GS Paper 2 12.5 marks · 200w 14 min Hard

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.

Subtopic: Constitution & Polity · Article 370 & special provisions

Model answer outline

How to structure your answer

Introduction → textual temporariness: placement in Part XXI and the Constituent Assembly mechanism → why it endured: J&K Constituent Assembly's dissolution and judicial affirmations of continuance → the 2019 abrogation and its constitutional route → Supreme Court's 2023 verdict and remaining questions of statehood → Conclusion

Full model answer

Detailed model answer

233 words · target 200 words · 14 min

Introduction

Article 370 sat in Part XXI of the Constitution under the heading of temporary, transitional and special provisions, and its marginal note itself called it a temporary provision for Jammu and Kashmir. Its temporariness, however, remained contested for seven decades.

How temporary was it?

Textually, it was transitional: it limited Parliament's legislative power over J&K and made the Constitution applicable there only through Presidential Orders with the State's concurrence.
Clause (3) allowed the President to declare it inoperative, but only on the recommendation of the J&K Constituent Assembly. When that Assembly dissolved in 1957 without recommending abrogation, the exit route seemed closed.
In Sampat Prakash (1968) the Supreme Court held Article 370 continued in force despite the Assembly's dissolution, giving a temporary provision practical permanence.

Its trajectory in Indian polity

On 5 August 2019, Presidential Orders C.O. 272 and 273 applied the entire Constitution to J&K and declared Article 370 inoperative; the J&K Reorganisation Act, 2019 created two Union Territories.
In In re Article 370 (2023), a five-judge Constitution Bench unanimously upheld the abrogation, holding the provision temporary, denying J&K any residual internal sovereignty, and directing early restoration of statehood; Assembly elections followed in 2024.

Conclusion

Article 370 proved temporary in law though durable in politics. The Court, however, left open whether Parliament can convert a State into Union Territories. The unfinished agenda now is restoring full statehood, which the Union has assured, and deepening democratic integration of J&K within the constitutional framework.

Key points

What an examiner expects to see

Article 370 was placed in Part XXI (Temporary, Transitional and Special Provisions) with a marginal note calling it temporary — evidence of intended transience.
Clause (3) made abrogation conditional on the J&K Constituent Assembly's recommendation; the Assembly dissolved in 1957 without one, creating an apparent dead-end.
Sampat Prakash v State of J&K (1968) held Article 370 survived the Constituent Assembly's dissolution, converting a temporary article into a de facto permanent one.
C.O. 272 read 'Constituent Assembly' as 'Legislative Assembly' via Article 367, enabling C.O. 273 to declare Article 370 inoperative on 5-6 August 2019.
In re Article 370 (2023): unanimous 5-judge bench upheld abrogation — Article 370 was temporary, J&K retained no internal sovereignty after accession, and statehood must be restored at the earliest.
The J&K Reorganisation Act 2019 bifurcated the State into two UTs; Assembly elections were held in September-October 2024 as directed by the Court.
Future prospects now centre on restoration of statehood, and the constitutionality of degrading a State into UTs, which the Court left open.

Examples to use

Concrete cases, schemes and judgments

Sampat Prakash v State of J&K (1968) — Article 370 continues despite Constituent Assembly's dissolution
SBI v Santosh Gupta (2016) — SC observed Article 370 had acquired permanence in practice
Presidential Orders C.O. 272 and C.O. 273 (August 2019) and the J&K Reorganisation Act, 2019
In re Article 370 judgment (11 December 2023) upholding abrogation and ordering elections by September 2024
J&K Assembly elections of September-October 2024 — first since reorganisation

Keywords / terms

Terminology to weave into the answer

Part XXI temporary provisionsInstrument of AccessionPresidential Order C.O. 272internal sovereigntyasymmetric federalismstatehood restoration