• it explais about the special rights of j & k.
• The provisions of Article 1 and Article 370 of the
  Indian Constitution shall apply to J&K.
  -Other articles can be made applicable if the
  President issues an order after concurrence with
  Government of State.
• Parliament can make laws on matters on Union
  List and Concurrent List for the state
  -In consultation with Govt. of State – Topics related to
  Defense, External Affairs, Communication
  -After concurrence of Govt. of State: All other topics

Modification in Art 370?

Art 370(3): Notwithstanding anything in the foregoing
provisions of this article, the President may, by public
notification, declare that this article shall cease to be
operative or shall be operative only with such exceptions
and modifications and from such date as he may specify:
Provided that the recommendation of the Constituent
Assembly of the State shall be necessary before the
President issues such a notification.

The Change

• CO 272:
  -Definition of Constituent Assembly changed to State Legislative
  Assembly
• CO 273:
  -All clauses of Art 370 ceased to operate & the provisions of the
  Constitution were extended to J&K

Article 370 (Presently)

All provisions of this Constitution, as amended from
time to time, without any modifications or
exceptions, shall apply to the State of Jammu and
Kashmir notwithstanding anything contrary
contained in article 152 or article 308 or any other
article of this Constitution or any other provision of
the Constitution of Jammu and Kashmir or any law,
document, judgement, ordinance, order, by-law,
rule, regulation, notification, custom or usage
having the force of law in the territory of India, or
any other instrument, treaty or agreement as
envisaged under article 363 or otherwise.

SC Judgment: December 2023

• J&K did not retain any sovereignty.
• Art 370 was not intended to be a permanent provision.
• The President has unilateral power to modify Art 370.
• CO 272 is partially valid.
  -Changing the definition is unconstitutional
  -There was no requirement to change the definition.
• CO 273 is valid.
• Under Article 356, the President has the power to take any
  action to further the object of proclaiming President’s Rule.
• Reorganisation of J&K into 2 UTs – Valid

J&K Reorganisation Act, 2019

UT of J&K	UT of LADAKH
Areas except Kargil & Leh district	Kargil & Leh districts
Administrator – LG	Administrator – LG
Legislative Assembly (LA) with maximum 114 seats of which 24 to remain vacant. Reservation of seats for SCs & STs Reservation of seats for women – 1/3rd Legislative Assembly may make laws on any matters specified in the State List of the Constitution, except “Police” and “Public Order”	No LA (The UT is to be governed by President through LG)

Art 35A

J&K Legislature can

1. define the classes of persons who are
   permanent residents of the State
2. confer on such permanent residents any
   special rights and privileges or imposing upon
   other persons any restrictions
   -employment under the State Government;
   -acquisition of immovable property in the State;
   -settlement in the State; or
   -right to scholarships and such other forms of aid by
   State Government
3. now the article is removed