Article 370: Temporary provisions with respect to the State of Jammu and Kashmir

The Constitution of IndiaCentral Constitution · 1950

About this text. The article text here was extracted from the official PDF automatically and is known to be incomplete: some articles are cut short and run into the next article’s heading, and none of the twelve Schedules are present, including the Seventh Schedule. The official PDF is complete; treat it as the record.

(1) Notwithstanding anything in this Constitution,—

(a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;

(b) the power of Parliament to make laws for the said State shall be limited to—

(i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and

(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify. Explanation.—For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifth day of March, 1948;

(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such Temporary provisions with respect to the State of Jammu and Kashmir. 1In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 shall be operative with the modification that for the Explanation in cl.

(1) thereof, the following Explanation is substituted, namely:— “Explanation.—For the purposes of this article, the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the *Sadar-I-Riyasat of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office.”. (Ministry of Law Order No. C.O. 44, dated the 15th November, 1952).

Where this provision sits

Act	The Constitution of India
Article	370
Marginal note	Temporary provisions with respect to the State of Jammu and Kashmir
Jurisdiction	Central
Status	In force as published by the source
Judgments citing it	14

Judgments that turned on this provision

WP(C)/1615/2019 of ALI MOHAMMAD SAGAR Vs UNION OF INDIA AND ORS. (HOME AFFAIRS)High Court of Jammu and Kashmir · 2025-12-23
Arb P/2/2025 of M/S UMAR SOIL AND CONSTRUCTIONAL WORKS Vs UNION TERRITORY OF J AND K AND ORS. (PUBLIC WORKS / ROADS AND BUILDINGS)High Court of Jammu and Kashmir · 2025-11-28
APEAL/1032/2024 of MOHAMMAD NISAR S/O MOHD. ABDUL RASHID Vs THE STATE OF MAHARASHTRABombay High Court · 2025-02-17
APEAL/1046/2024 of MOHAMMAD ABDUL KARIM S/O MOHAMMAD ABDUL HALIM Vs THE STATE OF MAHARASHTRABombay High Court · 2025-02-17
JAVED AHMAD HAJAM vs THE STATE OF MAHARASHTRASupreme Court of India · 2024-03-07
IN RE ARTICLE 370 OF THE CONSTITUTION vsSupreme Court of India · 2023-12-11
HAJI ABDUL GANI KHAN vs UNION OF INDIASupreme Court of India · 2023-02-13
UNION OF INDIA THROUGH DIRECTOR OF ESTATES vs ONKAR NATH DHAR (OMKAR NATH DHAR) (DEAD) THR. LR.Supreme Court of India · 2021-10-07
IN RE ARTICLE 370 OF THE CONSTITUTION vsSupreme Court of India · 2020-03-02
SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA (SIDBI) vs M/S EMOSONS ORGANICS LTDSupreme Court of India · 2017-08-29

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