and information: All the Kashmiris have the right to education with the removal of article
370. As the country will be a part of one nation, one flag, now Kashmiris have the right to know everything.
The law now gives the Kashmiris the right to get education from good institutes present within the state.
Investors will invest in Kashmir, and there are 100% chances of new educational institutions coming to the
valley; thus, this will make children, especially girls, educated.

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Disadvantages of Article 370
•Kashmiris feel that it is illegal. This decision can be compared to Fascism: Kashmiris clearly say that they were not even
aware that the Indian government was planning to remove article 370. Separately this has been removed without taking
permission and without informing the J&K govt. Internet was turned off on 5th august 2019, hundreds of troops were called,
landlines were turned off, and even Kashmiri politicians were kept on house arrest. The locals of Kashmir were locked up in
their homes, and then suddenly, this decision was imposed on the Kashmiris. Having dissolved the State Assembly of Jammu
and Kashmir and imposing President’s rule there in Kashmir, this decision was taken.
•It is similar to dictatorship as it was unconstitutional: the Kashmiris feel that nobody is paying heed to what they want. The
Indian leaders are not even listening to the democratically elected politicians of J&K. imposing article 370 on Kashmir was
unconstitutional, and this amounts to cheating with the Kashmiris. The decision of removing 370 from the constitution was
taken when the state assembly was not existing. It is considered cheating as people were told that 10k troops were brought there
in Kashmir valley as there were chances of a terrorist attack.
•The status of J&K has been removed, and it has been declared as union territory: earlier, Jammu and Kashmir has a special
status that has been reduced after article 370. But now, it has gone below the normal state and has been declared as a union
territory. The democracy of a union territory is much lower than a normal state, and the central government will have much
more control over the state now.
•The elected state government can not take all the decisions on their own: After article 370, the Kashmiris can elect the state
government, but their rights will not be the same now. Democracy will be reduced now in J&K. The people of Kashmir are not
accepting the decision wholeheartedly, which in the long-term will give rise to other political and social conflicts. This decision
will not come into actualization until the people of Kashmir wants to integrate with the Indians.

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Bibliography
• www.Wikipedia.com
• https://www.business-standard.com/
• https://indiankanoon.org/
• https://indianexpress.com/
• https://byjus.com/

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thank you