Revocation of J&K's special status on August 5, 2019
The Government of India revoked the special status, or limited autonomy, granted under Article 370 of the Indian Constitution to Jammu and Kashmir
On 5 August 2019, the Government of India revoked the special status, or limited autonomy, granted under Article 370 of the Indian Constitution to Jammu and Kashmir—a region administered by India as a state, and a part of the larger region of Kashmir, which has been the subject of dispute between India, Pakistan, and China since 1947.
Article 370 of the Constitution of India is a 'temporary provision' inserted on 17 October 1949 which gave special powers to the state of Jammu and Kashmir, lawfully authorising it to have its own constitution. Accordingly, the provisions of only Article 1 and Article 370 of the Indian Constitution applied to the state.
So, for the Central government to extent the coverage of a central law to the state on subjects included in the Instrument of Accession (IoA), it needed "consultation" while for extending the coverage of laws on other subjects, it needed "concurrence" of the state government.
Similarly, Article 35A of the Constitution of India, introduced through a constitutional order in 1954, authorised the state legislature to define 'permanent residents'. Those defined as permanent residents were entitled to property rights, employment, scholarships and other social benefits in the state.
In April 2018, the Supreme Court of India ruled that Article 370 had attained permanency since the state constituent assembly has ceased to exist. To overcome this legal challenge, the Indian government instead rendered Article 370 as 'inoperative' even though it still exists in the constitution.
On 5 August, a presidential order was issued – the Constitution (Application to Jammu and Kashmir) Order, 2019 – which superseded the Constitution (Application to Jammu and Kashmir) Order, 1954. The August 2019 Presidential order stated that all the provisions of the Indian Constitution applied to Jammu and Kashmir. This in effect meant that the separate Constitution of Jammu and Kashmir stood abrogated, and a single constitution now applied to all the Indian states.