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

Subramanium: And what did we under 370 offer? We offered the ability to frame a Constitution and the ability to offer our Constitution subject to special exceptions.

Subramanium: The dual obligation is to be discovered in the words of S 147 of J&K Constitution and second are words in Art 370 itself. In S 147, one law which couldn't be touched was the provisions of Constitution of India as applied to J&K.

Subramanian: The two Constitutions speak to each other. From which provision? Article 370. Art 370 was not a repository of untrammeled power, but a medium through the Indian Constitution would apply. Here lies what I call dual obligation.

Subramanium: Even though the word temporary appears in marginal notes, the resolution was that Constitution of India must apply with these modifications. But more importantly, Article 1 and 370 must continue. I am talking of an affirmative resolution. It's not non formalistic.

Subramanium: They also had seperate provisions including the autonomy in respect of framing of laws. This is the way two constituent assemblies as a product of their energies through now the Constitution speak to each other.

Subramanium: The Government of India accepted that request and issued the 1954 Order. And then they said if we have already got a order subject to exceptions and modifications and in that they omitted many parts of our constitution because they wanted it to come in their Consti.

Subramanium: They said that we will frame our constitution but we will request the GOI that its constitution will be exceptions which we need for J&K must be brought into effect under Art 370. That's why we have 3 Constitution Orders- of 1950, 1952, and 1954.

Subramanium: One of the first States in India which looked at land reforms was Kashmir. It was actually their throbbing concern at that time that we must give rights over land to people and they must be permanent residents.

Subramanium: Second, they were looking at all the Constitutions of the world, just like Dr Ambedkar was. They had many constitutions to look at. They also looked at Indian Constitution and they said that we need some special provisions for us.

Subramanium: More importantly, they took their decisions in three steps- they left India in no manner of doubt that they have faith and respect for people of India and are acceding to India.