Salve: In textual bit, what is of significance is that if the idea was that the president could only give effect to recommendation of Constituent Assembly- then that would have been made the precondition for exercise of power.
Salve: The first point relates to construction of proviso. Normally these are the three aspects that are looked at- textual, contextual, and historical. The author of the provision and list of date sets out in detail - on whether there should be special treatment of Kashmir.
Salve: This was an element accomodating certain political compromises within the constitutional framework. And it now stands as it does and its words have to be given their plain meaning.
Salve: I am only supplementing some submissions made. One is construction of proviso to 370(3), the width of power under 370, the nature of the power of president under various sub articles under 370, the absence of a challenge on administrative law principle of abuse of power.
Salve: I am appearing on behalf of the applicant in an IA. I have made a three page roadmap of what I'll submit.
CJI: If there is something which remains, you can tell us after lunch. Thank you.
Senior Advocate Harish Salve commences his arguments.
AG: It is open to the President to take stock of all exercises undertaken under Art 370 and take into account the larger considerations that loom large before the nation, particularly before J&K.
AG: That precisely is what happened now. The president started saying that the president is not precluded from taking stock. It's inherent in Article 370.
AG: There is only one solitary interpretation - that it is to aid the constitutional integration process. Whatever has happened even thereafter is to be seen in the light of that. If any deviation occurs, it is open to correction by the President.
AG: The determination of Article 370 must occur at some time, notwithstanding whatever happened over a period. If determination can occur in more than one way, whichever is the way that will advance the larger interest...
AG: When you talk of substitution of a legislative assembly by Legislative Assembly, we are looking at the non legislative functions of the legislature. If the Constituent Assembly had recommended to the President before 1957, it would have done the same job.