Article 370, which granted special status to Jammu and Kashmir, was abrogated by which constitutional mechanism?

Question

Article 370, which granted special status to Jammu and Kashmir, was abrogated by which constitutional mechanism?

1. A. Presidential Order under Article 370(3) (Correct answer)
2. B. Amendment by Parliament under Article 368
3. C. Ordinance by the President
4. D. Order under Article 356

Correct Answer

Option A — Presidential Order under Article 370(3)

Detailed Solution & Explanation

The correct answer is Presidential Order under Article 370(3).

Key Points

• Article 370 was rendered inoperative on 5 August 2019 through Presidential Order C.O. 273, issued under the power in Article 370(3) to declare the article inoperative by public notification.
• Parliament did not use its amending power under Article 368 — which is why option B is wrong, and why the mechanism itself is the point of the question.
• The related C.O. 272 applied all provisions of the Constitution to Jammu and Kashmir and reinterpreted "Constituent Assembly of the State" as "Legislative Assembly".
• The Jammu and Kashmir Reorganisation Act, 2019 then split the state into two Union Territories — Jammu & Kashmir (with a legislature) and Ladakh (without one) — effective 31 October 2019.
• In In Re: Article 370 (December 2023) the Supreme Court upheld the abrogation and directed that statehood be restored.

Additional Information

• Article 370 was a temporary provision in Part XXI, titled "Temporary, Transitional and Special Provisions", which is why its abrogation was argued on the text's own terms.
• Article 35A, introduced by a 1954 Presidential Order, had allowed the state to define permanent residents and their special rights; it ceased with the 2019 orders.
• Article 371 and its sub-clauses continue to provide special provisions for several states, including Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh and Sikkim — commonly confused with 370, and worth learning as the surviving counterpart.

प्रश्न (हिन्दी में)

जम्मू-कश्मीर को विशेष दर्जा देने वाले अनुच्छेद 370 को किस संवैधानिक तंत्र द्वारा निरस्त किया गया?

1. A. अनुच्छेद 370(3) के तहत राष्ट्रपति का आदेश
2. B. अनुच्छेद 368 के तहत संसद द्वारा संशोधन
3. C. राष्ट्रपति द्वारा अध्यादेश
4. D. अनुच्छेद 356 के तहत आदेश