Article 370 Case : Live Updates From Supreme Court [Day 5]

Shah: Constitutionally speaking, there is no power vested in central government or in President to make any laws in this State. No consultation is required with any other state, no concurrence is required with any other state.

Shah: How that is to be done? That's between the two governments.

Shah: In order to maintain constitutional autonomy, power is also given to the government of the State.

Shah: Clause (d) doesn't talk of the power to make law under the list. It talks of provisions of Constitution of India "as such".

Shah: This autonomy comes from IoA and Article 370.

Shah: We believe that we have constitutional autonomy under the Constitution of India itself. That was taken away. We're contending that you cannot take away the autonomy of the State.

Shah: Why is there a limitation on parliament? Parliament has a plenary power, it can make laws. Despite having acceded with India, the mechanism was different. Because it had subsumed the residuary authority that Maharaja had.

Shah: So it means that it involves the President on one side and the Govt of J&K on another side. This is only with respect to Union and Concurrent list.

Shah: One where you want to apply any entry, when you want to apply any constitutional provision- you need concurrence, except when it is mentioned in IoA.

Shah: Why this special treatment for J&K? Simply because there was no merger agreement. Therefore, this autonomy had to be maintained.