According to the Constitution of India, Article 370 provides temporary provision to the Jammu and Kashmir state, which provides special autonomy. It has been prepared in amendments to the Constitution section in part XXI under the provisional and transitional provisions.
Under Article 370, Indian Parliament can not raise or lower the boundaries of the state.
Provisions and underlying concepts:
1. Except for defense, foreign affairs, finance and communication, Parliament requires the consent of the state government to implement all other laws.
2. Residents of the state live under a different set of laws, including citizenship related to Property, ownership of property and fundamental rights than other Indians. (Article 35)
3. As a result of this provision, Indian citizens of other states can not purchase land or property in Jammu and Kashmir. Article 370 is the source of gender bias in declaring women disqualified from the state of property rights
Under Article 370, there is no power in the state to declare a financial emergency under Article 360.
4. It can only declare an emergency in the state in case of war or external aggression.
5. Therefore, the central government can not declare an emergency on the basis of internal disturbance or impending danger unless it is done on request or with the consent of the state government.
6. Section 3 of Article 370 The President, by public notification, can declare that this article will stop operating, but only on the recommendation of the Constituent Assembly of the State. In other words, Article 370 can only be canceled if a new Constituent Assembly of Jammu and Kashmir is organized and is willing to recommend its repeal.
7. The jurisdiction of the Supreme Court has spread to the state except Article 135 and 139.
8. The governing principles of the state do not apply to the state of Jammu and Kashmir.
9. Under Art. 368, Amendment to the Constitution shall not be implemented unless it is implemented by the President in the State.
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