Giri: The SG had taken your through Ganpatrao, which came later...
Giri cites Madhavrao Scindia judgement.
Giri: The federal structure mentioned under Article 370 is on a different plane...
CJI: We better wrap up now.
CJI: You can't invite us to hold in your favour on an unstateable proposition.
Giri: There was a challenge pending here for several years. 1986- a batch of petitions was then send over to HC, they're still pending...
CJI: This might be a little too far fetched because then that would be to postulate that original Article 370 was violative of basic structure.
Giri: If Article 370 is resurrected, that would also be violative of the basic structure of the Constitution.
Giri: When 370 was abrogated by CO 272 and all provisions became applicable to J&K, J&K became a state at complete par with all other states.
Giri: This sets out the relationship between Union and J&K at a plane, I'm not saying higher or lower, I'm saying at a plane different from the constantly interworking relationship between Union and all other states.
Giri: There are two or three features which emanate out of 370- one is that parliament requires the consent of the state govt in relation to matters which are included in List 1 and 3 but not relatable to IoA.