Shah: This means the govt which has council of ministers in place.
Shah: When he assumes to himself the jurisdiction that I'm the governor, I fail to understand who could make the recommendation under 356. The opening word of CO 272 is "the president in concurrence with govt of j&k..."
Shah: In terms of the presidential notification, the president of India assumes to himself the powers of the governor not only under the constitution of India but also the constitution of J&K.
Shah: This is an extremely important part of the power to be exercised by the governor as the head of the state in making any kind of recommendation to the president.
Shah: Article 370 and its explanation defines what is meant by the govt of a state. Govt of state can exist without council of ministers. But what 370 envisages is a govt of a state aided and advised by the council of ministers.
Shah: What is sought to be done in terms of this is- they do away with the Constitution and they do away with IoA.
Shah: No power vests in any authority to amend the constitution whether it is 92 or 356.
Shah: Provisions of DPSPs doesn't apply to J&K because the state has its own directive principles
Shah: What did the Constituent Assembly ensure? It ensured that J&K shall remain an integral part of India. Second thing it ensured that the provisions of the Constitution of India will be made applicable to J&K.
Shah: What is contained in the Constitution of J&K could not also be contained in the Constitution of India. So all those provisions of Constitution of India in conflict with J&K constitution were not made applicable to J&K