Article 370 Case Hearing : Live Updates From Supreme Court [Day 16]

Shah: Insofar as the development is concerned, they say self governance is better than good governance - give our self governance back. They say nation has to grow, we want to have a unified nation. Ofcourse, very good thought. But for that you need to win hearts of people.

Shah: In 1957, we adopted our own constitution. Prior to that, we had Constituent Assembly. But after the constitution was adopted- the state govt comes under existence under the constitution of J&K. At the same time, it is required to give concurrence under Article 370.

Shah: Residual sovereignty remained with the Maharaja. It got transferred over to people. It didn't go into Article 1 or 370- it has gone to the people. In exercise of that residual sovereignty, the constitution of J&K was made.

The bench has reconvened.

The bench rises for lunch.

CJI: At lunch, the counsels may ration time so that we're done by 4 pm today.

Sr Adv Zaffar Shah commences his rejoinder arguments by taking the bench through the history of J&K's accession with India.

Senior Advocate Gopal Subramanium concludes his arguments.

Subramanium: 356, with very great respect, is never intended to be used for the purpose of usurping state legislatures. It cannot be done. That notional vesting of power is limited for a small purpose under 356. 370 isn't a purpose intra vires 356. It's alien to 356.

Subramanium: Yes, we thought it was temporary. But by the will of people, it became a mainstay.

Subramanium: Yes but I'm saying that the establishment of the institutions owe their genesis not to the Indian Constitution but to the J&K Constitution.