Article 370 Case : Live Updates From Supreme Court [Day 13]

Salve: Laws, strictly speaking, can't violate basic structure. Laws violate Part III or don't violate Part III.

Salve: Basic structure was not a principle as an independent stand alone constitutional right. Basic structure is the limitation inherent in 368 and constitutional amendments are tested with reference to basic structure doctrine.

Salve: Here, abuse of power is really the power of competence. This repeated reference to basic structure is surprising.

Salve: As much as a resident outside J&K could not say why am I made subject to parliamentary legislation when this subject in the state of J&K is not...

Salve: Their rights are expanded by applying the Indian Constitution wholly...

Salve: Applying or disapplying the constitutional provision would not give an individual citizen right. This is adjusting the accession. In intl law, a citizen can never assert that I had certain rights in an earlier regime. You have only certain rights as available to you.

Salve: Article 14 argument that I was earlier given such rights in J&K- will not be open.

Salve: This is a relationship between the union and the unit of the union.

Salve: 14 cannot have any application to Article 370(3).

CJI: Even if it is a legislative power, it is amenable to judicial review under Art 14. A legislative power cannot be challenged on ground of being malafide.

Salve: The second point is that the power exercised is legislative in character. Applying provisions and disapplying provisions, modifying provisions of a law is legislative in character.