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

SG Mehta concludes his submissions.

SG: I wanted to read the concluding speech of Dr Ambedkar...if time permits, at the end I will.

CJI DY Chandrachud recalls his time in Bombay HC and says that his colleague transferred from Gujarat HC would tell him every day how many days were left for vacation.

SG: A Gujarati can come out of Gujarat but Gujarat never comes out of him (laughs).

SG Mehta: Earlier, only permanent residents could contest election under Section 16. Now, you should be a citizen of India, not a permanent resident, for being qualified to be elected like any other state.

SG: It has all attributes of a State- assembly constituency, election commission, legislative assembly, population ratio, UT, formation of UT of Ladakh without legislature, formation of UT of J&K with legislature-no reduction, they say representation in parliament is reduced, no

SG: Nobody has shown a bird eyes view of reorganization act. Without showing, many statements were made. Please see.

SG Mehta: This is a provision where strict compliance is not insisted upon, provided that there is a broader compliance, namely the entire nation considering that this affects the nation as a whole. This situation doesn't just states or neighbouring states, it affects the nation

SG Mehta: Raja Rampal, five judge bench, it says "India is an indestructible union with destructible units."

SG Mehta: Because 4 says some incidental provisions can even include something which may otherwise amount to amendment but would not be treated as an amendment under 367.

SG Mehta: If you see holistically Articles 3 and 4, and I'm saying this academically- there is nothing if we read as a common scheme of reorganisation- that one state for a good reason, can be converted into a UT.

Translation for the aforementioned quote -

"As far as the question for UT is concerned, as soon as the situation returns to normalcy, at the right time, the current government does not mind conferring the status of a State (on J&K)."