SG Mehta refers to Sardar Patel's statement- "Nor would it be my policy to conduct the relations of the new department of the States in any manner which severs of the domination of one over the other. If there would be any domination, it would be that of our mutual interest."
SG Mehta continues reading the history of accession.
SG Mehta: We have dealt with every princely state in a democratic manner. And everyone has voluntarily come, including J&K as I will show further.
SG Mehta: "The Maharaja stated that he would never accede to Pakistan as they were setting up a theocratic state..." This is by Narayani Basu and VP Menon's book. Narayani Basu was I think the granddaughter of VP Menon and a very seasoned bureaucrat.
SG Mehta: 'Equality of Status' was the goal while framing the constitution. One segment of the union cannot be deprived by rights enjoyed by the rest of the country.
SG Mehta: The interpretation given by the petitioner was that the Autonomy was foundational stone of constitution making...states are still Autonomous in terms of list II, Schedule VII etc. Several provisions give them internal autonomy while being part of India
SG Mehta: All these states which became a part of India had differently worded instruments of accession. Some said taxation would be within our domain only. But thereafter when legislative history progresses...this is how countries are formed.
SG Mehta: J&K had four representatives including Lt Sheikh Abdullah ji. But the relevant part is that when more and more princely states started acceding and accepting the constitution of India, they started participating in framing of Constitution.
SG Mehta: The basic argument that J&K was the only princely state with its own constitution is factually incorrect.
SG Mehta continues reading from the list of dates on history of accession.
SG Mehta: Foreign affairs, obviously they would want the greater power to control. Ultimately, everything started getting subsumed. Art 1 came and when first schedule came, only sovereign that remained was 'we the people of India'.
SG: They were all making their Constitutions. Why these three subjects are kept by J&K also- defence, communication, foreign affairs. There is a small princely state. It cannot have its own army. British laid postal services & railways so communication was crucial.