A Constitution Bench will resume hearing today the batch of petitions challenging the dilution of #Article370 of the Constitution which took away the special status of Jammu and Kashmir.The bench comprising Chief Justice of India DY Chandrachud, Justice SK Kaul, Justice Sanjiv Khanna, Justice BR Gavai and Justice Surya Kant is likely to close the arguments from the petitioners' side...
A Constitution Bench will resume hearing today the batch of petitions challenging the dilution of #Article370 of the Constitution which took away the special status of Jammu and Kashmir.
The bench comprising Chief Justice of India DY Chandrachud, Justice SK Kaul, Justice Sanjiv Khanna, Justice BR Gavai and Justice Surya Kant is likely to close the arguments from the petitioners' side today.
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The petitioners have concluded their arguments. The Union will commence its arguments tomorrow. The bench rises for the day.
CJI: Just a little announcement, for next week, we will be sitting on Monday as well. Ofcourse we'll be sitting tomorrow too. Friday will be miscellaneous day.
Sr Adv Gopal Sankarnarayanan concludes his arguments.
Sankarnarayanan: What is provided under 370 is not a function, it's a power.
Sankarnarayanan: What is omitted under 356(1)(a) is only for the functions of the government to be taken by the president, not powers
Sankarnarayanan: You can see how absurd it becomes because by using powers under 356, can you do something which is irreversible and destructive?
Sankarnarayanan: I'm taking these extreme examples to show that if they're allowed to do this, heaven knows what else they could do!
Sankarnarayanan: Which is why, please take a sledgehammer to this. Justice Hidayatullah in Madhavrao Scindia said that we must take extreme examples to test what they're doing.
Sankarnarayanan: Using 367, the phrase 'the legislature of not less than 1/2 of the state' could be read as Rajya sabha or the law minister. You can say that.
CJI (smiles): You're giving all these ideas Mr Sankarnarayanan.
Sankarnarayanan: For example- the word 'person' in Art 21 can be interpreted to mean 'person accused of an offence'. In 367, I'll put an interpretation clause and say person means person accused of an offence. So all other rights under 21 are out of the window.