Article 370 of Indian Constitution History and Provisions.

 Jammu and Kashmir, which is part of the wider area of Kashmir and is situated in the northern section of the Indian subcontinent and has been the subject of a conflict between India, Pakistan, and China since 1947, was granted special status under Article 370 of the Indian constitution. Article 370 granted Jammu and Kashmir the authority to have a separate constitution, a state flag, and internal administrative autonomy while it was governed by India as a state from 1952 until 31 October 2019.

● The Government of India issued a Presidential Order on August 5, 2019, which replaced the order from 1954 and made Jammu and Kashmir subject to all of the articles of the Indian Constitution.
● The resolution that received a two-thirds majority in both chambers of the Indian parliament served as the foundation for the order. All of Article 370’s clauses—all but clause 1—were rendered inoperative by a subsequent order on August 6.
● Additionally, the parliament approved the Jammu and Kashmir Reorganisation Act, 2019, which established the division of the state of Jammu and Kashmir into the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh. The restructuring happened on October 31, 2019.
● The Supreme Court of India received a total of 23 petitions contesting the central government’s intention to repeal Article 370 of the Constitution, which resulted in the formation of a five judge bench.

Article 370 of Indian Constitution Provisions

● Except in circumstances involving defence, foreign affairs, finance, and communications, Parliament needs the Jammu & Kashmir government’s consent before enacting laws in the territory.
● Residents of Jammu and Kashmir are subject to distinct citizenship, property, and fundamental rights laws than those of the rest of India. Article 370 prohibits residents of other states from purchasing real estate in Jammu and Kashmir. The Centre is not authorised by Article 370 to declare a state financial emergency.
● It’s vital to note that Article 370(1)(c) specifically states that Kashmir is subject to Article 370’s application of Article 1 of the Indian Constitution. The Union’s states are listed in Article 1. This indicates that the state of J&K is bound to the Indian Union by Article 370. Unless new overriding laws are created, removing Article 370, which can be done by a Presidential Order, would make the state independent of India.
● Both India and Pakistan claim full sovereignty over the Himalayan territory of Kashmir.
● Previously known as Jammu and Kashmir, the region became part of India in 1947, not long after the subcontinent was partitioned following the end of British administration.
● A ceasefire line was agreed upon after India and Pakistan went to war over it and came to control separate portions of the area.
● The state of Jammu and Kashmir, which is controlled by India, has experienced violence for 30 years as a result of a separatist uprising against Indian rule.