Article 370 and Article 35A

What Article 370 said

Art 370 was in Part XXI ("Temporary, Transitional and Special Provisions") of the Constitution, adopted on 17 October 1949 on the initiative of N. Gopalaswami Ayyangar, a Minister without portfolio in the Union government.

• Parliament's power to make laws for J&K was limited to the Union and Concurrent List matters in the Instrument of Accession, and others only with the concurrence of the State government.
• Art 1 and Art 370 applied automatically. The President could extend other provisions by an order, with the State government's concurrence.
• Art 370(3): the President could declare it inoperative only on the recommendation of the Constituent Assembly of J&K, which had ceased to exist in 1957.

How it was eroded

Article 35A

• Added by the Presidential Order of 1954 under Art 370(1)(d). It was not passed under the amendment procedure of Art 368 of the Constitution.
• It gave the J&K Legislature the power to define "permanent residents" and give them special rights in government jobs, property, scholarships and settlement. It dated back to the State Subject notifications of the Maharaja in 1927 and 1932.
• It was criticised for excluding women who married non-residents (their rights lapsed). The J&K High Court held in 2002 (State v Dr Susheela Sawhney) that the daughter's rights do not lapse.

Special features of the old J&K

• Its own Constitution (1957) and flag.
• A six-year Assembly term.
• Emergency under Art 360 could not be proclaimed. A national emergency needed the State's concurrence if on grounds of internal disturbance.
• Directive Principles did not apply and no Union law on State matters without concurrence.
• Residuary powers were with the State.