Guruswamy: The abrogation of Article 370 and the subsequent reorganisation act- by abolishing the bicameralism legislature of the state has further violated the unique autonomy secured by the State of J&K.
Guruswamy refers to the Constituent Assembly debates.
Guruswamy: Keeping the residuary powers of state with J&K is unique to the State of J&K...this brand of sovereignty is unique to J&K.
Guruswamy: The abrogation of Article 370 has vitiated the unique internal sovereignty guaranteed by both J&K Constitution and India.
Guruswamy refers to Sections 4 and 5 of the J&K Constitution.
Guruswamy: It is not simply about that Constituent Assembly but it is about the promises of our Constituent Assembly.
Guruswamy: Such territorial integrity was not promised to any other state. This was all part of the founding intention
Guruswamy: It was envisaged by our founders for the State of J&K integrated with Union of India. It's not just Art 1 and 370 which is part of that constitutional intention. It's much more than that. It's the specific Provisions of J&K Constitution - Sections 4 and 5.
Guruswamy: But your lordships have embarked upon this methodology of expansive and transformative constitutionalism. And thank heavens for that! Because that goes back to the needs of our difficult foundings.
Guruswamy: If my lords had chosen a different path since 1970s- of minimalist interpretation, of limited review- then we would not have to worry about constitution's founding moments.
Guruswamy: There are certain seminal founding moments for constitutions. They're imp because this court has walked the path of transformative & expansive constitutional interpretation. Your jurisprudential moorings derive legitimacy from our drafters' constitutional intention.