SG: Here is a border state where one of our territories is occupied by Pakistan - we have PoK. I have given figures of deaths taking place every year. This is a problem faced by nation since decades which we're sorting out.
Justice Kaul: I understood your argument that these border states are their own category. How do you distinguish between J&K with any other border states?
Justice Kaul: Tomorrow if there is a scenario that each of these states face this problem...
SG: Your lordships are dealing with a one of a kind situation which will not arise...
Justice Kaul: It's not one of its kind situation. We have seen the northern border Punjab- very difficult times. Similarly, some states in North East.
CJI: Once you concede that power to the union in relation to every Indian state, how do you ensure that the kind of abuse they apprehended- this power will not be misused
SG: There are several considerations. We will have to start with democratic local self governance so people participate in the internal institutions for their own good.
SG: All are policy considerations. Whenever a state reorganization takes place, not only are their policy considerations as to why but also a blue print as to what the centre would do after the state is reorganised. How to bring youth in mainstream? How to employ, float schemes.
Justice Kaul: We have many states with borders.
SG: The history also- how situation in Kashmir is developing, the deaths of civilians, the deaths of security forces, the number of attacks, stone pelting, the hartals, paralysing schools, hospitals, banks, businesses- everything.
SG Mehta: We share borders with atleast four countries, all of which may not be friendly to put it mildly.
SG: This is a one of a kind case. If Gujarat or MP was to be bifurcated, the parameters would be diff. But when J&K, considering its strategic importance, border state, history of terrorism, history of infiltration, history of outside influence- there'd be some considerations.