CJI: So Art 357 is not been made applicable. And therefore, no parliament can assume to itself the power of the state legislature to enact law and cannot delegate it further to the president
Parikh: Yes
Parikh: 356 was bought in by virtue of CO 71 in 1965. 357 was not adopted. It was only 356. One question which arises is what is the implication of 357 not being there?
Parikh: 356 was bought in by virtue of CO 71 in 1965. 357 was not adopted. It was only 356. One question which arises is what is the implication of 357 not being there?
Parikh: If the constitution assembly comes to an end, there can be no concurrence.
Parikh: In the book, Justice Anand says that autonomy and sovereignty are interchangeable. When we say autonomy, it also means sovereignty in people of J&K.
Parikh: The entire idea was that people wanted to have a democratic set up. Therefore, they came together, made a manifesto. That was given to Maharaja. This expression was translated to Constitution of J&K.
Parikh: The sovereignty rests with the people and they express their sovereignty in a specific way. This sovereignty was translated to J&K constitution.
Parikh: When there is a written constitution, the written constitution becomes supreme.
Parikh: The people of Kashmir came together and gave themselves a manifesto. They said they want a constitution and economic plan for Kashmir.
Sr Adv Sanjay Parikh commences his arguments.
Singh: What was tabled and passed by Rajya Sabha was contrary to Art 3.
Sr Adv CU Singh concludes his arguments