Article 370 Case Hearing : Live Updates From Supreme Court

CJI DY Chandrachud: The first proviso refers to entries of union and concurrent list. The second proviso states "no such order"- it means orders mentioned in first order.

CJI DY Chandrachud: Now clause (c) refers to substantive provisions. Clause (d) refers to other provisions of the constitution which may be applicable under the orders of the President. Clause (d) is beyond the ambit of Clause (a).

CJI: ... insofar as IoA, those have to be specified by the president in consultation with the states. Clause (b)(2) refers to such other matters in said list where state concurrence is needed.

CJI: Look at clauses (b), (c), (d) in Article 370. Clause (b) refers to power of parliament to make laws for the state. It restricts it in two ways- first, those matters governed by IoA, those entries in Union & Concurrent list which are referred to IoA...

Justice Khanna: Let's leave 356 aside for now...All other matters which are not included in clause 1 can be now be legislated upon by concurrence of government of State.

Sibal: 356 itself is a temporary provision. What's the purpose of 356- to restore democracy. Is the intention behind 356 to decimate democracy?

CJI: But that is only on the basis that 370 becomes permanent after CA ceases to exist. If the hypothesis is not accepted then only way is to assert that a pre independence agreement has to be enforced. Can parliament of the state have limited powers in the state?

Justice Kaul: So if an elected assembly wants to abrogate article 370 then also it is not possible?

Sibal: Not possible!

Sibal: Then what is the difference between this and the act of crown or annexation of junagadh or hyderabad? If you have agreed to a process which two sovereign authorities have accepted then you must follow it or else it is the use of paramount power.

Sibal: There was disparity and there was 562 princely states and there were states with british crown and all had to be amalgamated. J&K was an exception. You cannot jettison the people of J&K and decide.