In Re: Article 370 of the Constitution (2023)

This case checks if the Union of India could remove Article 370 and split Jammu & Kashmir into two Union Territories in August 2019. Petitioners said the move broke federal rules and procedure. The Supreme Court upheld the abrogation and the reorganisation.

• Holding: Article 370 was transitional. The President could end it once special conditions were over.
• Reorganisation: Parliament could create Union Territories from the State under Article 3 even during President’s Rule.
• Direction: Elections in the Union Territory of J&K by 30 Sep 2024, and note of possible statehood restoration.

Issues

1. Was Article 370 temporary or had it become permanent?
2. Could the entire Constitution be applied to J&K via Article 370(1)(d)?
3. Could the President abrogate Article 370 without a recommendation from the J&K Constituent Assembly?
4. Were the proclamation and extensions of President’s Rule valid?
5. Was the J&K Reorganisation Act, 2019 valid under Article 3?
6. Could a State be converted into Union Territories during President’s Rule?

Rules

• Article 370: Special arrangement for J&K; changes via Presidential Orders with consultation/concurrence.
• Article 3: Parliament may form new States or Union Territories and change boundaries after referring the proposal to the State legislature.
• Article 356: President’s Rule allows Parliament/President to perform State functions.

Key instruments: C.O. 272 (extended the entire Constitution to J&K) and C.O. 273 (abrogated Article 370).

Arguments

Judgment

• Temporary Nature: Article 370 was a transitional tool to manage special conditions; it did not freeze permanently.
• Presidential Power: C.O. 272’s paragraph substituting the “Constituent Assembly” with the “State Legislature” was unconstitutional; still, the President could end Article 370 after conditions changed.
• Sovereignty: J&K was an integral part of India after accession; asymmetric federalism did not mean shared sovereignty.
• President’s Rule: Major decisions are not barred merely because they are irreversible; Parliament may exercise State functions.
• Reorganisation: The 2019 Act passed muster under Article 3; referral to the legislature is consultative, and during President’s Rule Parliament may act.

Result: Abrogation and bifurcation upheld. Elections for UT of J&K to be held by 30 September 2024; restoration of statehood noted from Government’s assurance.

Ratio

Article 370 was meant to fade once conditions normalised. The President’s power under Article 370, read with the scheme of Part XXI and the Union’s supremacy in constitutional integration, allowed abrogation. Article 3 authorises Parliament to reorganise States; consultation is not consent.

Why It Matters

• Clarifies the nature and end-point of Article 370.
• Defines what the Union can do during President’s Rule.
• Explains Parliament’s power to reorganise States and Union Territories.
• Shapes India’s federal structure and centre–state balance.

Key Takeaways

• 370 = Transitional: Not a permanent seal.
• President Can Act: No binding veto from a dissolved body.
• Article 3 Works: Reorganisation is a Parliamentary tool.
• During 356: Parliament may perform State functions.
• No Dual Sovereignty: Accession made J&K integral to India.

Mnemonic + 3-Step Hook

Mnemonic: “T-P-R-3” — Temporary 370, Presidential power, Reorganisation under Article 3.

1. See a Temporary tag on “370”.
2. Hear a “President Approved” stamp.
3. Place J&K blocks into two UT trays labelled “Article 3”.

IRAC Outline

Issue: Validity of abrogation of Article 370 and J&K’s reorganisation.

Rule: Articles 370, 3, and 356; C.O. 272 & 273; federal structure under the Constitution.

Application: 370 treated as transitional; President’s authority survived; Parliament’s powers operate during President’s Rule; Article 3 consultation not consent.

Conclusion: Abrogation and reorganisation upheld; elections directed; possible statehood restoration noted.

Glossary

Article 370

Special provision for J&K’s constitutional link with India.

C.O. 272 / 273

Presidential Orders applying the Constitution and ending Article 370.

Article 3

Power of Parliament to reorganise States/UTs.

President’s Rule (Art. 356)

Central control when State constitutional machinery fails.

Asymmetric Federalism

Different constitutional treatment for a particular region.

FAQs

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