Debate Summary

Draft Article 306A, Constitution of India 1948

306A. (1) Notwithstanding anything contained in this Constitution, 

(a) the provisions of article 211A of this Constitution shall not apply in relation to the State of Jammu and Kashmir; 

(b) the power of Parliament to make laws for the 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 the State; and 

(ii) such other matters in the said List 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 Union as the Maharaja of Jammu and Kashmir, acting on the advice of the Council of Ministers 

(c) the provisions of article 1 of this Constitution shall apply in relation to the State. 

(d) such of the other provisions of this Constitution and subject to such exceptions and modifications shall apply in relation to the State as the President may by order specify; 

Provided that no such order which relates to the matters specified in the Instrument of Accession of the State aforesaid shall be issued except in consultation with the Government of the State; 

Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government. 

(2) If the concurrence of the Government of the State referred to in sub-clause (b) (ii) or in the second proviso to sub-clause (d) of clause (1) was given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon. 

(3) Notwithstanding anything in the preceding clauses 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. 

Draft Article 306A (Article 370, Constitution of India 1950) was not part of the Draft Constitution of India 1948. It was introduced in the Constituent Assembly and taken up for discussion on 17 October 1949. It declared that the Constitution of India would apply to the State of Jammu and Kashmir (J&K) in a manner consistent with the Instruments of Accession (IOA) signed by India and J&K. The IOA contained terms on which J&K joined the Indian Union. This effectively meant that J&K would enjoy greater autonomy in India’s federal system. Further, the Draft Article provided for the creation of the J&K Constituent Assembly to draft a J&K Constitution. This Assembly was empowered to decide what provisions of the Indian Constitution would apply to the State in the future.  

A member wanted to know why the Draft Article gave J&K a special constitutional status. A Drafting Committee member responded that the unique political circumstances around J&K required such a special provision. These circumstances included the ongoing war in the State, the involvement of the United Nations, and the promises made by the Indian Government to the State which included the State’s right to decide its political future. Despite this clarification, the Member appeared unconvinced and suggested that the Draft Article was discriminatory as other Princely States like the State of Baroda received no such political concessions. 

At the end of the debate, the Constituent Assembly adopted the Draft Article without amendments on 17 October 1949. 

On 6 August 2019, Article 370 of the Constitution was effectively repealed through a Presidential order on the recommendation of both Houses of Parliament.