← All questionsGS2 · 2016 · Polity & Constitution ·Article 370: How Temporary?
MAINS 2016
GS2
12.5 marks

To what extent is Article 370 of the Indian Constitution, bearing marginal note ‘Temporary provision with respect to the State of Jammu and Kashmir’, temporary? Discuss the future prospects of this provision in the context of Indian polity.

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9 min
200 words

What the examiner wants

Assess how temporary Article 370 was and discuss its future in Indian polity.

DiscussExplain the different sides of the issue, use evidence, and finish with a balanced view.

Demand-wise check

  1. 1Temporary by label: Part XXI; 370(3) let the President end it on the J&K Constituent Assembly's recommendation≈35 words
  2. 2Permanent in effect: Constituent Assembly dissolved in 1957; J&K High Court (2015) said it had attained permanence; erosion through Presidential Orders (1954 onwards)≈35 words
  3. 3Future prospects (as of 2016): integration vs autonomy, Article 35A debate≈35 words
  4. 4Later development: abrogated in 2019; upheld in 2023≈35 words

Open in about 30 words and close in about 30.

Answer plan

Text and intentArguments for temporary vs permanentJudicial viewsProspects2019-23 update

Where marks usually go

  • Writing only about the 2019 abrogation without the 'temporary' debate
  • Political opinion without constitutional reasoning

Draw this

  • Timeline: 1949 → 1954 Presidential Order → 1957 → 2019 → 2023

Value addition

  • CaseSBI v Santosh Gupta (2016): J&K has no vestige of sovereignty outside the Indian Constitution.Supreme Court, 2016
  • CaseIn Re: Article 370 (December 2023): Court upheld the 2019 orders and held Article 370 was a temporary provision.Supreme Court, 2023

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