UPSC Previous Year Question | Mains GS2 | 2016

To what extent is Article 370 of the Indian Constitution, bearing marginal note “temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss the future prospects of this provision in the context of Indian polity. (Not more than 200 words)

Answer

Introduction

Before 2019, Article 370 governed the constitutional relationship between Jammu and Kashmir and the Union. Its marginal note described it as temporary, but its operation had acquired considerable institutional and political durability.

Constitutional Distinctiveness

Why the provision was constitutionally distinctive

  • Parliament's power to legislate for the State was initially limited to specified subjects and could be extended through Presidential Orders with the State government's concurrence.
  • Article 370(3) contemplated a declaration of inoperability by the President on recommendation of the State's Constituent Assembly; that body ceased to exist in 1957 without making such a recommendation.
  • Presidential Orders progressively applied much of the Indian Constitution, producing integration alongside formal asymmetry.

Prospects In 2016 Context

Prospects in the 2016 context

  • Its future depended on constitutional interpretation, political consent, federal dialogue and the Union–State relationship, not merely on the marginal note.
  • Arguments for retention emphasised autonomy, identity and the original terms of accession; arguments for change stressed equality and national integration.
  • A durable resolution required democratic consultation and constitutional process. The later history of the provision must not be projected backward into a 2016 answer.

Keywords

Keywords: Article 370; temporary provision; Presidential Orders; State Constituent Assembly; asymmetrical federalism; constitutional dialogue.

Topics: article 370 and jammu and kashmir, constitutional provisions, polity and governance, special provisions