Article 370 Case Hearing : Live Updates From Supreme Court

Update: 2023-08-02 04:57 GMT
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Live Updates - Page 6
2023-08-02 08:58 GMT

Justice Khanna: Article 370(1)(d) cannot be read in isolation without reading sub clause 1 "Notwithstanding anything contained in Constitution".

2023-08-02 08:57 GMT

Sibal: So Article 1 and Article 370 shall apply as per Article 370(1)(c). Then Article 370(1)(d) mentions others provisions excluding 1 and 370.

2023-08-02 08:54 GMT

Sibal: That's the first limb of the argument - the restriction on law making power. Now let's read the explanation.

2023-08-02 08:53 GMT

Sibal: So the parliament can only make laws in matters present in the list and that also in consultation.

2023-08-02 08:53 GMT

Sibal: Article 370 states that the ordinary law making power of parliament shall be limited to those matters in the Union list and the Concurrent list which in consultation with the govt of state are declared by President to correspond to matters in IoA...

2023-08-02 08:52 GMT

The bench reassembles.

2023-08-02 07:51 GMT

The bench rises for lunch.

2023-08-02 07:49 GMT

CJI DY Chandrachud: That is conditioned to the first and the second proviso. These proviso don't refer to substantive provisions of Constitution at all. They only refer to matters governed in Union and concurrent list.

2023-08-02 07:48 GMT

CJI DY Chandrachud: The President is given an untrammelled power to specify which are the provisions of the Constitution which apply to J&K.

2023-08-02 07:47 GMT

CJI DY Chandrachud: In other words, the whole area of concurrence and consultation is confined to the entries of the Union and the Concurrent list. That's clear from the scheme.

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