Article 370 and 35A

The constitutional journey of Jammu and Kashmir represents a singular trajectory in the annals of Indian federalism, characterized by a complex interplay of historical treaties, legal instruments, and political negotiations. For candidates preparing for the Jammu and Kashmir Services Selection Board (JKSSB) examinations, a granular understanding of the history of Article 370 and Article 35A is essential, as it forms the bedrock of the region’s administrative identity. This report serves as an exhaustive scholarly resource, meticulously chronicling the evolution from the princely state’s inception in 1846 to the transformative administrative reforms of 2019, and finally to the contemporary legislative landscape of 2025 and 2026.   

The Genesis of the Political Entity: The Dogra Dynasty and the Treaty of Amritsar

The modern geographical and political entity of Jammu and Kashmir was consolidated through the Treaty of Amritsar, signed on March 16, 1846, between the British Government and Maharaja Gulab Singh. This treaty followed the First Anglo-Sikh War and the Treaty of Lahore, effectively transferring the territory of Kashmir to Gulab Singh for a consideration of 75 lakh Nanakshahi rupees. This transaction not only founded the Dogra dynasty but also unified three distinct regions—Jammu, Kashmir, and Ladakh—under a single sovereign ruler.   

Under the Dogra administration, the state functioned with a high degree of internal autonomy while recognizing British paramountcy. As the 20th century progressed, the internal administration faced pressures to protect the “sons of the soil” from an influx of non-residents seeking state employment and land. Maharaja Hari Singh, the last ruling monarch, institutionalized these protections through the Hereditary State Subject Order of 1927. These orders categorized residents into four classes, establishing a legal precedent for the exclusive rights that would later be constitutionalized under Article 35A.   

The 1947 Transition: Independence, Invasion, and Accession

The partition of the Indian subcontinent in 1947 placed the princely states in a position where they had to choose between the Dominions of India and Pakistan. Maharaja Hari Singh initially sought to maintain an independent status, proposing Standstill Agreements to both nations. While Pakistan accepted the agreement, India remained cautious. The status quo was shattered in October 1947 when armed tribesmen from Pakistan’s frontier, supported by military elements, invaded the state with the intent of forcing a decision.   

In the face of imminent threat to Srinagar, the Maharaja appealed to the Indian government for military intervention. India maintained that military support was contingent upon a legal accession to the Union. Consequently, on October 26, 1947, Maharaja Hari Singh signed the Instrument of Accession (IoA). The Governor-General of India, Lord Mountbatten, formally accepted the accession on October 27, 1947, marking the legal entry of Jammu and Kashmir into the Dominion of India.   

The Instrument of Accession was a standard legal document but carried unique implications for Jammu and Kashmir’s constitutional development. By signing the IoA, the Maharaja surrendered control over only three fundamental subjects: Defense, External Affairs, and Communications. Clause 7 of the IoA explicitly reserved the right of the state not to be bound by any future Constitution of India, and Clause 8 preserved the Maharaja’s sovereignty within the state’s internal borders.   

The Formulation of Article 370: A Temporary Constitutional Bridge

As the Indian Constituent Assembly deliberated on the framework of the Republic, the unique circumstances of Jammu and Kashmir necessitated a transitional provision. Article 370, originally introduced as Article 306A in the draft constitution, was designed to accommodate the limited accession of the state. N. Gopalaswami Ayyangar, the primary architect of the article, justified it as a necessary measure to manage the “special circumstances” prevailing in the state, including the ongoing conflict and the involvement of the United Nations.   

Article 370 was incorporated into Part XXI of the Indian Constitution, titled “Temporary, Transitional and Special Provisions”. This classification is a critical data point for JKSSB aspirants, as it highlights the intended interim nature of the article, which was designed to remain in force until the state’s own Constituent Assembly could finalize its relationship with the Union.   

Core Mechanisms of Article 370

The article established a restrictive legislative relationship between the Union and the State. The legislative powers of the Indian Parliament in J&K were limited to the subjects specified in the IoA, and any extension of other constitutional provisions required the “concurrence” of the State Government. This concurrence was deemed provisional until ratified by the J&K Constituent Assembly. Effectively, J&K was granted the power to have its own separate constitution, its own flag, and autonomy over its internal administration.   

The Delhi Agreement of 1952 and the Enactment of Article 35A

The constitutional relationship was further refined through the Delhi Agreement of 1952, a political accord between the Central Government and the J&K Government. This agreement addressed several sensitive issues, including the abolition of the monarchy, the jurisdiction of the Supreme Court, and the definition of citizenship. A pivotal outcome of this agreement was the decision to protect the traditional land and employment rights of the state’s residents.   

On May 14, 1954, the President of India issued the Constitution (Application to Jammu and Kashmir) Order, 1954. This order introduced Article 35A into the Indian Constitution, bypassing the standard parliamentary amendment process of Article 368. Article 35A empowered the J&K Legislature to define “Permanent Residents” and confer upon them special rights regarding the purchase of property, government employment, and settlement within the state.   

Legal and Social Ramifications of Article 35A

While Article 35A protected local interests, it was frequently criticized for being discriminatory. For decades, Kashmiri women who married individuals from outside the state lost their property inheritance rights, a practice that was partially modified by the J&K High Court in the State vs. Susheela Sawhney case (2002) but remained administratively complex. Furthermore, groups such as West Pakistan Refugees, Valmikis, and Gorkhas—who had resided in the state for generations—were denied permanent residency, thus excluding them from government jobs and the right to vote in state assembly elections.   

The Constitution of Jammu and Kashmir (1956)

Following the 1954 Presidential Order, the J&K Constituent Assembly finalized the state’s own constitution, which was adopted on November 17, 1956, and came into force on January 26, 1957. This constitution formalized the definition of a Permanent Resident, linking it to the 1927 State Subject notifications. Section 3 of this document reiterated that J&K was an integral part of India, a clause that was declared unamendable under Section 147 of the same constitution.   

The period between 1954 and 2018 saw the gradual erosion of the state’s autonomy through approximately 45 Presidential Orders. These orders extended the jurisdiction of the Comptroller and Auditor General, the Election Commission, and various central laws to J&K. In 1965, a significant administrative shift occurred when the office of the Sadr-i-Riyasat was replaced by the Governor, and the Prime Minister of the state was re-designated as the Chief Minister.   

The 2019 Watershed: Abrogation and Reorganisation

A defining moment in J&K’s history occurred on August 5, 2019, when the Government of India revoked the special status granted under Article 370. The mechanism employed was a series of Presidential Orders and a parliamentary act.   

The Legal Mechanism of Abrogation

The President issued Constitutional Order (C.O.) 272, which utilized Article 370(1) to apply the entire Indian Constitution to J&K. Critically, C.O. 272 modified Article 367 to state that the reference to the “Constituent Assembly of the State” in Article 370(3) would be construed as the “Legislative Assembly of the State”. Since the state was under President’s Rule, the Parliament assumed the powers of the state legislature and recommended the abrogation of Article 370. On August 6, 2019, C.O. 273 was issued, declaring all clauses of Article 370 inoperative except for the first clause, which now mandated the full applicability of the Indian Constitution.   

The Jammu and Kashmir Reorganisation Act, 2019

Simultaneously, the Jammu and Kashmir Reorganisation Act, 2019, was passed to bifurcate the state into two Union Territories: Jammu and Kashmir (with a legislature) and Ladakh (without a legislature). The Act came into effect on October 31, 2019.   

The Supreme Court’s Affirmation: The 2023 Judgment

The constitutionality of the abrogation was challenged in the Supreme Court, resulting in a landmark judgment on December 11, 2023. A five-judge bench unanimously upheld the government’s action, stating that Article 370 was a temporary provision necessitated by the wartime conditions of 1947.   

The Court’s reasoning for aspirants to note includes:

• Absence of Sovereignty: The Court held that J&K did not retain any internal sovereignty upon joining the Union, citing the 1949 proclamation by Yuvraj Karan Singh.   
• Presidential Discretion: The President’s power to issue a notification under Article 370(3) was held to be valid even after the dissolution of the State Constituent Assembly.   
• Constitutional Integration: The Court emphasized that Article 370 was a tool for integration, not a permanent barrier to it.   

Following the verdict, the Court directed that the statehood of J&K be restored as soon as possible and that elections be held by September 30, 2024. These elections were subsequently held in September-October 2024, leading to the formation of a new coalition government.   

Delimitation and the New Political Map

The process of redefining assembly constituencies was a critical step in the post-2019 transition. A Delimitation Commission, headed by Justice Ranjana Prakash Desai, was established in 2020 and submitted its final report in May 2022.   

The Commission’s findings resulted in:

• Total Seats: Increased from 83 to 90 (excluding 24 seats reserved for PoK).   
• Regional Allocation: 43 seats for the Jammu region and 47 for the Kashmir region.   
• Historical Reservation: For the first time, 9 seats were reserved for Scheduled Tribes and 7 for Scheduled Castes.   
• Nominated Members: Provisions were made for the nomination of two women members and representatives for the Kashmiri Migrant and West Pakistan Refugee communities.   

In a January 2026 ruling, the Supreme Court clarified that J&K was an exception where delimitation was conducted prior to the 2026 national freeze, as it was necessary for the restoration of the democratic process in the newly formed UT.   

Contemporary Administrative Reforms and Current Affairs (2025–2026)

For JKSSB aspirants, the most high-yield area of study involves the administrative and legislative changes that occurred in late 2025 and early 2026. These updates reflect the shifting governance model in the Union Territory.

The New Reservation Matrix (December 2025)

In December 2025, the J&K Cabinet, led by Chief Minister Omar Abdullah, approved a significant overhaul of the reservation policy. This move was designed to balance the interests of various communities while addressing the shrinkage of the “Open Merit” category, which had previously fallen to approximately 30%.   

The Cabinet Sub-Committee emphasized that these changes were necessary to bring J&K in line with national reservation trends while preserving the rights of historically marginalized groups.   

Key Legislative Updates of 2025–2026

1. J&K Shops and Business Establishment Bill, 2025: Implemented in November 2025, this law allows business establishments to function 24×7 in the UT. This reform is aimed at economic revitalization and aligning J&K with a modern, future-ready labour ecosystem.   
2. J&K Reorganisation (Amendment) Bill, 2025: Introduced in the Lok Sabha in August 2025, this bill mandates the removal of a Chief Minister or Minister if they are detained for more than 30 consecutive days due to serious criminal offences.   
3. Removal of Educational Criteria: The Cabinet approved the removal of educational qualification requirements under the State Marriage Assistance Scheme to ensure wider reach among vulnerable populations.   
4. Panchayati Raj Act Amendments: Efforts were made to raise the upper age limit for the State Election Commissioner to 70 years to ensure administrative continuity.   

Current JKSSB Recruitment Landscape (Early 2026)

The recruitment cycle in 2026 has been particularly active, providing numerous opportunities for graduates and 10th-pass candidates. Aspirants should prioritize the following active notifications:

• Finance Account Assistant (FAA): 600 vacancies under Notification No. 10 of 2025. The application deadline was extended to January 13, 2026, due to high demand.   
• J&K Police Constable Recruitment: In late December 2025, JKSSB announced 1,815 Constable and 487 Armed Police Constable vacancies. The registration for these posts is active from January to March 2026.   
• Health and Medical Education Department: Advt No. 01 of 2026 announced 239 vacancies for various posts including Staff Nurses and Technicians.   
• JKPSC CCE 2025: The results for the Preliminary Exam were declared on January 22, 2026, for 80 vacancies in Administrative, Police, and Accounts services.   

Socio-Economic and Security Impacts: The Post-Abrogation Era

The government’s primary justification for the abrogation of Article 370 was to foster peace and development. Ministry of Home Affairs data from July 2024 reveals a significant transformation in the law-and-order scenario.   

Beyond security, the region has witnessed a surge in tourism, recording over 2 crore visits in 2023. Infrastructure projects like the Srinagar Smart City, Jammu Smart City, and the world’s highest rail bridge over the Chenab River are in advanced stages or completed, facilitating better connectivity and economic growth. The “Holistic Agriculture Development Programme” (HADP) initiated in 2025 aims to double farmers’ income through modernization of saffron cultivation and organic farming.   

Conclusion for JKSSB Preparation

The historical and administrative evolution of Jammu and Kashmir from Article 370 and 35A to the current Union Territory status is a narrative of transition from “special autonomy” to “full integration”. For JKSSB aspirants, success depends on a clear understanding of the Samvat years (1846, 1927), the critical dates of October 1947, May 1954, and August 2019, as well as the most recent legislative shifts of 2025 and 2026.   

The removal of Article 370 has not only changed the constitutional status of the region but has also unified the legislative framework, bringing J&K under the umbrella of 106 central laws and a single national constitution. Understanding the rationale behind the 2023 Supreme Court verdict and the specifics of the new reservation matrix is particularly high-yield for upcoming exams. Aspirants are advised to keep a close watch on official JKSSB notifications and government gazettes for the most accurate and verified updates as the administrative landscape continues to evolve in 2026.  

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Sahil Digra

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