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

Subramanium: All judgements postulate the continued existence of 370. They establish that notwithstanding the cessation of the constituent assembly, 370 would operate.

Subramanium: 370 is a power with a duty. The obligation under 370 is to act consistent with the very purpose of 370. The purpose of 370 was to enable another assembly to take a decision and both of them work together.

Subramanium: 370 contemplates limitations on that power. These are express limitations. These limitations cannot be obviated by taking recourse to 356.

CJI: Suppose 356 is in operation. All executive powers of state are assumed by union. Who issues an ordinance in the state? Can the president not issue an ordinance?

CJI: Unless we were to make the J&K constitution a part of our constitution to impose fetters on the power of parliament or executive...

CJI: Unless there is some higher constitutional preset which prevents them from modifying that carve out, what is restraining the union from modifying the terms of the carve out?

Subramanium: The orders and the J&K constitution speak to each other. There are some carve outs for J&K but those are volitionally done.

Subramanium: In the seventh schedule, the state list was completely omitted.

Subramanium: Im answering the question as an example. In the 1954 order, subject of state list was omitted in its application. So what we've done is with the help of 1954 order, we have imposed fetters on the Constitution.

Subramanium: This is actually the asymmetry.