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

Update: 2023-08-16 04:56 GMT
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Live Updates - Page 12
2023-08-16 06:30 GMT

Dhavan: I will now again refer to the diversity of this constitution. Because your lordship is concerned with how this diversity can be preserved.

2023-08-16 06:29 GMT

Dhavan: This is fundamental of how this process of dilution of 370 occured.

2023-08-16 06:28 GMT

Dhavan: It is limited to legislative powers. It certainly cannot amend the constitution. Or deprive the constitution of its mandatory procedural requirements.

2023-08-16 06:26 GMT

Dhavan: So it has to be limited. Otherwise what happened in 5th August onwards- can happen to any other state during president's rule.

2023-08-16 06:25 GMT

Dhavan: Transferring executive and parliamentary functions, that is the power to legislate alone, is the core of 356 and 357. There are many provisions in the constitution where legislature exercises other powers- of election, consultation etc.

2023-08-16 06:24 GMT

Dhavan: 356 has been used and abused to appoint but there must be some discipline to it. It is certainly not a power to amend the constitution.

2023-08-16 06:23 GMT

Dhavan: 356 is not plenary in nature. It is the bane of the Indian Constitution. It is introduced again and again and again.

2023-08-16 06:20 GMT

CJI: To accept your argument we have to hold, ofc by the process of construction, that those powers referrable to Art 3&4 which are powers of legislature of the state...

2023-08-16 06:17 GMT

Dhavan: They can pass a law, subject to all limitations. Except, when it passes a law under Art 3&4, it must observe the conditionality.

2023-08-16 06:15 GMT

CJI: Can parliament enact a law during the subsistence of a proclamation under Art 356 in exercise of power under Art 246(2) or in respect of state list item?

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