A Constitution Bench of the Supreme Court will continue its hearing today in the petitions challenging the decision of the Central Government to scrap the special status of Jammu and Kashmir by diluting Article 370 of the Constitution.A bench comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai and Justice Surya Kant will hear...
A Constitution Bench of the Supreme Court will continue its hearing today in the petitions challenging the decision of the Central Government to scrap the special status of Jammu and Kashmir by diluting Article 370 of the Constitution.
A bench comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai and Justice Surya Kant will hear the matter. Senior Advocate Kapil Sibal argued for the first three days. Senior Advocate Gopal Subramanian is expected to commence his arguments today.
CJI: We will continue tomorrow morning.
The matter concludes for the day.
Shah: Art 370 is a special relationship between J&K and India. What does constitution of India do with a state that hasn't merged but acceded?
Shah: He doesn't do that. He says I'll run my own state. He says you take care of defence, foreign affairs, and communication but rest I'll take care of. That's the intention.
Shah: Nothing prevented him to merge with India, to totally erase itself of its status.
Shah: The IoA is an act of State- between two sovereign states. I'll shake hands with you but I'll not embrace you.
CJI: Notwithstanding this, IoA says that you're unconditionally acceding to dominion of India.
CJI: What seems to have happened in IoA is that sovereignty seems to have transferred to India but the power of legislation - because legislation is one part of sovereignty - is not with parliament.
CJI: Take other states- Maharashtra, UP, TN- there are certain fetters on powers of parliament to enact laws. Parliament cannot enact laws at all with respect to List II. In relation to NCT Delhi, Parliament can enact laws on List I,II, III...there are different models.
CJI: Once accession takes place, there are certain fetters- that he unconditionally recognises the sovereignty of India but he retains certain exceptions. He says I'm surrendering powers for three areas. But what accession means is J&K becomes intrinsic part of India.
Shah: Art 370 subsumes the sovereignty which was retained by Maharaja. At the same time, its finality could not be determined - not of 370 but of the State itself.