Article 370, which granted special status to Jammu and Kashmir, was abrogated by which constitutional mechanism?
- (a)Presidential Order under Article 370(3)
- (b)Amendment by Parliament under Article 368
- (c)Ordinance by the President
- (d)Order under Article 356
Answer
Why
Correct — A. Article 370(3) let the President, by public notification, declare that the Article shall cease to be operative.
On 6 August 2019, "on the recommendation of Parliament", the President issued C.O. 273 under clause (3). It made every clause of Article 370 inoperative except one, rewritten to apply the whole Constitution to Jammu and Kashmir.
The Supreme Court upheld this on 11 December 2023.
Why the others are wrong
- (b)Amendment by Parliament under Article 368 — No constitutional amendment was passed. Article 370 was made inoperative by a presidential declaration under its own clause (3), not by an amendment bill under Article 368.
- (c)Ordinance by the President — Parliament was sitting. It passed the resolutions recommending the declaration on 5 and 6 August 2019, and an ordinance under Article 123 is only for when Parliament is not in session.
- (d)Order under Article 356 — Article 356 was the setting, not the tool. J&K was under President's Rule at the time, but the declaration ending Article 370 was issued under Article 370(3).
Concept
Article 370 was a temporary provision that limited Parliament's power over Jammu and Kashmir and let the President apply other parts of the Constitution only by order.
The 2019 change came in two orders. C.O. 272 (5 August), under Article 370(1), applied the whole Constitution and made "Constituent Assembly" in the proviso to 370(3) read "Legislative Assembly".
C.O. 273 (6 August), under Article 370(3), then declared the Article inoperative.
A five-judge Supreme Court bench unanimously upheld the abrogation on 11 December 2023, holding Article 370 temporary and the President empowered to revoke it. The Jammu and Kashmir Reorganisation Act, 2019 was a separate law that split the State into two Union Territories.
Key facts
- Article 370(3) empowered the President to declare, by public notification, that the Article shall cease to be operative.
- C.O. 273 of 6 August 2019, issued under Article 370(3) on the recommendation of Parliament, made Article 370 inoperative except a clause applying the whole Constitution to J&K.
- C.O. 272 of 5 August 2019, issued under Article 370(1), superseded the Constitution (Application to Jammu and Kashmir) Order, 1954.
- On 11 December 2023 a five-judge Supreme Court bench unanimously upheld the abrogation.
Study next
Common traps
- Assuming a special-status provision must be removed by an amendment under Article 368 — Article 370 carried its own exit clause.
- Crediting Article 356 because President's Rule was in force — it supplied the setting, not the power.
Article 356 itself is asked at 19 Sep 2024, 16:00, GA Q.13, which names it as the provision for President's Rule in a State.
Related PYQs
No directly related past PYQ was found.