Constitution (Application to Jammu and Kashmir) Order 2019
Also called: C.O. 272 · Topic: Special Provisions, Scheduled and Tribal Areas · NCERT: Beyond NCERT
Meaning
This presidential order is also known as C.O. 272. It was issued on 5 August 2019 under Article 370(1)(d). It applied the whole Indian Constitution to Jammu and Kashmir and replaced the 1954 order. It also changed Article 367, the article that explains how words in the Constitution are to be read. After the change, "Constituent Assembly" in Article 370(3) was to be read as "Legislative Assembly". J&K was under President's rule at the time, meaning it was governed directly by the Union. So the state's concurrence (formal agreement) came from the Governor. Parliament then made the recommendation that the state assembly would have made. The next day, C.O. 273 declared all of Article 370 inoperative, except a modified clause (1).
Example
In In re Article 370 (11 December 2023), five judges held that using Article 367 to change Article 370 was invalid. They held that C.O. 273 was still valid, so the end of J&K's special status stood.
Don't confuse with
- Jammu and Kashmir Reorganisation Act 2019: the order dealt with how the Constitution applies to J&K. The Act, passed by Parliament under Articles 3-4, split the state into two UTs from 31 October 2019. Article 370's text was not repealed. It is still in the Constitution.