Dwivedi: When you breakdown a State into UT, the parliament becomes the sole legislature. When parliament is a sole legislature, the state comes out of the pedal structure.
Dwivedi: If the text and the context, as per my submission, inevitably show that the power couldn't have survived beyond '57, there is a case to be looked into.
Dwivedi: I only have submissions on two things. One is the demolition of a State into UT. Please have a look at 246(4).
Senior Advocate Dinesh Dwivedi commences his arguments.
Naphade: The whole constitutional structure is demolished, substantively restructured vis a vis J&K.
Senior Advocate Naphade concludes his submissions.
Naphade: Appointment of HC judges- as far as other states are concerned, governor is one of the people to be consulted. Governor means aid and advice. So that also goes away. Several provisions are impacted.
Naphade: Other disastrous consequences - Article 279A, representation in the GST council. People of J&K and Ladakh have no say.
Naphade: J&K will have the same rights as Pondicherry. This will require a constitutional amendment. You cannot do it by law like this.
Naphade: This is the exclusion of such a big area- no say in the election of the President - if not by direct, by indirect method.
Naphade: Look at the election of president. For the election, the electorate contains MPs both RS and LS and also the legislative members of respective states. J&K is not a state so it has no say for election of President.