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

CJI: Who would appoint judges to the HC of J&K?

Subramanium: The Chief Justice is involved. The CJI is referred to.

CJI: The President would appoint judges to the HC of J&K. The President would transfer judges from HC of J&K.

Subramanium: It's a constitution. The J&K HC owes its existence to this constitution. The legislature of J&K owes its existence to this constitution. These are institutions of a permanent nature established under the Constitution.

Subramanium: If it meant under the Constitution of India, it also meant the order under 370(1). In this case, I'm not saying it is superior. But I'd not like to say that it is inferior because it has established courts of law and the legislature.

CJI: The domain of the Constitution of J&K was that which was defined by Constitution of India. This was not therefore a Constitution which was at par with or superior to Constitution of India.

Subramanium: What is the further integration we're talking about? It is an article of faith, it's a parchment of pride for the people of J&K.

Subramanium: A claim of untrammelled power of President is flawed.

Subramanium: President is a part of the parliament. Parliament, by its very definition, includes the President and two houses. The President can never act without the aid and advice of council of ministers. The governors could but not President.

Subramanium: The word 'recommendation' was chosen consciously because the Constituent Assembly of J&K was not constituted by the GOI, it was under the proclamation of the Maharaja.

Subramanium: The constitution 7th amendment act in Article 152 inserted the words "excluding the state of J&K." The seventh amendment was assented on 19th Oct 1956. By then, the draft constitution of J&K was introduced on 10.10.1956.

Subramanium: The constitution does recognise the Jammu and Kashmir constitution. Please see the text of Article 370 itself.