Restoration of Article 370 remains core agenda of National Conference: Farooq Abdullah

The president of the National Conference reiterated that restoration of Article 370 — which granted special status to Jammu and Kashmir — remains the party's...

What Happened

The president of the National Conference reiterated that restoration of Article 370 — which granted special status to Jammu and Kashmir — remains the party's core political objective, describing it as a non-negotiable struggle.
He criticised the dual governance structure currently operating in J&K, where an elected government coexists with a Lieutenant Governor wielding extensive residual powers, arguing this arrangement hampers effective administration.
He noted that the Supreme Court had directed restoration of statehood and that over 18 months had elapsed without the Centre fulfilling this commitment.
This political demand provides an occasion to examine the constitutional trajectory of Article 370 — from its insertion in 1949, through its abrogation in 2019, to the Supreme Court's upholding of that abrogation in December 2023.

Static Topic Bridges

Article 370 — Constitutional Origin and Special Status

Article 370 was inserted into the Indian Constitution in Part XXI, titled "Temporary, Transitional and Special Provisions." It was drafted chiefly by N. Gopalaswami Ayyangar, a member of the Drafting Committee, in consultation with Sheikh Abdullah, the then Prime Minister of J&K.

The constitutional basis for J&K's special treatment lay in the circumstances of accession. Unlike most princely states, J&K signed the Instrument of Accession in October 1947 under conditions that limited the Union's legislative authority to three subjects: defence, external affairs, and communications. All other legislative subjects required the concurrence of the J&K government.

Article 370 exempted J&K from the complete applicability of the Constitution of India; the Indian Parliament could extend provisions to J&K only with the State government's concurrence (or the Constituent Assembly's approval for fundamental matters).
Article 35A (inserted by Presidential Order in 1954) conferred on J&K's legislature the power to define "permanent residents" and grant them exclusive rights in property, employment, and educational institutions.
The J&K Constituent Assembly dissolved itself on 25 January 1957 without recommending abrogation of Article 370, which legal opinion subsequently held to have given the provision a de facto permanent character.
Article 370(3) provided the mechanism for abrogation: the President could issue an order declaring Article 370 inoperative, but only on the recommendation of J&K's Constituent Assembly — a body that had already ceased to exist by 1957.

Connection to this news: The demand for restoration of Article 370 is constitutionally complex: since the Constituent Assembly no longer exists and the Supreme Court has upheld the abrogation, restoration would require fresh constitutional action — the precise legal pathway remains contested.

The Abrogation (August 5–6, 2019) — Constitutional Mechanism

The process by which Article 370 was abrogated involved a sequence of Presidential Orders and a parliamentary resolution, all executed over two days.

August 5, 2019 — Presidential Order CO 272: President Ram Nath Kovind issued this order, which amended Article 367 (interpretation clause) to substitute "Constituent Assembly of Jammu and Kashmir" with "Legislative Assembly of Jammu and Kashmir" wherever it appeared in relation to Article 370.
Since J&K was under President's Rule at the time (since December 2018), the Union Parliament was exercising the powers of the J&K Legislative Assembly under Article 356. This meant Parliament itself could now give the "concurrence" previously required from the J&K government and Constituent Assembly.
Same day: The Rajya Sabha passed a statutory resolution under Article 370(3) recommending that the President declare Article 370 inoperative.
August 6, 2019 — Presidential Order CO 273: The President issued a second order declaring all clauses of Article 370 inoperative except Clause 1, which was amended to state that the Constitution of India applies wholly to J&K.
The Jammu and Kashmir Reorganisation Act, 2019 simultaneously bifurcated the State into two Union Territories: Jammu & Kashmir (with a Legislature) and Ladakh (without a Legislature).

Connection to this news: The legal challenge to restoration centres on whether this process — using the Legislative Assembly (via Parliament under President's Rule) as a surrogate for the Constituent Assembly — was constitutionally valid. The Supreme Court has ruled that it was.

Supreme Court Verdict — December 11, 2023 (In Re: Article 370)

A five-judge Constitution Bench of the Supreme Court unanimously upheld the Union government's abrogation of Article 370.

Bench: Chief Justice D.Y. Chandrachud, Justices S.K. Kaul, Sanjiv Khanna, B.R. Gavai, and Surya Kant.
Article 370 was a temporary provision: The Court held that Article 370 was always intended to be a temporary provision — its placement in Part XXI ("Temporary and Transitional Provisions") was decisive.
J&K does not enjoy sovereignty: The Court held that J&K, unlike other states, surrendered its sovereignty upon accession to India in 1947; the special status was a transitional arrangement, not a recognition of sovereignty.
President's powers: The Court held that the President had the constitutional authority to act unilaterally to revoke J&K's special status, and that using Parliament (exercising the Legislative Assembly's powers during President's Rule) did not violate any constitutional provision.
Statehood: The Court directed that J&K's statehood be restored "as soon as possible," and that elections be held by September 30, 2024. (Elections were held in September–October 2024; an elected government assumed office.)
Article 35A: Implicitly rendered void as a consequence of Article 370's abrogation.

Connection to this news: The Supreme Court's verdict settles the constitutional question of the legality of abrogation. Any restoration of Article 370 would require fresh legislative and constitutional action — a path the Court's judgment has significantly narrowed.

J&K's Current Constitutional Status — Dual Governance and the LG's Powers

Since November 2019, J&K has been governed as a Union Territory with a Legislature under the J&K Reorganisation Act, 2019. Unlike full states, the Lieutenant Governor (LG) retains residual executive powers in subjects outside the legislative competence of the Assembly.

J&K's LG has powers analogous to those of Delhi's LG under the Government of National Capital Territory of Delhi Act — an arrangement that has itself been the subject of Supreme Court litigation (Government of NCT of Delhi v. Union of India, 2018 and 2023).
The elected government in J&K operates with legislative powers over subjects in the State and Concurrent Lists, but policing and public order remain with the LG.
The Supreme Court directed statehood restoration; however, restoration of statehood (converting J&K UT back into a full state) requires a parliamentary enactment amending the Reorganisation Act — it does not automatically restore Article 370.

Connection to this news: The criticism of the dual governance system is grounded in constitutional architecture: restoring statehood would shift the balance of executive authority, but would not, by itself, restore the pre-2019 constitutional position.

Key Facts & Data

Article 370 was inserted in 1949 under Part XXI of the Constitution (Temporary, Transitional and Special Provisions).
Drafted by: N. Gopalaswami Ayyangar.
J&K's Constituent Assembly: dissolved January 25, 1957 without recommending Article 370's abrogation.
Abrogation: Presidential Orders CO 272 (August 5, 2019) and CO 273 (August 6, 2019).
J&K bifurcated into two UTs by the J&K Reorganisation Act, 2019: J&K (with legislature) and Ladakh (without legislature).
Supreme Court verdict upholding abrogation: December 11, 2023 — unanimous five-judge Constitution Bench.
Court's key holdings: Article 370 temporary; J&K not sovereign; President had unilateral power to revoke.
Court directed: elections by September 30, 2024 (held in Sep–Oct 2024); statehood to be restored "as soon as possible."
Article 35A: granted permanent residents of J&K exclusive rights in property, employment, and education — lapsed with Article 370's abrogation.
The National Conference won the 2024 J&K Assembly elections and formed the government.