Article 370 Case : Live Updates From Supreme Court [Day 13]

Update: 2023-08-31 04:27 GMT
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Live Updates - Page 2
2023-08-31 09:48 GMT

Dwivedi: It cannot be described as an ordinary executive power of the President or even a power which is legislative in the nature of an ordinance making power.

Dwivedi: This is a constituent power which is laced with elements of act of state.

2023-08-31 09:46 GMT

Dwivedi: Where you're amending the constitution - that power is Constituent power.

2023-08-31 09:39 GMT

Dwivedi: The second is the ancillary constituent power- like Article 238 that for certain period, central govt would control part B states.

2023-08-31 09:39 GMT

Dwivedi: The power to modify in itself is very wide. There are five kinds of Constituent powers in the Constitution. First is the original Constituent power through which the constitution was framed.

2023-08-31 09:37 GMT

Dwivedi: My divergence is about the character of power of president. Mr Sibal said that it is executive, Mr Salve said that it is legislative. I say it is Constituent power much wider than Art 370.

2023-08-31 09:36 GMT

Dwivedi: I have some divergence from what Mr Salve submitted. It's not in opposition.

2023-08-31 09:34 GMT

Dwivedi: In constitutional matters, it is always possible to take two views...

2023-08-31 09:32 GMT

Dwivedi: So the burden on them is to show that what they've put forth is the only view possible.

2023-08-31 09:32 GMT

Dwivedi: The burden is on them to show that what they're saying is unquestionably right. Second, if there are two views, that view should be adopted which sustains the exercise of power and not defeats the exercise of power.

2023-08-31 09:28 GMT

Sr Adv Rakesh Dwivedi commences his arguments.

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