FALL OF SHEIKH ABDULLAH AS PM OF JAMMU & KASHMIR
Sheikh Abdullah, the Prime Minister of Jammu and Kashmir, was dismissed and arrested in 1953 due to political tensions with the Indian government. Historical evidence suggests that his growing advocacy for Kashmir’s autonomy and alleged negotiations with foreign powers raised concerns in New Delhi.
Prime Minister Jawaharlal Nehru’s government, backed by the Sadar-i-Riyasat Karan Singh, dismissed Abdullah on 9 August 1953, accusing him of anti-India activities. He was replaced by Bakshi Ghulam Mohammad and detained under the controversial Public Safety Act. Abdullah remained imprisoned or under house arrest for most of the next 22 years, including a period in Kodaikanal (Tamil Nadu).
Declassified reports indicate that intelligence agencies viewed his stance on self-determination as a threat to India’s sovereignty. The 1975 Indira-Sheikh Accord eventually reinstated him as Chief Minister, ending his prolonged political exile. His dismissal remains a contentious issue in Kashmir’s history, reflecting the complex interplay of autonomy, democracy, and central authority.
HOW ARTICLE 370 & 35 A were abrogated from Jammu & Kashmir in August 2019, with constitutional references and step-by-step breakdown:
Abrogation of Article 370 and 35A: A Constitutional Breakdown
The historic move to abrogate Article 370 and Article 35A on August 5, 2019, fundamentally altered the constitutional status of Jammu & Kashmir (J&K). This decision integrated the region more fully with the rest of India. The process followed was constitutional, albeit complex, involving Presidential Orders, a statutory resolution, and use of specific provisions within Article 370 itself.
Background of Article 370 and 35A
Article 370, inserted in the Indian Constitution in 1949, granted special autonomous status to J&K. It restricted the Indian Parliament’s powers to legislate for the state without the concurrence of its Constituent Assembly (later interpreted as Legislative Assembly after its dissolution in 1957).
Article 35A, inserted through a Presidential Order in 1954, empowered the J&K Legislature to define “permanent residents” and provide them with special rights and privileges (including exclusive rights over land and jobs).
Legal Instruments Used in Abrogation
1. Presidential Order C.O. 272 (August 5, 2019)
The process began with the issuance of a Presidential Order under Article 370(1):
Article 370(1)(d) allows the President to apply provisions of the Indian Constitution to J&K, with modifications and with the concurrence of the Government of J&K.
As J&K was under President’s Rule (under Article 356) since December 2018, the Governor (representing the Centre) acted as the State Government.
Therefore, the Union Government took the Governor’s concurrence to issue Presidential Order C.O. 272, applying all provisions of the Indian Constitution to J&K, superseding the 1954 order that had included Article 35A.
This Presidential Order rendered Article 35A inoperative and opened the door to modify or revoke Article 370.
2. Statutory Resolution Under Article 370(3)
Article 370(3) empowers the President to declare the Article inoperative, but only with the recommendation of the Constituent Assembly of J&K.
Since the J&K Constituent Assembly had ceased to exist in 1957, this was considered a deadlock.
However, through a creative interpretation, the Union Government used C.O. 272 to amend Article 367 (Interpretation Clause) as applicable to J&K.
3. Amendment to Article 367 (via C.O. 272)
Article 367 is a general interpretation article. The Presidential Order modified it only for J&K, stating:
“Constituent Assembly” in Article 370(3) shall mean the Legislative Assembly of J&K.
As J&K had no Legislative Assembly and was under President’s Rule, the Parliament of India was functioning in its place.
Thus, Parliament was empowered to recommend revocation of Article 370.
4. Statutory Resolution Passed by Parliament
On August 5, 2019, the Rajya Sabha passed a Statutory Resolution recommending that the President declare Article 370 inoperative.
The Lok Sabha passed it the next day, August 6.
5. Presidential Order C.O. 273 (August 6, 2019)
Based on the recommendation (per modified Article 367), the President issued C.O. 273, declaring all clauses of Article 370 inoperative with immediate effect.
This effectively abrogated Article 370.
Bifurcation of the State: Jammu & Kashmir Reorganisation Act, 2019
Alongside the abrogation:
The Jammu and Kashmir Reorganisation Bill, 2019 was introduced and passed in Parliament.
This act split the state into two Union Territories:
1. Jammu & Kashmir (with a Legislative Assembly)
2. Ladakh (without a Legislative Assembly)
The Act came into effect on October 31, 2019.
Conclusion
The abrogation of Article 370 and 35A was achieved not by directly repealing them through a constitutional amendment under Article 368, but by strategically using the provisions within Article 370 itself, especially:
Article 370(1) (Presidential Orders with Governor’s concurrence),
Article 370(3) (modification and declaration as inoperative), and
Article 367 (interpretative amendment).
The process was legally intricate and politically bold, leading to the full constitutional integration of Jammu & Kashmir with the Union of India.
References Books
- “India’s Constitution: Origins and Evolution” – Rajeev Dhavan
Discusses the evolution and interpretation of Article 370 and federalism in India.
- “The Constitution of India: A Contextual Analysis” – Arun K. Thiruvengadam
Offers deep insights into constitutional amendments, interpretation, and federal structure including the status of J&K.
- “Jammu and Kashmir: The Politics of State Autonomy” – Rekha Chowdhary
Provides background on Article 370 and how its autonomy evolved over the decades.
- “Kashmir: Glimpses of History and the Story of Struggle” – Saifuddin Soz
Offers a political overview of Kashmir, with background on Article 370 and 35A.
- “The Abrogation of Article 370: A Constitutional History of Jammu and Kashmir” – A.G. Noorani
Presents a critical legal and constitutional analysis, including original texts of Presidential Orders and parliamentary proceedings.
Legal and Government Documents
- The Constitution of India (Official text, including Articles 370, 35A, 367, 356)
- Presidential Order C.O. 272 (August 5, 2019)
- Presidential Order C.O. 273 (August 6, 2019)
- Jammu and Kashmir Reorganisation Act, 2019
- Parliamentary Debates – Rajya Sabha and Lok Sabha (August 5–6, 2019)
Scholarly Journals and Articles
- Indian Journal of Constitutional Law
Articles analyzing the constitutional implications of the abrogation process.
- Economic & Political Weekly (EPW)
Various editions from August–October 2019 carried detailed critiques and support of the legal validity of the abrogation.
- The Hindu – Opinion & Analysis Section
Legal experts such as Faizan Mustafa, Suhrith Parthasarathy, and others wrote detailed explanations post-August 5, 2019.
- LiveLaw.in and Bar & Bench
Carried day-by-day legal updates and expert legal commentary.
Suggested Citation Format (APA Style)
Noorani, A. G. (2011). Article 370: A Constitutional History of Jammu and Kashmir. Oxford University Press.
Chowdhary, R. (2016). Jammu and Kashmir: The Politics of State Autonomy. Sage Publications.
Thiruvengadam, A. K. (2017). The Constitution of India: A Contextual Analysis. Hart Publishing.
Government of India. (2019). Presidential Orders C.O. 272 & C.O. 273.
Government of India. (2019). Jammu and Kashmir Reorganisation Act.
Lastly : UPSC Educators lectures
