In December 2023, the Supreme Court
unanimously upheld the power of the
President to abrogate Article 370 in August
2019.
Underscoring that J&K became an integral
part of the territory of India with the
adoption of the Indian constitution, the court
observed that any interpretation of Article
370 cannot postulate that the integration of
J&K with India was temporary.
Article 370 of the Constitution was a
temporary provision which promises to grant
autonomous status to Jammu and Kashmir
and limits Parliament’s powers to make
laws for the state.
Included in the Constitution on 17 October,
1949, It lays down that only two Articles of
the Constitution- Article 1 which defines
India and Article 370 itself-will apply to
Jammu and Kashmir.
Article 370(3) permits its deletion by a
Presidential Order. But such an order is to
be preceded by the concurrence of J&K’s
Constituent Assembly.
Jammu and Kashmir Reorganisation Act,
2019 revised the definitions of Constituent
Assembly and Government to help enable the
abrogation.