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

Subramanium takes the bench through the Preamble of the J&K constitution.

Subramanium: This is a collective decision of the people.

Subramanium: They said they're an integral part of India. They said that we have powers to legislate except where parliament of India has power to legislate and they created their legislature. Their statehood is defined by their constitution.

Subramanium: The two articles speak to each other, the two constitutions speak to each other. That can only happen through Art 370...In their constitution they first recognized Indian constitution

Subramanium: So you have one order under 370(3) which says that the only change we want in 370 is change from explanation to the Maharaja to Sadar-i-riyasat. The second is that they have asked for an application of the 1954 order, also stating that Art 1 and 370 will continue.

Subramanium: This report is sent to the Government of India from the Constituent Assembly.

Subramanium: They speak very feelingly of India- an India offering a hand of friendship. That is stacked all over the debates. Your lordships will find very praiseworthy remarks.

Subramanium: What they did was that the applied some parts, omitted some parts. They omitted Part VI, VII, VIII, IX, X- of Indian Constitution and they applied this Constitution. This is verbatim the 1954 order.

Subramanium: All these are the exceptions and the modifications by the Constituent Assembly of the J&K to apply the Indian Constitution.

Subramanium: It was not an imposition by the President at all.

Subramanium: My submission is that the Constitution of India was made applicable with exceptions and modifications as a part of the Constituent Assembly's decision.