Article 370 Case : Live Updates From Supreme Court [Day 4]

Subramanium: Please see Section 92. This section is a stark distinction to the provisions in our Constitution.

Subramanium: Excluding the powers of the Union's parliament, the rest is with the state legislature.

Subramanium: It is an integral part of India on strength of 1954 order. Please see the territory.

Subramanium: Now please see Art 3 of this Constitution.

Subramanium: The question will be that where does anyone get the power to abrogate this constitution?

Subramanium: Section 147 should be interpreted in the light of this- that the legislature can never touch Constitution of India as applied to them.

Subramanium: So we have an act of affirmation from government accepting the suggestion that constitution should be applied, they say please apply with exceptions and modifications, govt agrees. Then they define Constitution as applicable to them.

Subramanium: Please come to Section 2(1)(a)- most critical. This constitution recognises the Constitution of India. And how does it define Constitution of India It says Constitution of India means "Constitution of India as applicable in relation to the State."

Subramanium: They chose 26th Jan 1957 to correspond to India's date of 26th Jan 1950.

Subramanium: Many parts of this have been inspired by our constitution. But the word secular isn't here. That's in some other part of this constitution.