Article 370 Case : Live Updates From Supreme Court [Day 15]

Agarwal: The Constituent Assembly of J&K had no original constituent powers as- a) they were established under proclamation of maharaja that had already signed an IoA.

Agarwal: The second point is on Constituent Assembly. There are two kinds of constituent powers- original and the derivative power. Derivative power is always with further legislatures, the parliament in this case.

Agarwal: The scale to the left is the union territories with legislature, the UT of GNCT of Delhi and perhaps pure union territories. Therefore, federal diversity is undoubted. Diversity is a constitutional fact but not all facts can be elevated to basic structure.

Agarwal: Thereafter would be states under fifth or sixth schedule. To the right end of it was the erstwhile Article 370. What petitioners forget is that there is a scale to the left of it as well.

Adv Kanu Aggarwal: Federal diversity in the Indian Constitution exists on a two dimensional plane. At the centre would be the classical understanding of a state. To the right of it would be states with limited special features like Gujarat or Maharashtra.

The counsel requests for court to direct Mohammad Akbar Lone to submit an affidavit stating that he is a citizen of India and he doesn't support terrorists.

CJI DY Chandrachud: We had said we will conclude at 1 o clock. We will not cross one minute after that. You can argue for the next 3 mins but we are rising at 1.

A counsel appears for 'Roots in Kashmir', an organisation which is espousing the cause of Kashmiri migrants or displaced persons.

Counsel: Art 1 is completely applicable to J&K and the state is completely part of India.

Sr Adv Gurukrishna Kumar concludes his submissions.

Kumar: The COs make provisions for realisation of rights.