Article 370 Case : Live Updates From Supreme Court [Day 11]

SG Mehta refers to Assembly debates to establish that parliament saw Art 370 as a "temporary provision"

CJI: These are individual views. Ultimately, Mr Solicitor, these are not expressions by parliament as a collective body.

SG Mehta: Till 2019, the Hon'ble judges of J&K HC used to subscribe to this oath- "true allegiance to the constitution of the State". They were under an obligation to apply constitution of India. But the oath they took was expressing their allegiance to J&K...

SG Mehta: Constituent Assembly is not a law making body in that sense. My submission is that Constitution of J&K is at par with a legislation only, it's not a kind of a Constitution as we understand, not a document of governance.

AG: Art 35A is not a modification of Art 35. It's a creation of a new article.

SG Mehta: Now, 16 lakh tourists have come. New hotels are coming up which gives employment to a large number of people - from tangawala to officials!

SG Mehta: Now the people have realised what they had lost. Now, because of 35A, investments are coming. Now because the policing is with centre, tourism has started. J&K traditionally didn't have much of big industries. They were cottage industries. Source of income was tourism.

SG Mehta: Your lordships have atleast two major political parties defending 370, including 35A!

SG Mehta: It applies all laws which are welfare legislations to J&K which weren't applied earlier. I have the list with me. Till now, people were convinced by those who guide them that this isn't a hindrance in your progress, it's a privilege you fight for.

SG: This happened till 2019. I'm urging your lords to look at the matter from the perspective of people of J&K. Something which is impugned here is a constitutional exercise of power which confers fundamental rights, applies the entire constitution, brings J&K people at par.

CJI: Likewise, Art 19 - it recognises the right to reside and settle in any part of the country...so all three fundamental rights were essentially take away by 35A. The power of judicial review was taken away.