J&K's Position before 2019
To understand what the Act changed, first see what J&K was before 5 August 2019.
Where J&K stood in the Constitution
- J&K was a State of India, listed in the First Schedule (entry 15) under Article 1. It joined India through the Instrument of Accession, 26 October 1947 (see Accession).
- Article 370, in Part XXI ("Temporary, Transitional and Special Provisions"), set out how the Constitution applied to J&K. Article 35A was added in 1954 by a Presidential Order.
- Under Article 370(1)(d), the President could apply other provisions of the Constitution to J&K, with exceptions and modifications, but only with the concurrence of the State government (for matters beyond the Instrument of Accession).
- Under Article 370(3), the President could declare Article 370 inoperative, but only on the recommendation of the Constituent Assembly of the State. That Assembly finished its work and was dissolved on 25 January 1957, and many people argued the clause could therefore never be used.
What was "special"
| Feature | Position before 2019 |
|---|---|
| Own Constitution | The Constitution of J&K was adopted on 17 November 1956 and came into force on 26 January 1957. |
| State Subjects | Only permanent residents could own land, hold State jobs and vote (Article 35A; the State Subject notification dates from 1927). |
| Penal law | The Ranbir Penal Code applied, not the Indian Penal Code. |
| Assembly term | Six years, not five. |
| Parliament's power | Limited mostly to Union List matters (and others only with State concurrence). |
| Not applicable | Fundamental Duties, Article 360 (financial emergency) and the 73rd and 74th Amendments (panchayats and municipalities) did not apply until later. |
| Heads of government | Sadar-i-Riyasat and Prime Minister until 1965; then Governor and Chief Minister (see Article 370: A Short History). |
Governor's Rule in J&K
Because J&K had its own Constitution, there were two forms of emergency rule:
- Governor's Rule under Section 92 of the J&K Constitution, for up to six months.
- President's Rule under Article 356 of the Indian Constitution, which applied to J&K from 1964.
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Prepared for exam revision from standard sources, official publications and the Census. Figures and recent developments change, so check official sources before relying on them. Found a mistake? Tell us.