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

Kumar: Impugned COs ensure that the Constitution of India with all its plenary scope applies to the State. The challenge of the petitioners is contradiction in terms because this is a case where application of constitution of India is sought to be challenged.

Kumar: Impugned COs are reflective of transformative constitutionalism.

Kumar: Today what they want to do is- equate 370, which is temporary, with 371 which is special provisions. That's why I say it's a derivate argument they want to make.

Kumar: What they're saying now is that asymmetric federalism is being recognised. Now please stretch this and say that multi symmetric federalism of 370 should also be taken to be a basic feature or facet of federalism.

Kumar: The J&K constitution makes provision for seats for PoJK in the assembly.

Kumar: The anomalies are writ large.

Kumar: They have made an exception to this that those persons who may have gone to Pakistan, if they come back, they'll get the benefits.

Kumar: I have given the case of how around 8700 people left that place during partition. Today, after the promulgation of impugned COs, at least 23,000 people have received domicile certificates.

Kumar: If you are in other parts of the country, you won't get.

Kumar: Permanent residents were defined in a manner that even those who were citizens of J&K, because of the external aggression during 1947- they're excluded.