CJI: After the Constituent Assembly took its decision in 1957, the dominion of India would have no power to apply any provisions of the Constitution?
Dwivedi: When they gave this power of consultation and concurrence, it was in a peculiar situation, not beyond that.
Dwivedi: Our thinking, which we have been tuned to think for last 70 years, is that one nation, one constitution. But where is that prescribed?
CJI DY Chandrachud: Can we say that a speech made by an individual member of the Constituent Assembly, however weighty, represents a commitment by the nation to J&K? This would have a bearing on the interpretation of Constitution.
Dwivedi: Noone has deleted (1)(b)(i)- because there is no power to change that. Also see (1)(b)(ii).
Dwivedi: 238 shall not apply in relation to 370. It has not been changed because there is no power to change it. 1952 onwards, clause (3) hasn't been used.
CJI: Which are the features of Art 370 which indicate that it ceases to exist post the formation of J&K constitution?
Dwivedi: All provisions of concurrence and consultation were interim till the Constituent Assembly was formed.
Dwivedi: The Constituent Assembly is always regarded by us as the most august assembly. They were men who fully knew what Constitution means. When they say Kashmir should frame their own constitution, they couldn't have implied something else.
Dwivedi: All this argument that it has become permanent - we are giving meaning to the word 'temporary' used in the Constitutional provisions de hors the context.