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

Subramanium: It was a government which was elected and accountable to the legislative assembly under the J&K constitution.

Subramanium: : This federal principle must be read as in-built in the application of Article 370. And that cannot be abrogated.

Subramanium: This arrangement between J&K and India was a compact of federalism. Federalism is a different kind of social contract. 370 establishes the contours of this relationship in the federal sense.

Subramanium: Can that be abrogated by reference to 370(1)? 370(1) was a means to communicate, was to respect each other. But that order does not contain a power to abrogate a legal compact.

Subramanium: The 'notwithstanding' also tells us of the supreme nature of this provision under 370. If we look at the components of basic structure, we have to look at the components as reflected from the J&K Constitution which applies Indian Constitution as applicable.

Subramanium: There is an interesting part of the article. IIT says that "notwithstanding" the Constitution. That was necessary as there could be exceptions and modifications to provisions of the Constitution especially for J&K.

Subramanium: It has been used under clause (1). The purpose of power under clause (1) is based on a principle of mutuality. Because the Article begins with 'President', it does not mean that he has untrammelled power.

Subramanium: The power exercised is the power under 370. The issue is can the architecture of 370 obviate the requirement of the views of the other? I'll develop what I mean by other. This is an article which contemplates that there is a State and a State legislature and govt.

Subramanium: Let us see whether the power has been exercised in alignment with the purpose of the Article.

Subramanium: Can the legislature of a State under the J&K constitution be rendered redundant? And then the question is what is the effect of those two COs?