Subramanium: The provision of interpretation, or to aid interpretation, is an aid to construction. It is no more than an aid to seek and designate the references of expressions in a constitution.
Subramanium: A new exception or modification is now carved out for the application of the entire Constitution. That exception or modification is no more than what is seemingly a change in a provision of interpretation.
Subramanium: "All the provisions of the Constitution as amended shall apply to the State of J&K"- this militates against the principle of exceptions and modifications which would be bilaterally urged. This emasculates bilateralism inbuilt in (1).
Subramanium: This is why the wholesale abrogation of the 1954 order which is the indication of asymmetric federalism, constitutionally recognised under 370, cannot be abrogated.
Subramanium: Section 10 refers to the Constitution of India. "The permanent residents of the State shall have all the rights guaranteed to them under the Constitution of India."
Subramanium: When we look at the 1954 order, like Art 35A, which has a special provision in relation to right of residents, the same is mirrored in the State Constitution.
Sr Adv Gopal Subramanium: The implications of the abrogation of 1954 order is completely serious and irreversible.
The bench has reconvened post lunch.
Subramanium: If it is so interpreted, this concurrence- the concurrence of the governor, is not the constitutionally mandated concurrence under Art 370.