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

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28 Aug 2023 10:32 AM IST

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

    Today is the eleventh day of hearing in the Article 370 case in the Supreme Court. A Constitution Bench comprising Chief Justice of India DY Chandrachud, Justice S K Kaul, Justice Sanijv Khanna, Justice BR Gavai and Justice Surya Kant will hear a batch of petitions challenging the Centre's decision to repeal the special status of Jammu and Kashmir by diluting Article 370.The petitioners...

    Today is the eleventh day of hearing in the Article 370 case in the Supreme Court. A Constitution Bench comprising Chief Justice of India DY Chandrachud, Justice S K Kaul, Justice Sanijv Khanna, Justice BR Gavai and Justice Surya Kant will hear a batch of petitions challenging the Centre's decision to repeal the special status of Jammu and Kashmir by diluting Article 370.

    The petitioners have completed their arguments. Solicitor General of India Tushar Mehta will continue his arguments for the Union Government today.

    Live-updates from the hearing can be tracked here :


    Live Updates

    • 28 Aug 2023 11:25 AM IST

      SG Mehta: Article 35A was created, which is a part of Constitution of India, only to be applied to the State of J&K.

    • 28 Aug 2023 11:24 AM IST

      SG: The effect of 370 with 367- is that by an administrative act of the President and the Govt of the State, any part of the Constitution can be amended, can be altered, can even be destroyed and not applied, and new provisions can even be created in Constitution of India.

    • 28 Aug 2023 11:21 AM IST

      SG: Despite full knowledge that Article 370 is a part of the Constitution, despite having accepted in the Constituent Assembly debates of J&K that it is temporary, they chose not to make any recommendation under sub-article (3). That is a separate link. I'm flagging it here.

    • 28 Aug 2023 11:16 AM IST

      SG Mehta: Whenever a word in Article 370 becomes otiose for that post not being in existence, it is immediately replaced by its successor. Sadar-i-riyasat is replaced by Governor etc.

    • 28 Aug 2023 11:14 AM IST

      SG Mehta: It's in the segment of my arguments...

      CJI: Then we will deal with it when we reach there.

    • 28 Aug 2023 11:13 AM IST

      CJI: But more importantly, once A 238 makes certain provisions of Constitution inapplicable to Part III states, esp J&K, which would be brought into force by the Constituent Assembly framing a Constitution, then it may be difficult to purely call it a legislative assembly.

    • 28 Aug 2023 11:12 AM IST

      CJI: That would be a problem for two reasons- That's not how Article 370(2) refers to it as. It refers to it as Constituent Assembly of State.

    • 28 Aug 2023 11:10 AM IST

      CJI: In your note, you have contended that the Constituent Assembly of J&K was in the nature of a legislative assembly and not a Constituent Assembly. That, strictly speaking, there may be a problem.

    • 28 Aug 2023 11:09 AM IST

      SG Mehta: I'll show that J&K constitution was subordinate to Indian Constitution.

    • 28 Aug 2023 11:07 AM IST

      CJI: Likewise you said that in the Preamble amendment of 1976 was applied with modifications. So secularism and socialism amendment was never adopted in J&K.

      SG Mehta: Yes, even the word "integrity" was not applied.

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