Article 370 Case : Live Updates From Supreme Court [Day 11]

Update: 2023-08-28 05:02 GMT
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Live Updates - Page 7
2023-08-28 05:55 GMT

SG Mehta: Article 35A was created, which is a part of Constitution of India, only to be applied to the State of J&K.

2023-08-28 05:54 GMT

SG: The effect of 370 with 367- is that by an administrative act of the President and the Govt of the State, any part of the Constitution can be amended, can be altered, can even be destroyed and not applied, and new provisions can even be created in Constitution of India.

2023-08-28 05:51 GMT

SG: Despite full knowledge that Article 370 is a part of the Constitution, despite having accepted in the Constituent Assembly debates of J&K that it is temporary, they chose not to make any recommendation under sub-article (3). That is a separate link. I'm flagging it here.

2023-08-28 05:46 GMT

SG Mehta: Whenever a word in Article 370 becomes otiose for that post not being in existence, it is immediately replaced by its successor. Sadar-i-riyasat is replaced by Governor etc.

2023-08-28 05:44 GMT

SG Mehta: It's in the segment of my arguments...

CJI: Then we will deal with it when we reach there.

2023-08-28 05:43 GMT

CJI: But more importantly, once A 238 makes certain provisions of Constitution inapplicable to Part III states, esp J&K, which would be brought into force by the Constituent Assembly framing a Constitution, then it may be difficult to purely call it a legislative assembly.

2023-08-28 05:42 GMT

CJI: That would be a problem for two reasons- That's not how Article 370(2) refers to it as. It refers to it as Constituent Assembly of State.

2023-08-28 05:40 GMT

CJI: In your note, you have contended that the Constituent Assembly of J&K was in the nature of a legislative assembly and not a Constituent Assembly. That, strictly speaking, there may be a problem.

2023-08-28 05:39 GMT

SG Mehta: I'll show that J&K constitution was subordinate to Indian Constitution.

2023-08-28 05:37 GMT

CJI: Likewise you said that in the Preamble amendment of 1976 was applied with modifications. So secularism and socialism amendment was never adopted in J&K.

SG Mehta: Yes, even the word "integrity" was not applied.

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