Article 370 Case : Live Updates From Supreme Court [Day 2]

CJI: There are two possible constructions of clause (d). In other words, if you're making exceptions or modifications, that is one construction. That if the President is making exceptions or modifications, then, if it relates to a (b)(i) subject, you require consultation.

Sibal: Kindly note the word "issued" in clause (d). That's the difference between 370(1)(b) and 370(1)(d). Because no orders are issued under 370(1)(b).

Sibal: 370(1)(d) does not talk about lists - it talks about Preamble, 356, fundamental rights- each of those orders requires the concurrence of the State.

Sibal: It only delineates the contours. I will distinguish it from (d) now.

Sibal: At that point the law has not been made. They're only saying that the contours under which the parliament will enact the law.

Sibal: What the clause says is that qua the lists in the IoA, the parliament may make a law but in consultation.

Justice Kaul: It's a double limitation.

CJI DY Chandrachud: Clause (d) does not confer the power upon the parliament to enact laws. It limits it in certain ways. It's a limitation, it's a limiting clause. So if this is a limiting clause, the power of parliament to enact laws is traceable somewhere else?

Sibal: Kindly see (b)(i)- It specifies lists under which it can make laws. It doesn't say anything more than that. The law is not yet being made. So they are correlating the making of law to the items of lists.

CJI DY Chandrachud: What happens if the President is not making any exception or modification at all? Does that require concurrence or consultation?

CJI DY Chandrachud: I was wondering, what (d) says that if the President is making a modification, exception- then you require a consultation or concurrence in terms of second proviso.