Article 369 ('Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the...
Article 370 of the Indian Constitution was incorporated in 1949 as a 'temporary provision' following the accession of Jammu and Kashmir to India via the Instrument of Accession signed by Maharaja Hari Singh in October 1947.
Key Constitutional Framework:
1. Historical Autonomy: Under Article 370, Parliament's lawmaking power over J&K was initially limited to Defence, External Affairs, Communications, and related financial matters. For other laws, concurrence or consultation of the State Government was required, and the State maintained its own separate Constitution (adopted in 1956).
2. The August 2019 Constitutional Abrogation: On August 5–6, 2019, the President issued Constitution Orders C.O. 272 and C.O. 273. These orders declared all clauses of Article 370 inoperative, applying the entire Constitution of India without exception.
3. Reorganisation: Simultaneously, Parliament enacted the Jammu and Kashmir Reorganisation Act, 2019, bifurcating the former State into two Union Territories: Jammu & Kashmir (with a legislative assembly) and Ladakh (without an assembly).
4. Unanimous Supreme Court Ruling (December 11, 2023): A 5-judge Constitution Bench headed by Chief Justice D.Y. Chandrachud unanimously upheld the abrogation, establishing that:
• J&K retained no internal sovereignty upon joining India.
• Article 370 was always a temporary transitional provision intended to facilitate constitutional integration.
• The President had constitutional power under Article 370(3) to declare the article inoperative even after the dissolution of the State Constituent Assembly in 1957.
• The Court directed the Election Commission of India to conduct assembly elections and directed restoration of statehood at the earliest.
Article 371 ('Special provision with respect to the States of Maharashtra and Gujarat') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: (2) Notwithstanding anything in this Constitution, the President may by order made with respect to the State of Maharashtra or Gujarat], provide for any special responsibility of the Governor for — (a) the establishment of separate...
Article 371A ('Special provision with respect to the State of Nagaland') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: (1) Notwithstanding anything in this Constitution, — (a) no Act of Parliament in respect of — (i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal...
Article 371B ('Special provision with respect to the State of Assam') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of...
Article 371C ('Special provision with respect to the State of Manipur') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: (1) Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of...
Article 371D ('Special provisions with respect to the State of Andhra Pradesh') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: (1) The President may by order made with respect to the State of Andhra Pradesh provide, having regard to the requirements of the State as a whole, for equitable opportunities and facilities for the people belonging to different parts of...
Article 371E ('Establishment of Central University in Andhra Pradesh') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh.
Article 371F ('Special provisions with respect to the State of Sikkim') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: Notwithstanding anything in this Constitution, — (a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members; (b) as from the date of commencement of the Constitution (Thirty-sixth Amendment)...
Article 371G ('Special provision with respect to the State of Mizoram') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: Notwithstanding anything in this Constitution, — (a) no Act of Parliament in respect of — (i) religious or social practices of the Mizos, (ii) Mizo customary law and procedure, (iii) administration of civil and criminal justice...
Article 371H ('Special provision with respect to the State of Arunachal Pradesh') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: Notwithstanding anything in this Constitution, — (a) the Governor of Arunachal Pradesh shall have special responsibility with respect to law and order in the State of Arunachal Pradesh and in the discharge of his functions in relation...
Article 371I ('Special provision with respect to the State of Goa') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa shall consist of not less than thirty members.
Article 372 ('Continuance in force of existing laws and their adaptation') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: (1) Notwithstanding the repeal by this Constitution of the enactments referred to in article 395 but subject to the other provisions of this Constitution, all the law in force in the territory of India immediately before the commencement...
Article 372A ('Power of the President to adapt laws') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: (1) For the purposes of bringing the provisions of any law in force in India or in any part thereof, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, into accord with the provisions of this...
Article 373 ('Power of President to make order in respect of persons under preventive detention in certain cases') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: Until provision is made by Parliament under clause (7) of article 22, or until the expiration of one year from the commencement of this Constitution, whichever is earlier, the said article shall have effect as if for any reference to...
Article 374 ('Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: (1) The Judges of the Federal Court holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the Supreme Court and shall thereupon be...
Article 375 ('Courts, authorities and officers to continue to function subject to the provisions of the Constitution') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the...
Article 376 ('Provisions as to Judges of High Courts') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: (1) Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Province holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such...
Article 377 ('Provisions as to Comptroller and Auditor-General of India') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: The Auditor-General of India holding office immediately before the commencement of this Constitution shall, unless he has elected otherwise, become on such commencement the Comptroller and Auditor-General of India and shall thereupon be...
Article 378 ('Provisions as to Public Service Commissions') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: (1) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the...
Article 378A ('Special provision as to duration of Andhra Pradesh Legislative Assembly') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: Notwithstanding anything contained in article 172, the Legislative Assembly of the State of Andhra Pradesh as constituted under the provisions of sections 28 and 29 of the States Reorganisation Act, 1956, shall, unless sooner dissolved,...
Article 392 ('Power of the President to remove difficulties') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: (1) The President may, for the purpose of removing any difficulties, particularly in relation to the transition from the provisions of the Government of India Act, 1935, to the provisions of this Constitution, by order direct that this...
