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

Update: 2023-08-16 04:56 GMT
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Live Updates - Page 15
2023-08-16 05:40 GMT

Dhavan: You have amended the constitution. And this mandatory provision takes us to the core of mandatory requirements of Art 3. Because the entire J&K Reorganization Act emanates from Art 3 and 4.

2023-08-16 05:39 GMT

Dhavan: This cannot be done under the proclamation, under 356. It is a constitutional amendment which is subversive of the constitution itself. If this suspension fails, president's rule will fail and it's extension in July fails.

2023-08-16 05:32 GMT

Dhavan refers the bench to the proviso of Article 3.

Dhavan: "It is mandatory for the President to refer the bill to the legislature". It is a condition precedent before you invoke Article 3.

2023-08-16 05:30 GMT

Dhavan: We have the greatest diversity. This diversity is unparalleled.

2023-08-16 05:30 GMT

Dhavan: The answer is none. It continues and has to continue to preserve the federation and conditions under which the federation was made.

2023-08-16 05:29 GMT

Dhavan: Your lordships also asked that on 4th August what was the autonomy you were going to lose?

2023-08-16 05:28 GMT

Dhavan: If there was no standstill agreement and and no merger agreement - the Maharaja would be absolute. So I take 370 to be a constitutional substitute for a standstill agreement- without which we're lost.

2023-08-16 05:26 GMT

Dhavan: Now come to the merger agreement. This agreement indicates the extent of internal sovereignty.

2023-08-16 05:26 GMT

Dhavan: Because all the powers of the Maharaja - retained their internal sovereignty.

2023-08-16 05:25 GMT

Dhavan: Raja didn't sign the standstill. As far as internal sovereignty is concerned, the standstill was very important.

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