Home The Constitution Part XXI Article 370

Art. 370 Part XXI: Temporary, Transitional and Special Provisions

Temporary Provisions With Respect to the State of Jammu and Kashmir

Exact text — Constitution of India

(1) Notwithstanding anything in this Constitution,—(a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir; (b) the power of Parliament to make laws for the said State shall be limited to—(i) those matters in the Union List and the Concurrent List which... are declared by the President to correspond to matters specified in the Instrument of Accession...; (c) the provisions of article 1 and of this article shall apply in relation to that State; (d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify... (3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative...

In Plain English

What this Article actually means

Originally, this Article gave Jammu & Kashmir a genuinely special constitutional status — its own separate Constitution, limited applicability of the Union Constitution (only matters specified in the original Instrument of Accession, unless the state's own Constituent Assembly, and later government, agreed to more), and its own flag and residency/property laws. In August 2019, the President issued an order (using this Article's own clause 1(d) mechanism) extending the ENTIRE Indian Constitution to J&K, effectively ending its special status, followed by Parliament reorganising the state into two Union Territories (J&K and Ladakh).

Why This Matters To You

How it shows up in everyday life

This is one of the most historically and politically significant Articles in the entire Constitution — its 2019 effective abrogation was among the most consequential constitutional actions in decades, fundamentally changing J&K's governance structure and its relationship with the rest of India.

Landmark Cases

How courts have interpreted this Article

In Re: Article 370 of the Constitution(2023) SC — The Supreme Court unanimously upheld the 2019 Presidential Order's validity, holding J&K never retained residual sovereignty after its 1947 accession to India, and that Article 370 was always intended by the framers as a temporary, transitional provision — not a permanent guarantee of special status. Verify this case

Read alongside this one

Art. 239 — Administration of Union Territories Art. 3 — Formation of New States

Frequently Asked

Quick answers about Article 370

Is Article 370 still part of the Constitution's text?

The Article number remains in the text, but its substantive special-status effect was ended by the 2019 Presidential Order, upheld by the Supreme Court in December 2023 — J&K (now two Union Territories) is governed under the full Indian Constitution like other UTs.

What was the Instrument of Accession?

The legal document Maharaja Hari Singh signed in October 1947, formally acceding Jammu & Kashmir to India — this Article originally limited Parliament's law-making power over J&K to matters covered by that specific document, unless the state separately consented to more.

← PreviousArticle 369: Temporary Power to Parliament to Make Laws With Respect to Certain Matters in the State List as if They Were Matters in the Concurrent List Next →Article 371: Special Provision With Respect to the States of Maharashtra and Gujarat

The text above reproduces Article 370 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.