2016 · GS Paper 2 · Q2 · 12 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.
In short
Article 370 was temporary in text and intent but became largely permanent in practice because the State Constituent Assembly that could end it dissolved in 1957. It was made inoperative in 2019, and In re Article 370 (2023) upheld its temporary character.
Model answer
Ghissu Editorial · Verified 4 Oct 2026 · 289 words
Temporary by design
Gopalaswami Ayyangar called it interim in 1949, and clause (3) let the President declare it inoperative.
Permanent by circumstance
Clause (3) needed the State Constituent Assembly's recommendation, but it dissolved in 1957, so Sampat Prakash (1968) kept the article alive and SBI v. Santosh Gupta (2016) held it was not temporary.
Hollowed in practice
The 1954 Presidential Order and later orders extended most of the Constitution and the Union List, eroding autonomy long before any formal change in 2019.
Abrogation in 2019
Constitution Orders 272 and 273 applied the whole Constitution and made Article 370 inoperative, and the State became two Union Territories.
Judicial settlement
In re Article 370 (2023) held it temporary, found no internal sovereignty, upheld its ending, and directed elections and early statehood.
Statehood and trust
The debate now turns on restoring statehood after the 2024 elections, Article 371-style safeguards for land and jobs, and democratic participation, seen in Srinagar's 2024 Lok Sabha turnout, its highest in decades.
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This chapter in the exam
Significant Provisions — Special Provisions, Co-operative Societies & Official Language3 questions
Asked in 3 of 14 sittings since 2013
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Question from the official UPSC Civil Services (Main) Examination 2016 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.