Article 370 Case : Live Updates From Supreme Court [Day 6]

Update: 2023-08-16 04:56 GMT
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Live Updates - Page 10
2023-08-16 06:59 GMT

Dhavan: Autonomy of states is fundamental to our constitution.

2023-08-16 06:59 GMT

Dhavan: Then I come to Schedule VI.

2023-08-16 06:58 GMT

Dhavan: 244A relates to autonomous states. Our constitution doesn't shy away from creating autonomous states.

2023-08-16 06:57 GMT

Dhavan: Now come to Article 244. This is dealing with scheduled and tribal areas. None of this can be wished away. It is so crucial for diversity of our constitution.

2023-08-16 06:56 GMT

Dhavan: Here is the exercise of the most fundamental exercise of three tier federalism which is a part of the constitution. Then 243ZC says the same. 243ZD is about municipalities. It applies to UTs which has a legislative assembly. What happens to Ladakh?

2023-08-16 06:54 GMT

Dhavan: Then it won't apply to Arunachal Pradesh. Once again, here is a non legislative function.

2023-08-16 06:53 GMT

Dhavan: 243N says part of panchayats doesn't apply to certain areas. I'm just showing the diversity that exists. Come to sub clause (2)(3)(a)- it shall not apply to Darjeeling.

2023-08-16 06:52 GMT

Dhavan: Please let me take you to 243, particularly 243N and 243ZC.

2023-08-16 06:50 GMT

Dhavan: It undermines federalism and democracy itself.

2023-08-16 06:50 GMT

Dhavan refers to the two GNCTD v UOI judgements to elaborate upon his point pertaining to "diversity" of the Constitution.

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