Naphade: Take an example - while applying the indian constitution to J&K, let's say that Art 14 or 21 doesn't apply. Will it or will it not trouble your conscience?
Naphade: So my first submission is that there are implied limitations on power to modify.
Naphade: The question that arises is whether there are any implied limitations on the power to modify?
Senior Advocate Shekhar Naphade commences his arguments.
Sr Adv Naphade: Beneath the apparent constitutionality lies patent illegality
Dave: You're supposed to go to all state legislatures and take their approval because they're also concerned. 368 is very beautifully worded. There are so many safeguards.
Senior Advocate Dushyant Dave has concluded his submissions.
Dave: You didn't want to go to legislature because you're now you're taking away from the Lok Sabha and Rajya Sabha members. Once you divide the territory, that representation is gone.
Dave: The only reason you did it is because you told people of India that vote for me and I'll abrogate 370. That shows that the power has been exercised for colourable considerations. Actual exercise is fraud with irrelevant considerations which cannot apply.
Dave: In 2015, EC did issue guidelines and said your manifestos must be as per constitutional scheme. Today, because you have majority in parliament, you have done this.
Dave: I have quoted from the 2019 BJP Manifesto which says that we'll abrogate 370. Your lordships have said in 2013 that these manifestos can't be contrary to Constitutional scheme and directed EC to issue guidelines.
Dave: There is no power to touch it because 370(3) has lived its purpose.
Dave: In any case, the exercise suffers from fraud of constitution because it has been done completely contrary to constitutional provisions and principles of democracy and federalism.
Dave: Whichever way you look at it, if the exercise of power by the constitution or parliament has to be done under the constitution itself, then constitutional sense or Provisions prohibit both president and parliament from touch Article 370(3) in any manner to abrogate it.