[Live Updates] SC Hearing On Article 370 & JK Reorganization

Update: 2020-01-21 05:13 GMT
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The Constitution Bench comprising Justices N V Ramana, S K Kaul, Subhash Reddy, Surya Kant and BR Gavai is hearing a batch of petitions challenging the Presidential Orders of August 5&6 issued under Article 370 of the Constitution which repealed the special status of Jammu and Kashmir. The bench is also considering the constitutional validity of the J&K Reorganization Act which...

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The Constitution Bench comprising Justices N V Ramana, S K Kaul, Subhash Reddy, Surya Kant and BR Gavai is hearing a batch of petitions challenging the Presidential Orders of August 5&6 issued under Article 370 of the Constitution which repealed the special status of Jammu and Kashmir. 

The bench is also considering the constitutional validity of the J&K Reorganization Act which bifurcated the state into Union Territories of J&K and Ladakh.

Follow this page for live updates.

Live Updates
2020-01-21 10:11 GMT

Now Sr Adv Sanjay Parekh making submissions.

"All the Presidential Orders issued were void ab initio because he didn’t have the requisite power to exercise the same."

2020-01-21 10:11 GMT

Dwivedi : Secondly, they changed CA to Legislative Assembly. This is not a provision of the Constitution; it is a creation of the Constitution. If LA is normally introduced in Clause 3 & 2, then second and first Order will automatically go and the Reorganisation Act will fall.

2020-01-21 10:07 GMT

Dwivedi : Secondly, they changed CA to Legislative Assembly. This is not a provision of the Constitution; it is a creation of the Constitution. If LA is normally introduced in Clause 3 & 2, then second and first Order will automatically go and the Reorganisation Act will fall.

2020-01-21 10:06 GMT

Dwivedi : How can an executive exercise of power supersede constitutional power ?

First Order says that it has been issued under 370(1)(d). Now if other provisions have to be implemented under the same, how is it possible ? The CA is not there, the power is not there.

2020-01-21 10:03 GMT

Justice Gavai asks who has the power to amend then. Dwivedi responds that this doesn’t come from 370. It might be found in the folds of the two Constitutions, but not under these Articles.

2020-01-21 09:45 GMT

Dwivedi : If I am correct in my assessment, both the Constitutions are parallel and independent of each other.

2020-01-21 09:44 GMT

Dwivedi : Can 370 say that we are lifelong and we will continue to exist ? If this question can be answered in yes, then the whole debate to regulate the State and Centre relationship is meaningless because then you can keep intervening.

2020-01-21 09:27 GMT

Dwivedi : Art. 368 is shaped by the philosophy that the Constitution will be moulded according to the changing times.

2020-01-21 09:19 GMT

Dwivedi : Let us take our Constitution. Do we believe it was there a year or a limited period ? It’s believed to be unlimited. It’s not carved in stone, because there’s always an amending power.

2020-01-21 09:19 GMT

Constitutions are not made for a day. These can be seen from Proclamations and the debates. It is for the welfare of the people.

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