Article 370 of the Constitution of India: Jammu and Kashmir Provisions
Article 370 was placed in Part XXI of the Constitution as a temporary provision concerning the former State of Jammu and Kashmir. This page reproduces the substance of the original provision and explains the major constitutional developments of August 2019 and the Supreme Court judgment delivered on 11 December 2023.
Updated: 19 September 2026
What did Article 370 provide?
Article 370 created a special constitutional mechanism for applying provisions of the Constitution of India to the former State of Jammu and Kashmir. In its original framework, it addressed Parliament's legislative power in relation to the State, the application of Articles 1 and 370, the application of other constitutional provisions through Presidential Orders, and the mechanism in clause (3) concerning cessation or modification of Article 370.
Original text and structure of Article 370
Article 370 - Temporary provisions with respect to the State of Jammu and Kashmir
(1) Notwithstanding anything in this Constitution:
(a) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be limited to matters in the Union List and Concurrent List corresponding to matters specified in the Instrument of Accession, as declared by the President in consultation with the Government of the State, and to such other matters in those Lists as the President may specify with the concurrence of the Government of the State.
Explanation: For the purposes of the Article, the expression "Government of the State" was defined by reference to the authority recognised by the President and the constitutional arrangements then prevailing in Jammu and Kashmir.
(c) Article 1 and Article 370 shall apply in relation to that State.
(d) other provisions of the Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may specify by order, with consultation or concurrence as required by the provisos to the clause.
(2) Where concurrence referred to in clause (1) was given before the Constituent Assembly of the State was convened, it was to be placed before that Assembly for its decision.
(3) The President could, by public notification, declare that Article 370 would cease to operate or would operate with specified exceptions and modifications, subject to the proviso concerning the recommendation of the Constituent Assembly referred to in clause (2).
Constitutional changes in August 2019
On 5 August 2019, the Constitution (Application to Jammu and Kashmir) Order, 2019, C.O. 272, was issued under Article 370(1). It superseded the Constitution (Application to Jammu and Kashmir) Order, 1954 and provided that all provisions of the Constitution, as amended from time to time, would apply in relation to Jammu and Kashmir, subject to the stated modifications.
On 6 August 2019, a declaration under Article 370(3), C.O. 273, was issued concerning the operation of Article 370. These measures substantially changed the constitutional framework that had previously applied to Jammu and Kashmir.
Jammu and Kashmir Reorganisation Act, 2019
The Jammu and Kashmir Reorganisation Act, 2019 reorganised the former State. From the appointed day, 31 October 2019, the territories were reorganised into the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh. The Act contains provisions dealing with representation, administration, legislative arrangements, services, assets, liabilities and adaptation of laws.
Supreme Court judgment on Article 370
In In Re: Article 370 of the Constitution, decided on 11 December 2023, the Supreme Court addressed challenges to the 2019 constitutional measures. The Court held, among other things, that Article 370 was a temporary provision and upheld the exercise of presidential power that resulted in the application of the Constitution of India to Jammu and Kashmir and the cessation of the special constitutional arrangement under Article 370.
The judgment should be read directly for the Court's complete reasoning, including the separate opinions and its treatment of the issues concerning Article 370, federalism and reorganisation.
Official legal resources
For authoritative and updated material, see the Legislative Department - Constitution of India, the India Code - Jammu and Kashmir Reorganisation Act, 2019, and the Supreme Court of India. The official Constitution editions include the 2019 Application Order and declaration concerning Article 370 in the appendices.
Related constitutional provisions
Readers may also refer to Articles 368 and 369, Article 371, and the main Constitution of India 1949 page.