J&K Plebiscite Promise and Article 370 Debate

J&K Plebiscite Promise and Article 370 Debate

Sub: Polity

Sec: Constitution

Context:

• Jammu & Kashmir (J&K) Chief Minister Omar Abdullah, in an interview on February 25, 2025, discussed the historical context of Article 370 and the plebiscite promise made at the time of J&K’s accession to India.
• His remarks come in the wake of former Chief Justice of India D.Y. Chandrachud’s recent interview, where he termed Article 370 as “temporary and transitory.”

Article 370 and Temporary Status

• Mr. Abdullah stated that Article 370 was described as “temporary or transitional” because J&K’s status was not fully formalized in 1947.
• He linked this to the promise of a plebiscite made at the time of accession, highlighting that J&K’s future was meant to be determined democratically.
• He revisited the Instrument of Accession signed by Maharaja Hari Singh in 1947, emphasizing that both the accession and the conditions attached to it should be treated equally.

Post-Abrogation Developments

• Mr. Abdullah acknowledged that after the abrogation of Article 370 in 2019, there has been a change in the atmosphere in J&K.
• He noted the decline in separatist activities and mentioned that it was “unthinkable earlier for the Mirwaiz to be provided with CRPF cover.”

Reactions to Mr. Abdullah’s Remarks

• Waheed-ur-Rehmaan Parra questioned Mr. Abdullah’s claims, attributing the calm in Kashmir to laws like UAPA, PSA, NIA activities, and administrative actions like dismissals under Article 311
• Some argued that Mr. Abdullah’s comments increased the vulnerability of Mirwaiz and pointed out that many shrines and mosques in Kashmir are also under security cover.

Article 370 and 35(A) Revocation – August 5, 2019

On August 5, 2019, the President of India issued the Constitution (Application to Jammu and Kashmir) Order, 2019. This order effectively nullified the special status granted to Jammu and Kashmir under Article 370, thereby ensuring that all provisions of the Indian Constitution now apply to the region.

• The order came into immediate effect and superseded the Constitution (Application to Jammu and Kashmir) Order, 1954.
• Additionally, the Jammu and Kashmir Reorganisation Bill, 2019, was introduced to restructure the state into two Union Territories:
  • Jammu and Kashmir (with legislature)
  • Ladakh (without legislature)
• The Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 was also introduced to extend reservations for the Economically Weaker Sections (EWS) in education and government jobs.

Historical Background

• Jammu and Kashmir became part of India when Maharaja Hari Singh signed the Instrument of Accession on October 26, 1947.
• Article 370 initially allowed only Articles 1 and 370 of the Indian Constitution to apply to J&K, while the application of other provisions required presidential approval, in consultation with the state government.
• The Constitution Order of 1950 defined the subjects on which the Union Parliament could legislate for J&K, adding 38 subjects from the Union List in line with the Instrument of Accession.

Key Features of Article 370

• Found in Part XXI of the Constitution, which includes Temporary, Transitional, and Special Provisions.
• Served as the foundation of J&K’s special status.
• Allowed J&K to have a separate Constitution.
• Limited the Union Parliament’s legislative powers over J&K to matters specified in the Instrument of Accession (defense, foreign affairs, and communications), with other subjects requiring presidential approval in consultation with the state government.
• Defined the process for Article 370’s revocation, which originally required the recommendation of the J&K Constituent Assembly. However, this requirement was overridden by the 2019 Presidential Order.