Article 370 Case : Live Updates From Supreme Court [Day 15]

Update: 2023-09-04 04:55 GMT
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Live Updates - Page 10
2023-09-04 07:08 GMT

Kumar: What is the problem they've suffered because of S 6 of J&K constitution and Article 35A of Indian Constitution as applicable to J&K? 6 purported to set out who permanent residents are. 35A said that permanent residents will get certain benefits.

2023-09-04 07:05 GMT

Kumar: For example, the intervenors are probably the first victims of the problems which took place during partition...these persons were displaced from force of circumstances.

2023-09-04 07:04 GMT

Kumar: The reason why I make this submission is that whether it be these intervening applicants or any others...they represent a cross section of people from J&K who have suffered discrimination and loss of rights.

2023-09-04 07:03 GMT

Kumar: The rights perspective is the decisive factor in determining the tenability of the challenge mounted by the petitioner. The rights perspective will trump all allegations of procedural infirmities.

2023-09-04 07:02 GMT

Sr Adv Gurukrishna Kumar: I appear in an IA. The applicants are persons displaced from that portion of J&K which is now called Pakistan occupied Kashmir.

2023-09-04 07:01 GMT

Sr Adv Mahesh Jethmalani concludes his arguments.

2023-09-04 07:01 GMT

Jethmalani: All that the amendment to 367 did was to recognise an implicit provision. It was not only synonymous but also its successor. CO 272 did not make a substantive change. It made a clarificatory change which was already implicit.

2023-09-04 06:57 GMT

Jethmalani: I agree but the alternative conclusion would be that you could never abrogate Article 370.

2023-09-04 06:56 GMT

CJI: The only difference is that legislature which exercises the power of amendment is not a constituent assembly, it is exercising a constituent power.

2023-09-04 06:55 GMT

Jethmalani: This was deleted because after the dissolution of the Constituent Assembly, the constituent power in J&K was now the legislative assembly. The power of amendment under Art 368 is in virtue of constituent power.

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