Today is the eleventh day of hearing in the Article 370 case in the Supreme Court. A Constitution Bench comprising Chief Justice of India DY Chandrachud, Justice S K Kaul, Justice Sanijv Khanna, Justice BR Gavai and Justice Surya Kant will hear a batch of petitions challenging the Centre's decision to repeal the special status of Jammu and Kashmir by diluting Article 370.The petitioners...
Today is the eleventh day of hearing in the Article 370 case in the Supreme Court. A Constitution Bench comprising Chief Justice of India DY Chandrachud, Justice S K Kaul, Justice Sanijv Khanna, Justice BR Gavai and Justice Surya Kant will hear a batch of petitions challenging the Centre's decision to repeal the special status of Jammu and Kashmir by diluting Article 370.
The petitioners have completed their arguments. Solicitor General of India Tushar Mehta will continue his arguments for the Union Government today.
Live-updates from the hearing can be tracked here :
The bench rises for the day.
Justice Khanna: Converting Ladakh into a UT- the other side has argued is downgrading it. Number two, Article 356- the maximum tenure is 3 years. We have crossed those 3 years
SG Mehta: It is necessary that for some time this remains under the Union as UT. The Hon'ble home minister in the house has said that this is a temporary measure. Ultimately, J&K will become a state. That's a separate argument.
SG: The arguments by petitioners are factually wrong- that my consolidated fund is gone, representation in parliament is gone, my elections- voting in parliament is gone, GST Council is gone- specific provisions have been made.
SG: I'll show that it is still a state for all purposes. It has a legislature. Only the power of police is with the president.
CJI: So Parliament would then give views to itself and it would also enact the legislation for reorganization.
SG: That's the inevitable consequence.
CJI: Would that really be consistent with the federal doctrine?
SG: It won't destroy federalism at all, I'll show it
CJI: The constitutional practice cannot obviate the legality of what is done.
SG: Even the views are taken here. In Punjab it wasn't done.
SG Mehta: During the president's rule, parliament acting as a state legislature, even reorganized the state of Punjab.
SG Mehta: Even budgets of a state have been passed by the parliament acting as a state legislature.
SG Mehta: I have taken, till date, whichever are the acts passed by parliament acting as a legislature of state, during president's rule. The list is given. There are 248 such clauses passed.