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Article 370 of the Constitution of India

What is Article 370 of the Constitution of India


The clause 7 of the Instrument of Accession signed by Maharaja Hari Singh declared that the State could not be compelled to accept any future Constitution of India. The State was within its rights to draft its own Constitution and to decide for itself what additional powers to extend to the Central Government. The Article 370 was designed to protect those rights.[17] According to the constitutional scholar A. G. Noorani, the Article 370 records a 'solemn compact'. Neither India nor the State can unilaterally amend or abrogate the Article except in accordance with the terms of the Article
Article 370 embodied six special provisions for Jammu and Kashmir:
  1. It exempted the State from the complete applicability of the Constitution of India. The State was allowed to have its own Constitution.
  2. Central legislative powers over the State were limited, at the time of framing, to the three subjects of defence, foreign affairs and communications.
  3. Other constitutional powers of the Central Government could be extended to the State only with the concurrence of the State Government.
  4. The 'concurrence' was only provisional. It had to be ratified by the State's Constituent Assembly.
  5. The State Government's authority to give 'concurrence' lasted only until the State Constituent Assembly was convened. Once the State Constituent Assembly finalised the scheme of powers and dispersed, no further extension of powers was possible.
  6. The Article 370 could be abrogated or amended only upon the recommendation of the State's Constituent Assembly.
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