Special Provisions

Story hook

It is 5 August 2019, a Monday morning at 8:30 AM in Lok Sabha. Home Minister Amit Shah rises to introduce Constitution (Application to Jammu and Kashmir) Order, 2019 (Constitutional Order 272) issued by President Ram Nath Kovind that morning at 6:45 AM. The order modifies Article 370, effectively extending the entire Constitution to J&K and removing all special provisions. Simultaneously, the Jammu and Kashmir Reorganisation Bill, 2019 is introduced — converting the state into two Union Territories: J&K (with assembly) + Ladakh (without assembly).

By 6 August evening, both Houses pass the Reorganisation Act with unprecedented majority. President Kovind gives assent on 9 August 2019. Effective 31 October 2019 (Sardar Patel's birth anniversary), the state of J&K formally ceases to exist — for the first time since 1947.

72 years after Maharaja Hari Singh signed the Instrument of Accession on 26 October 1947, Article 370 — which gave J&K special autonomy — is effectively abrogated. Article 35A — which permitted special privileges for J&K residents — is removed alongside.

For UPSC, Article 370 is one of the most-tested current affairs

• polity topics since 2019. The Supreme Court's December 2023 verdict in Re: Article 370 unanimously upheld the abrogation. Statehood restoration is the next constitutional question. This file walks through the history, mechanics, abrogation process, and 2023 SC verdict.

Why this matters for UPSC

Article 370 sits at intersection of:

• Federalism + federal asymmetry.
• Constitutional sovereignty vs state autonomy.
• National integration + strategic geography.
• Judicial review of presidential orders + parliamentary acts.

For UPSC:

• Prelims: Article 370 + Article 35A timeline; Reorganisation Act 2019; Constitutional Order 272; SC verdict 2023.
• Mains GS-II: Federalism implications; constitutional amendment vs presidential order debate; comparison with Article 371 series.

This file covers the historical context, Article 370 + 35A mechanics, 1950-2019 evolution, 5 August 2019 abrogation, SC verdict December 2023, and current status.