Subramanium: J&K constitution can be repealed by that legislature. But it cannot be abrogated by us. The constitution is a legal document. It has constituted the legislature. It is entitled to be noticed. That constitution cannot be wished away unless power is located somewhere.
Subramanium: Federalism and supremacy of constitution are conjoint principles. Both of them are injected necessarily in 370.
Subramanium: Orders may be issued under Art 370(1) but they need to be based on bilateralism. It is necessary to involve what is agreed upon by the State. Sans the state, sans legislature, it wouldn't be consistent with constitutional principles to interpret 370 unilaterally.
Justice Khanna: If you look at 370, it says that modifications can be done that the Constitution of India as applicable to J&K should assimilate whatever is happening in other parts of the country.
Justice Khanna: By its very nature, Article 370 is very flexible. Normally constitutions are flexible with time and space because they're made once but they last for long times.
Justice Khanna: You may call it J&K Constitution. But what was adopted was Indian constitution with exceptions and modifications.
Justice Khanna: When we read the earlier part of the 1954 order, it was clear that the Indian Constitution had been adopted with the omissions and modifications.
Subramanium: The power to amend the J&J constitution being a constitution created by a constituent assembly can only lie with the body which has been created by that constitution. That is settled law.
Subramanium: In Sampat Prakash, there is an express statement supported by legislative record, that constituent assembly did not abrogate but insisted on continuance of 370. Sampat prakash takes the position that 370 was here to stay.
Subramanium: If the J&K constitution has to operate, 370 has to be in existence. The application of the provisions of Indian Constitution to J&K can happen only through 370. 370 cannot be used to self destruct or modify itself.