Dwivedi: This says that sovereignty comprises of two parts. Merely because you have ceded external sovereignty, it doesn't amount to ceding of internal sovereignty.
Dwivedi: The sovereignty being a variable concept has two factors- internal and external. There are two decisions your lordships may note- 1953 Pepsu- full bench which deals with a similar situation when Patiala merged with British paramountcy
Dwivedi: The first aspect we need to keep in mind is that sovereignty was retained by Raja in IoA. The concept of sovereignty is a variable concept.
Dwivedi: The conditions added in favour of Kashmir- that we're not bound by the Constitution or the future constitution, the internal sovereignty rests with the ruler, the UOI cannot acquire land in Kashmir- these were different.
Dwivedi: Kashmir was different both in terms of accession to dominion of India where it ceded at a different time as an independent state or a nation. And it was different in the sense that it didn't merge unlike the other states.
Dwivedi: Our basic theme is that Kashmir was different.
Dwivedi: Status of Kashmir was a Part D state when the Constitution was adopted. Yet, in 370, Art 238 was excluded. That speaks volumes about the autonomy of the state.
Dwivedi: Initially, all Indian states were promised that they'd have their constitutions. But through negotiations this was taken up.
Sr Adv Dinesh Dwivedi: Kashmir acceded differently. Rest of the states concluded standstill agreements before 1947. Because the standstill agreement was a precondition to accession. Kashmir did not do that.
The bench has convened.