Dwivedi: The president means council of ministers and the council of ministers means collectively responsible to the parliament. So Article 53 read with 73 and read with 75(3), council of ministers can go to the parliament any time to obtain its views
Dwivedi: The rider goes, the main part expands. The proviso goes, the main part expands and there would be no need for approval.
Dwivedi argues that the word 'recommendation' under Article 370(3) means that the assent of the Constituent Assembly was not necessary to abrogate Article 370.
Dwivedi takes the bench through a slew of judgements.
Dwivedi: A power which enables amendment of the provisions of the Const, be it a derived constitutional power- it's nature is Constituent. The fact that it rests with the parliament or the president wouldn't make a difference. It's certainly not like the ordinance making power.
Dwivedi: Yes, the proviso is a limitation so long as the JKCA is alive. It's death doesn't mean the death of the main power.
Sr Adv Rakesh Dwivedi continues his arguments from yesterday.
Dwivedi: Looking at the nature of the power under the main part of 370(3), the proviso cannot be construed to mean that if it lapses, the constituent power lapses.