Abstract
Article 370 was created with a view that its existence would be temporary. The Ruler of J&K signed the instrument of Accession whereby only three subjects were surrendered i.e. External affairs, Defense and Communications, by the state to the Dominion of India. The relationship between the state of J&K and the Union of India is exceptional. The state enjoys a greater measure of autonomy and the power of the Union of India is restricted, as regards other states. The Union of India is incompetent to declare financial emergency and emergency in case of failing of constitutional machinery with respect to the state of J&K. Only emergency due to war or external aggression can be declared as within the scope of defense as surrendered to Union of India.
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