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Article 370 of the Constitution of India
Article 370 of the Constitution of India

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The state of Jammu and Kashmir'soriginal accession, like all other princely states, was on three matters:defence, foreign affairs and communications. All the princely states wereinvited to send representatives to India's Constituent Assembly, which wasformulating a constitution for the whole of India. They were also encouraged toset up constituent assemblies for their own states. Most states were unable toset up assemblies in time, but a few states did, in particular SaurashtraUnionTravancore-Cochin and Mysore.Even though the States Department developed a model constitution for thestates, in May 1949, the rulers and chief ministers of all the states met andagreed that separate constitutions for the states were not necessary. Theyaccepted the Constitution of India as their own constitution. The states thatdid elect constituent assemblies suggested a few amendments which wereaccepted. The position of all the states (or unions of states) thus becameequivalent to that of regular Indian provinces. In particular, this meant thatthe subjects available for legislation by the central and state governments wasuniform across India.[4]

In the case of Jammu and Kashmir, the representativesto the Constituent Assembly[5] requestedthat only those provisions of the Indian Constitution that corresponded to theoriginal Instrument of Accession should be applied to the State. Accordingly,the Article 370 was incorporated into the Indian Constitution, which stipulatedthat the other articles of the Constitution that gave powers to the CentralGovernment would be applied to Jammu and Kashmir only with the concurrence ofthe State's constituent assembly. This was a "temporary provision" inthat its applicability was intended to last till the formulation and adoptionof the State's constitution.[6] However,the State's constituent assembly dissolved itself on 25 January 1957 withoutrecommending either abrogation or amendment of the Article 370. Thus theArticle has become a permanent feature of the Indian constitution, as confirmedby various rulings of the Supreme Court of India and the High Court of Jammu and Kashmir,the latest of which was in April 2018