What is the status of Article 370 under the Indian Constitution?
Article 370 has been characterized in the Constitution as being of a temporary nature. Article 370 (3) says that the President, by public notification, may declare that Article 370 shall cease to be operative, or shall be operative only with such exceptions, and modifications, and from such date as he may specify. But before the President can issue any such notification, the recommendation of the Constituent Assembly ‘shall be necessary”.
Since the Constituent Assembly of the State exists no more, Article 370(3) is no longer operative. Therefore, if any modification is to be made to Article 370, recourse will have to be had to Article 368 regarding amendment of the Constitution. The Constitution (Application to J&K) Order, 1950, lays down that any amendment to the Constitution does not apply to the State unless it is extended there to by a Presidential Order under Article 370 (1) which again involves “concurrence of” and “consultation with”, the State Government.