Article 370 Case Hearing : Live Updates From Supreme Court

Sibal: The point that I'm making here is very simple- The government on the day accepted the fact that our relationships with J&K are on a separate footing.

Sibal: "The population of the State shall deemed to be 44 lakhs". At the moment it is about 14 million my lords.

Sibal: Now please see Schedule 2.

Justice Khanna: This is by an order.

Sibal: Yes, yes.

Justice Sanjiv Khanna: The IoA, the schedule which is shown, was far more restricted. These are more elaborate. They don't correspond.

Sibal: Correspond in the sense that they relate to defence, I'm not saying anything more than that.

Sibal: You'll find defence, naval military, delimitation, arms, atomic energy, preventive detention, foreign affairs, diplomatic relations, UN participation in intl conferences, war & peace, emigration, passports, railways, maritime- all this you will find in first schedule.

Sibal (reading from the list of dates): Please see 26th Jan 1950- this is the first Constitution application of J&K order.

Sibal: Your lordships may note that no revised instrument of accession was signed by the ruler of J&K. Just note that fact- December 1947 to September 1949.

Sibal reads from Maharaja Hari Singh's proclamation of 5th Match 1948 under which a popular interim government was established in J&K.

CJI: Possibly the subjects which the Instrument of Accession recognises in terms of legislative powers of the dominion must cover certain entries in the GOI. These subjects- there would be certain entries in GOI Act...

Sibal: I'll find which parts of GOI Act covers it.

CJI DY Chandrachud: These subjects, do they correspond specifically to certain entries on the Government of India Act?

Sibal: Subject of the State was with reference to those residing in the State, those who had come to the State, those who were in Pak and came back.