Article 35A and Article 370 were special constitutional provisions governing Jammu and Kashmir. The Difference between Article 35A and 370 states that Article 370 granted autonomous status and limited Parliament’s authority while Article 35A empowered the state legislature to define permanent residents and confer exclusive privileges. Both of these articles were revoked in August 2019.
Difference between Article 35A and 370
The Major Difference between Article 35A and 370 has been tabulated below:
| Difference between Article 35A and 370 | ||
|
Aspect |
Article 370 |
Article 35A |
|
Constitutional Position |
Placed in Part XXI as a temporary provision granting special status to Jammu and Kashmir. |
Inserted through the 1954 Presidential Order under powers derived from Article 370. |
|
Core Purpose |
Provided an autonomous framework allowing separate Constitution, flag, and penal code for the state. |
Enabled legislature to identify permanent residents and define their exclusive privileges. |
|
Legislative Powers |
Restricted Parliament’s authority to defence, foreign affairs, and communications under Instrument of Accession. |
Allowed state laws on residency privileges, immune from challenge on fundamental rights grounds. |
|
Amendment Process |
Changes required Presidential Order with state concurrence and Constituent Assembly recommendation. |
Not introduced through Article 368 amendment procedure; added via executive order. |
|
Federal Structure |
Reflected asymmetric federalism granting higher autonomy compared to other states. |
Operationalised autonomy by protecting exclusive socio-economic benefits. |
|
Emergency Powers |
External emergency could be declared; internal disturbance required state concurrence. |
No direct role in emergency provisions. |
|
Judicial Reach |
Extended Supreme Court jurisdiction through 1954 Order. |
State privilege laws protected from annulment for violating fundamental rights. |
|
Citizenship |
Facilitated extension of Indian citizenship to permanent residents in 1954. |
Differentiated permanent residents from others for state benefits. |
|
Repeal |
Abrogated by Constitution (Application to J&K) Order, 2019. |
Ceased alongside Article 370’s revocation. |
|
Structural Role |
Served as constitutional bridge applying Union provisions to the state. |
Derived existence entirely from Article 370 framework. |
Last updated on February, 2026
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Difference between Article 35A and 370 FAQs
Q1. What was the main purpose of Article 370?+
Q2. What is the purpose of Article 35A under the Constitution of India?+
Q3. How was Article 35A introduced into the Constitution?+
Q4. Did Article 35A allow laws to override Fundamental Rights?+
Q5. What happened to Articles 370 and 35A in 2019?+
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