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

SG Mehta: The government can correct itself, which we did. I'm justifying that correction. I am not saying that government and this government - it's our government.

CJI: Mr SG, you're appearing for the Government of India. In constitutional theory, the GOI is a perpetual entity.

SG Mehta: The government of India has a right to say that this ought not to have been done and correct itself.

SG Mehta: Preventive Detention - Art 21 & 22 would not apply...It is unthinkable in any constitutionally governed civil society. Article 35C was added. India's constitution was amended by the Government of India in consultation with state government adding this.

SG Mehta: In Article 19, a sub-article (7) was added by way of modification which remained till 1979- 25 years. The words "reasonable restrictions" were construed as meaning "such restrictions as the appropriate legislature deems reasonable".

SG Mehta: The citizens apply fundamental rights against the State. And now the legislature would decide what are the reasonable restrictions.

SG Mehta: It removed references to Scheduled Tribes from Article 15(4). So one, you alienate those who do not fall within the artificially created definition of permanent residents. Second, you alienate those belonging to scheduled tribes.

SG Mehta: This CO provided for a separate provision for permanent residents of J&K in Article 7- that is citizenship of Indian Constitution by inserting 35A.

SG Mehta: The words socialist and secular were not applied in Preamble. They were applied to directive principles but that's amendable by state legislature.

SG Mehta: Notably, it did not apply the following at all (to J&K)- DPSPs, the states in Part B, scheduled and tribal areas. Any tribal reservations etc never applied in J&K till 2019.

SG Mehta: 370 has continuously been evolved depending upon the need of that situation. Earlier it was Maharaja, then when Maharaja ceased to exist, it became Sadar-i-riyasat. Since Constituent Assembly happened to be existing, it was with recommendation.

SG Mehta: This 370(1) route and 367 mechanism has been used more than once. Because 370 permits it. It stopped only after 5 August, 2019. Otherwise, any provision, any Article (could be removed). It was placed at a very high pedestal, even above basic structure.