Article 370 and 35A: Indian Constitution

What is Article 370?

Article 370 exempts J&K from the Indian Constitution (except Article 1 and Article 370 itself) and permits the state to draft its own Constitution. It restricts Parliament’s legislative powers in respect of J&K. For extending a central law on subjects included in the Instrument of Accession (IoA), mere “consultation” with the state government is needed. But for extending it to other matters, “concurrence” of the state government is mandatory. 

IoA:

The IoA gave India’s Parliament the power to legislate in respect of J&K only on the matters of defense, external affairs, communications, and elections to the dominion legislature and offenses against laws concerning any of the said matters.

 

Raja Hari Singh had initially decided to remain independent, but following an invasion from Pakistan, he sought the help of India, which in turn sought the accession of Kashmir to India. Hari Singh signed the Instrument of Accession (IoA) on October 26, 1947, and Governor-General Lord Mountbatten accepted it on October 27, 1947.

Who imposed it? When was it imposed?

The original draft was given by the Government of J&K. Following modification and negotiations, Article 306A (now 370) was passed in the Constituent Assembly on May 27, 1949.

What is Article 35A?

Article 35A empowers the J&K legislature to define the state’s permanent residents and their special rights and privileges.

Who imposed it? When was it imposed?

Article 35A stems from Article 370, having been introduced through a Presidential Order in 1954.

It's removal:

The BJP on 5th August 2019 fulfilled its election promise of removing the special status for Jammu and Kashmir in India’s Constitution. While this provision (Article 370) remains in the constitution, it has been used to withdraw the special status of Jammu and Kashmir.