Article 370 Case : Live Updates From Supreme Court Hearing [Day 9]

Update: 2023-08-23 04:59 GMT
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Live Updates - Page 9
2023-08-23 06:52 GMT

CJI: The reference of this case is confined to Aticle 370. There is no commonality of interest in the IA and the case being heard. In any event, SG's statement on behad of Union, allays any apprehension in this regard. Thus, the IA stands disposed off.

2023-08-23 06:51 GMT

CJI: Hence, it is submitted that the interpretation by this court in 370 would impact other provisions. SG has submitted on specific instructions of Union that Union Government has no intention to affect any of the special provisions applicable to North east or any part of India

2023-08-23 06:49 GMT

CJI: The applicant urging their submissions through Mr Tiwari has urged that apart from the provisions contained in Part XXI of the Constitution pertaining to J&K, there are special provisions governing the North east.

2023-08-23 06:49 GMT

ustice Gavai: Special Provisions are there in state of Maharashtra also. But we're only interpreting 370 right now.

CJI: You have nothing to say on Article 370. So why should we hear?...We will close your IA by taking submission of SG on record.

2023-08-23 06:45 GMT

CJI: We should not enter that territory at all. The impact of abrogation - that point has been made. Let's not focus on North East like this. The apprehensions are allayed by the statement of the central government.

2023-08-23 06:44 GMT

Justice Kaul: This is a special provision. 370 is stated to be a temporary provision.

CJI: When as a constitutional principle the SG has informed us that the govt has no such intention why should we apprehend this at all?

2023-08-23 06:43 GMT

Tiwari: I was not referring to the current central government. I was referring to the principle at state.

CJI: Why should we deal with anything in anticipation or apprehension? We are dealing with a specific provision of Art 370. We don't have to expand the ambit on impact.

2023-08-23 06:41 GMT

SG Mehta: The Central government has no intention to touch any part which gives special provisions to North East and other regions. This submission will have a very potential mischief. There is no apprehension and there is no need to create apprehension.

2023-08-23 06:39 GMT

SG Mehta: I have instructions to say this. We must understand the difference between temporary provision which is Article 370 and special provisions with regards to the north east.

2023-08-23 06:38 GMT

Tiwari: That is how Art 370, which applies to J&K, Art 371, the six sub parts which apply to North East and the sixth schedule of Constitution which applies to Assam, Tripura, Meghalaya, becomes relevant in this matter.

Tiwari: Even a slight apprehension in the periphery of India can have serious implications. Your lordships are currently dealing with one such situation in Manipur.

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