Article 370 Case Hearing : Live Updates From Supreme Court

Justice Khanna: Article 370(1)(d) cannot be read in isolation without reading sub clause 1 "Notwithstanding anything contained in Constitution".

Sibal: So Article 1 and Article 370 shall apply as per Article 370(1)(c). Then Article 370(1)(d) mentions others provisions excluding 1 and 370.

Sibal: That's the first limb of the argument - the restriction on law making power. Now let's read the explanation.

Sibal: So the parliament can only make laws in matters present in the list and that also in consultation.

Sibal: Article 370 states that the ordinary law making power of parliament shall be limited to those matters in the Union list and the Concurrent list which in consultation with the govt of state are declared by President to correspond to matters in IoA...

The bench reassembles.

The bench rises for lunch.

CJI DY Chandrachud: That is conditioned to the first and the second proviso. These proviso don't refer to substantive provisions of Constitution at all. They only refer to matters governed in Union and concurrent list.

CJI DY Chandrachud: The President is given an untrammelled power to specify which are the provisions of the Constitution which apply to J&K.

CJI DY Chandrachud: In other words, the whole area of concurrence and consultation is confined to the entries of the Union and the Concurrent list. That's clear from the scheme.