Now, reading out the first line of Art. 370, Dwivedi says that it could even modify Art 370. But, Art 368 doesn’t touch upon the Constitution of J&K. Additionally, Art. 238 also won’t apply because it was not a normal state like any other state.
Reading out the Constituent Assembly debates, Dwivedi is referring to how the the relation of Indian Constitution with J&K was only on the basis of the provision I.e. Art. 370.
Clause 6 of JK Instrument of Accession gives Dominion Legislature limited powers to make laws for the land : Dwivedi.
Clause 6 given below.
Dwivedi says that Clause 6 of JK IoA does not reflect in other Instruments of Accession.
Dwivedi submits that the Instrument of Accession did not affect the sovereignty of J&K.
Justice Kaul asking which line of the JK IoA was different from other Instruments of Accession.
Sr Adv Dinesh Dwivedi has started arguments.
He submits that the President had no constitutional power to issue the notifications of August 5&6, which effectively repealed the special status of J&K under #Article370.
Justice Kaul says "I started learning a lot of background after reading external materials".
Attorney General says that the Union Govt does not want the matter to be referred to larger bench.
Attorney General says that the Union Govt does not want the matter to be referred to larger bench.
Senior Advs Sanjay Parikh and Dinesh Dwivedi requesting the matter to be referred to larger bench whereas substantial number of other lawyers from the petitioner side opposing it including Dhavan, Gopal Sankaranarayanan, etc.
The Attorney General too opposing.