Special Status: Article 370

Article 370 of the constitution of India gives special status to the state of Jammu and Kashmir. A fierce nationwide controversy has often been raised about it. Its deletion or retention has been advocated with equal vehemence .

What are the circumstances under which Article 370 was incorporated in the constitution of India?

On October 26, 1947, Maharaja Hari Singh executed the instrument of accession by which they he surrendered the jurisdiction of three subjects- Defence, Foreign affairs and Communications to the Union Government The sum and substance of Article 370 is that with regard to Jammu and Kashmir, in addition to these three subjects , the Union Parliament can make laws with regard to the items in the Union and Concurrent Lists , but only with the concurrence of the State Government. This puts Jammu and Kashmir on a special footing.

Article 370 is transitional in nature. The issue of Accession was finally settled when the constituent assembly of Jammu & Kashmir ratified the State's accession to India. But the issue of the jurisdiction of the Parliament to subjects other than Defence, Foreign affairs and Communications was kept flexible. The President of India could, with the concurrence of the State Government, extend provisions of the Indian Constitution through the State of Jammu & Kashmir.

The position, in brief, today, is that a number of provisions of the Indian constitutions stand extended to the state of Jammu & Kashmir. Important amongst these extensions are Article 356 and the  Jurisdiction of the Supreme Court, Election Commission and the Comptroller & Auditor General. There is however, still a vast area which remains under the exclusive jurisdiction of the State government.