Article 370 Case : Live Updates From Supreme Court [Day 12]

CJI: Recommendation is not just an opinion. When the constitution uses the term "recommendation", it means a positive decision because Art 370 uses different phrases. It uses consultation, concurrence, decision, and recommendation.

CJI: Suppose there is a Constituent Assembly and it recommends to the President - do not abrogate 370, is it open to the president then to override the advice?

AG: That power of recommendation is not available to the assembly. It has to only recommend to render 370 inoperative.

CJI: Does the recommendation require a positive recommendation or...

AG: It's an advice.

AG: The president didn't require any further assistance from any other authority.

AG: The assembly having dissolved itself - it is no longer operative and cannot operate ever...Does the president lose the authority and power under 370(3) and the entire scheme of 370 is lost?

AG: Article 370 conferring powers on the President is not in the nature of executive power of the president. The executive head is conferred a legislative power- a very extensive and vast power.

AG: We have to look at this from the text and context and the intent of Article 370.

AG: The political compulsions that happened in case of J&K made a very slight deviation...article 370 is nothing but the outcome of the formalisation of the principles and the procedures for interpretation.

AG: If you look at the constitutional integration process of the rest of the country and compare it to the constitutional integration process of J&K- the historical narration shows that there is no fundamental difference at all.

AG: 61 years ago we had Puranlal Lakhanpal wanting to contest an election. How his dream has come true, we can now contest elections in J&K.