Article 367(4) and Jammu & Kashmir

While most discussions regarding the erstwhile state of Jammu & Kashmir are centered on Article 35(A) and Article 370, the government’s moves have a greater political connotation than these two articles.

What has happened?

• The Union Government has approved a new Presidential Order under Article 370(1) of the Indian Constitution.
• This presidential order will supersede the 1954 Presidential Order (and other Presidential Orders on Kashmir) which specify the provisions of India’s Constitution apply to Jammu and Kashmir.
• The new Presidential Order issued approved by the BJP-led dispensation has stated now, all provisions of the Indian Constitution will be applicable in the State of Jammu and Kashmir.
• In addition to all the provisions stated in the Constitution of India, Jammu and Kashmir will also be subjected to a new Article 367(4).

What does Article 367(4) say?

• The article 367(4) states that the Indian Constitution will apply to the entire state of Jammu and Kashmir.
• All references to the Sadar-i-Riyasat of Jammu and Kashmir in all official documents shall mean “Governor“.
• All references which are made in regard to the Government of Jammu and Kashmir now stand for the Governor acting on the aid and advice of the Council of Ministers.
• The reference to the “Constituent Assembly” of the State in Article 370(3) of the Constitution of India shall now mean the “Legislative Assembly of the State” as the Constituent Assembly was dissolved much earlier.

Why is Article 367(4) unique?

Article 367(4) will be a unique provision of the Indian Constitution when applied in context to the state of Jammu and Kashmir. It does not modify the Indian Constitution in any substantial way.

Is Article 367(4) similar to Article 35(A)?

Yes, similar to the current Article 367(4) was the earlier Article 35A (which provided special status to Jammu and Kashmir till its abrogation on August 5, 2019) was a similar provision of the Constitution which was applicable to Jammu and Kashmir.