Article 370 Abrogation Anniversary (2025): A Landmark in India’s Constitutional History
Introduction
6 August 2025 marks the sixth anniversary of the abrogation of Article 370, a historic and controversial decision that changed the constitutional status of Jammu and Kashmir (J&K). While the central government celebrates it as a moment of national unity and legal clarity, opposition parties and several regional stakeholders continue to observe it as a “Black Day”, alleging erosion of autonomy and democratic rights.
For students preparing for UPSC, SSC, and other competitive exams, understanding the background, implications, and ongoing debates around Article 370 is essential for tackling questions on Indian polity, governance, and constitutional law.
What Was Article 370?
- Article 370 was a temporary provision in Part XXI of the Indian Constitution.
- It granted special autonomous status to the erstwhile state of Jammu and Kashmir.
- Under Article 370:
- The Parliament needed the state government’s concurrence to apply laws (except in defense, foreign affairs, and communications).
- Residents of J&K had special privileges under Article 35A, such as exclusive rights to own land and access government jobs.
The Abrogation – What Changed on August 5, 2019?
On August 5, 2019, the Government of India took a historic step to:
- Revoke Article 370 through Presidential Order C.O. 272.
- Abolish Article 35A.
- Reorganize Jammu and Kashmir under the Jammu and Kashmir Reorganisation Act, 2019 into two Union Territories:
-
- Jammu & Kashmir (with a legislative assembly)
- Ladakh (without legislature)
This was done without the approval of the elected state government, as President’s Rule was in force at the time.
6 August 2025 – The Sixth Anniversary
Government View
- Celebrated as a symbol of “One Nation, One Constitution”.
- Lt. Governor of J&K, Manoj Sinha, described it as a move that brought peace, development, and integration.
- The government cites:
- Rise in infrastructure investment
- Decline in terrorism-related incidents
- Increased voter turnout in local elections
Opposition and Civil Society View
- Parties like National Conference (NC) and People’s Democratic Party (PDP) observe August 5–6 as “Black Day”.
- Accusations of:
- Democratic backsliding
- Continued denial of statehood
- Use of preventive detentions and internet shutdowns
- Demands for the restoration of full statehood and legislative autonomy.
Constitutional and Legal Dimensions
UPSC-Relevant Polity Points:
Concept | Explanation |
---|---|
Article 370 | Temporary provision under Part XXI |
Article 35A | Allowed J&K to define “permanent residents” |
Presidential Order | Used to make Article 370 inoperative |
Reorganisation Act, 2019 | Bifurcated J&K into two Union Territories |
Federalism | Shift in balance of power from state to Centre |
Current Status (as of August 2025)
- J&K remains a Union Territory with a legislative assembly.
- Elections are pending, despite Supreme Court directions in 2023.
- Security has improved, but normalcy and political representation remain contested issues.
- The Supreme Court, in December 2023, upheld the abrogation of Article 370 as constitutionally valid.
Relevance for UPSC & Other Exams
Why this topic matters for aspirants:
- Polity & Governance: Tests understanding of Articles 370, 35A, and constitutional procedures.
- Current Affairs: Regularly features in debates around federalism, statehood, and democratic norms.
- Essay/GS Paper 2: Useful for questions on Indian federalism, Centre-State relations, and constitutional morality.
- Ethics (GS Paper 4): Raises questions around justice, autonomy, and national interest.
Sample Mains Question
“The abrogation of Article 370 was constitutionally valid but politically contentious.” Discuss.
(250 words)
Conclusion
The Article 370 abrogation anniversary remains a polarizing event in Indian political discourse. Whether seen as a long-overdue correction or an undemocratic overreach, its constitutional, legal, and political implications continue to shape the present and future of Jammu and Kashmir.
For aspirants, this topic offers a chance to engage deeply with the spirit of the Constitution, the dynamics of Indian federalism, and the tensions between national unity and regional identity.