Temporary provisions with respect to the State of Jammu and Kashmir
included in editionWhat does this mean?
This concerns Jammu and Kashmir's former special constitutional arrangement and the later orders and judicial treatment reproduced or referenced by the official edition. A present-day explanation must use that legal history; the original wording alone does not describe the current territorial or governing position.
Temporary, transitional and State-specific arrangements, including legal continuity at commencement.
Why is this provision here?
State-specific and transitional circumstances can require tailored constitutional arrangements. The provision must be read for the particular territory, institutions and conditions it actually covers.
This Article number belongs to the original constitutional framework, but its present wording may include later amendments or substitutions. A provision-specific original Assembly debate has not been verified here. The explanation of function above is editorial inference from the text, not an attributed single motive of the framers. The original draft-making archive is a research resource, not proof of a particular historical reason.
The explanation of purpose is an editorial reading of the provision. A drafting motive is attributed only where a linked historical source supports it.
Limits, exceptions & reading carefully
Educational summary of the linked source text. Exceptions, provisos, implementing laws and applicable judgments must be read before applying it to a real case.
Read the official edition's appended 2019 orders and Supreme Court judgment notes; the pre-2019 wording alone is not the current governing arrangement.
Read the official constitutional text
Source-page notes · may concern neighbouring Articles
** In exercise of the powers conferred by clause (3) of article 370 read with clause (1) of article 370 of the Constitution of India, the President, on the recommendation of Parliament, is pleased to declare that, as from the 6th August, 2019 all clauses of said article 370 shall cease to be operative except the following which shall read as under, “370. 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, judgment, 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.”. (See Appendix III) (C.O. 273). President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 shall be operative with the modification that for the Explanation in cl. (1) thereof, the “Explanation.–For the purposes of this article, the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the *Sadar-I-Riyasat of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office.”. (C.O. 44, dated the 15th November, 1952). *Now “Governor”.
* See Appendix II. 1. Subs. by C.O. 272, dated the 5-8-2019, s.2. for “Constituent Assembly of the State referred to in clause (2)” (w.e.f. 5-8-2019).
Extracted from the Legislative Department’s May 2026 edition. Page footnotes may refer to neighbouring provisions; check their markers in the PDF. Inclusion in this edition does not by itself establish commencement or judicial effect.