What governments did, and what it cost the country

What was done

Draft Article 306A was moved on 17 October 1949 and adopted as Article 370. The Constitution (Application to Jammu and Kashmir) Order, 1954 added Article 35A. Article 370 was abrogated on 5 August 2019.

What it meant for the country

For 70 years Article 370 and the Article 35A it enabled kept Jammu and Kashmir outside much of India's law: jobs, property and scholarships were closed to non-permanent residents, and laws such as the Right to Education and the SC/ST Atrocities Act did not apply until 2019. The documents record the rights withheld; they do not put a single figure on the cost.

• Under Article 35A, government jobs, the right to buy property and State scholarships were kept for permanent residents alone, as defined by the State. [2]
• As reported by The Wire, Valmiki families brought into the State to work as sweepers were denied education, job, voting and residence rights for over 60 years under these rules. [6]
• For 70 years, central laws did not apply to Jammu and Kashmir automatically. Among those extended only after 2019, the Home Ministry named the Right to Education Act, 2009, the SC/ST (Prevention of Atrocities) Act, 1989, the Forest Rights Act, 2006, the Whistle Blowers Protection Act, 2014 and the Juvenile Justice Act, 2015. [3]
• The Supreme Court found that the provision was meant to be temporary and that J&K never held internal sovereignty, yet it remained in force from 1949 until 2019. [4][5]

Step by step

1. 1949-10-17
   Draft Article 306A is moved in the Constituent Assembly by N. Gopalaswami Ayyangar and adopted as Article 370. [1]
2. 1954-05-14
   The Constitution (Application to Jammu and Kashmir) Order, 1954 adds Article 35A. [2]
3. 2019-08-05
   Article 370 is abrogated and central laws are extended to Jammu and Kashmir. [3][4]
4. 2023-12-11
   The Supreme Court upholds the abrogation and holds that Article 370 was a temporary provision. [4][5]
5. 2024-02-07
   The Home Ministry tells the Rajya Sabha that residents had been deprived of progressive laws before 2019. [3]

The documents

1. [1] The Jammu & Kashmir Constituent Assembly: A Brief History Research, Supreme Court Observer
2. [2] Article 35-A: All You Need To Know About The Controversial Provision Regarding J&K Press, Outlook
3. [3] Before Article 370 abrogation, J&K residents were deprived of progressive laws: Centre (MHA reply in the Rajya Sabha, 7 February 2024) Press, Greater Kashmir
4. [4] Article 370 A Temporary Provision: Supreme Court Upholds Abrogation of Special Status of Jammu and Kashmir Court, LiveLaw
5. [5] Challenge to the Abrogation of Article 370: Judgement Explainer Court, Supreme Court Observer
6. [6] Jammu and Kashmir: Article 35A and the Valmikis Press, The Wire

Compiled from the documents cited, 11 Oct 2026

What was done

Parliament enacted the Immigrants (Expulsion from Assam) Act, 1950, giving the Central Government power to order removal from India or Assam of a person whose stay was considered against public or Scheduled Tribe interests. The government delegated that power by gazette notification, and the law allows the use of force. A court record of 2026 shows an expulsion order dated 26 December 2025 was made under this power and the person was expelled without a hearing.

What it meant for the country

The record shows the law has been used to expel a person from Assam in 2025 without a hearing, with fundamental rights questioned in court, so its documented consequence is harmful.

• The Act gave the government authority to order a person to leave India or Assam and to use force, curtailing the person's liberty and residence. [4][10]
• In a 2026 court matter, a person was expelled from Assam under an order dated 26.12.2025 without being given an opportunity of being heard, and the court considered whether fundamental rights had been infringed. [7]

Step by step

1. 1950-03-01
   The Immigrants (Expulsion from Assam) Act, 1950 came into force. It was made by Parliament to provide for the expulsion of certain immigrants from Assam. [6][9]
2. 1950-03-20
   The Central Government published Notification No. F.17-150-Pak.III in the Gazette of India, delegating powers under Section 3 of the Act. [5]
3. 2025-12-26
   An expulsion order was issued under Section 2 of the Act against the father of a petitioner, as recorded in a judicial matter dated 25 March 2026. The person was expelled without being given an opportunity of being heard. [7]
4. 2026-03-25
   A judicial record dated 25 March 2026 considered the expulsion order of 26 December 2025 and examined whether the expulsion infringed fundamental rights. [7]

The documents

1. [1] Section 1 (1) in The Immigrants (Expulsion From Assam) Act, 1950 Court, indiankanoon.org
2. [2] Section 3 in The Immigrants (Expulsion From Assam) Act, 1950 Court, indiankanoon.org
3. [3] Section 1 in The Immigrants (Expulsion From Assam) Act, 1950 Court, indiankanoon.org
4. [4] Section 2 in The Immigrants (Expulsion From Assam) Act, 1950 Court, indiankanoon.org
5. [5] Section 3 in The Immigrants (Expulsion From Assam) Act, 1950 Court, indiankanoon.org
6. [6] Section 1402 in The Immigrants (Expulsion From Assam) Act, 1950 Court, indiankanoon.org
7. [7] Page No.# 1/35 vs The Union Of India And 8 Ors on 25 March, 2026 Court, indiankanoon.org
8. [8] The Immigrants (Expulsion from Assam) Act, 1950 - iPleaders Web, blog.ipleaders.in
9. [9] Section 1402 in The Immigrants (Expulsion From Assam) Act, 1950 Court, indiankanoon.org
10. [10] Section 4 in The Immigrants (Expulsion From Assam) Act, 1950 Court, indiankanoon.org

Compiled from the documents cited, 1 Oct 2026

What was done

The Preventive Detention Act, 1950 allowed the Central Government or a State Government to order detention on its own satisfaction that it was necessary to prevent certain prejudicial acts. The Preventive Detention (Amendment) Act, 1951 kept existing detention orders in force under the amended Act. The 1950 Act ceased to have effect on 31 December 1969, and the Maintenance of Internal Security Act, 1971 then gave similar detention powers.

What it meant for the country

The cited Acts created and continued a power to detain people on the government's satisfaction alone, curtailing personal liberty.

• The 1950 Act allowed the Central or State Government to order detention on its own satisfaction; it did not state that a conviction was needed before detention, so it was a statutory curtailment of personal liberty. [6]
• MISA 1971 continued that power and allowed detention confirmed under section 12 for up to twelve months from the date of detention, or until expiry of the Defence and Internal Security of India Act, 1971, whichever was later. [9]
• The detention power under the 1950 Act remained available until 31 December 1969, and a successor Act then restored similar powers in 1971. [3][7][9]

Step by step

1. 1950
   The Preventive Detention Act, 1950 was made. It extended to the whole of India except Jammu and Kashmir and was to cease on 31 December 1969. [3][7]
2. 1951
   The Preventive Detention (Amendment) Act, 1951 declared that detention orders in force at its commencement would continue as if made under the amended Act. [1]
3. 1969-12-31
   The Preventive Detention Act, 1950 ceased to have effect, saving things done or omitted before that date. [3][7]
4. 1971
   The Maintenance of Internal Security Act, 1971 was made, giving the Central or State Government power to detain a person if satisfied it was necessary to prevent prejudicial acts. [9][10]

The documents

1. [1] Section 12 in Preventive Detention Act, 1950 - Indian Kanoon Court, indiankanoon.org
2. [2] Section 14 in Preventive Detention Act, 1950 - Indian Kanoon Court, indiankanoon.org
3. [3] Section 1 in Preventive Detention Act, 1950 - Indian Kanoon Court, indiankanoon.org
4. [4] Section 6 in Preventive Detention Act, 1950 - Indian Kanoon Court, indiankanoon.org
5. [5] Section 4 in Preventive Detention Act, 1950 - Indian Kanoon Court, indiankanoon.org
6. [6] Section 3 in Preventive Detention Act, 1950 - Indian Kanoon Court, indiankanoon.org
7. [7] Section 1 in Preventive Detention Act, 1950 - Indian Kanoon Court, indiankanoon.org
8. [8] Section 3 (2) in Preventive Detention Act, 1950 - Indian Kanoon Court, indiankanoon.org
9. [9] Maintenance of Internal Security Act, 1971 - Indian Kanoon Court, indiankanoon.org
10. [10] Section 3 in Maintenance of Internal Security Act, 1971 Court, indiankanoon.org
11. [11] Section 4 in Maintenance of Internal Security Act, 1971 Court, indiankanoon.org
12. [12] Ghulam Nabi Zaki vs State Of Jammu And Kashmir on 27 October ... Court, indiankanoon.org

Compiled from the documents cited, 30 Sept 2026

What was done

Parliament enacted the Preventive Detention Act, 1950, giving the Central Government or a State Government power to order detention of a person to prevent acts prejudicial to defence, foreign relations, security, public order or essential supplies. The Supreme Court upheld the Act except Section 14, and the Act ceased to have effect on 31 December 1969.

What it meant for the country

The documents record that the Act allowed detention without trial and the Supreme Court upheld it, so personal liberty was curtailed.

• The Act allowed the Central or State Government to detain a person without trial to prevent acts prejudicial to defence, foreign relations, security, public order or essential supplies. [5]
• The Supreme Court held that Article 21 did not require a due process standard, so the Act's detention powers were upheld. [11][12]
• A detainee's habeas corpus petition was dismissed, leaving the detention in place. [10]
• The Act was to cease to have effect on 31 December 1969. [2]

Step by step

1. 1949-05-18
   The Constituent Assembly debated how preventive detention powers should be divided between the Centre and the Provinces. [8]
2. 1949-09-15
   The Constituent Assembly debated the preventive detention clause, including whether the High Courts and the Supreme Court could still hear challenges to detention and the maximum period of detention. [7]
3. 1949-09-16
   The Constituent Assembly debated the preventive detention clause, including the Advisory Board, the right to a legal practitioner, and the maximum period of detention. [6]
4. 1950-02-27
   An order of detention was passed under the Preventive Detention Act, 1950, showing the Act was in force. [9]
5. 1950-05
   The Supreme Court decided A.K. Gopalan v. State of Madras, upholding the Preventive Detention Act, 1950 except Section 14 and holding that Article 21 required only a procedure established by law, not a due process standard. [9][10][11][12]
6. 1950-05-19
   The Supreme Court dismissed Ashutosh Lahiry's habeas corpus petition, relying on A.K. Gopalan. [10]
7. 1969-12-31
   The Preventive Detention Act, 1950 ceased to have effect. [2]

The documents

1. [1] Section 14 in Preventive Detention Act, 1950 - Indian Kanoon Court, indiankanoon.org
2. [2] Section 1 in Preventive Detention Act, 1950 - Indian Kanoon Court, indiankanoon.org
3. [3] Section 11 in Preventive Detention Act, 1950 - Indian Kanoon Court, indiankanoon.org
4. [4] Section 1 in Preventive Detention Act, 1950 - Indian Kanoon Court, indiankanoon.org
5. [5] Section 3 in Preventive Detention Act, 1950 - Indian Kanoon Court, indiankanoon.org
6. [6] Constituent Assembly Debates On 16 September, 1949 Part I Court, indiankanoon.org
7. [7] Constituent Assembly Debates On 15 September, 1949 Part Ii Court, indiankanoon.org
8. [8] Constituent Assembly Debates On 18 May, 1949 Part I Court, indiankanoon.org
9. [9] Chandra Sheikhar Prasad Singh vs The State Of Bihar on 24 ... Court, indiankanoon.org
10. [10] Ashutosh Lahiry vs The State Of Delhi And Anr. on 19 May, 1950 Court, indiankanoon.org
11. [11] A.K. Gopalan v. State of Madras & Union of India (1950) Web, drishtijudiciary.com
12. [12] A. K. Gopalan v. State of Madras - Wikipedia Web, en.wikipedia.org

Compiled from the documents cited, 1 Oct 2026