Article 370 Case : Live Updates From Supreme Court [Day 14]

Dwivedi: Same applies to fundamental rights. It says "every citizen". These rights couldn't be denied. So they rightfully followed the dictat and applied S 10.

Dwivedi: They couldn't say that any part of their territory could not form a Union Territory of India. They could not also say that the people who are permanent residents will not be the citizens.

Dwivedi: It had to ensure justice, liberty, fraternity. It was also bound by Art 1. It could not declare that we're not the federal unit of India. That's not their own framing, they're bound to do it.

Dwivedi: In framing of the constitution, the JKCA doesn't enjoy the freedom that the Constituent Assembly of India had. It was bound by various things. It was bound so that the sovereign democratic republic of India is not adversely affected.

Dwivedi: Petitioners submissions are banking on a sinking crown.

Dwivedi: It is to be found within the constitution of india. Let's look what Constitution of India is telling them. Note two things in 370- first is the explanation that applies to whole the article. It says, the govt means so and so.

Dwivedi: It is substituting the Maharaja as Maharaja acting on the advice of council. So the monarchy is dead.

Dwivedi: From this idea of remaining sovereignty, there was a further concept introduced - bilateralism. There are two sovereigns- the main sovereign and the remnant sovereign...if you accept that some sovereignty remained after signing of IoA, that is very potent.

Dwivedi: What is the status of the J&K Constituent Assembly and the Constitution of J&K? There are two contending thoughts, the choice is between these two- we say that source for creation and disappearance of the JKCA and COJK is Art 370 itself.

Dwivedi: The whole of parliament is being taken into confidence instead of an executive action being taken. The voice of the whole country is heard, including members of parliament of Kashmir who are also represented under council of ministers

Dwivedi: So the fact that parliament's recommendation has been obtained- parliament is not a foreign body. Any issue can be bought before the parliament. Obtaining of recommendation is not foreign to the exercise of power under 370(3).