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

Shah: First limitation was that if you're relating any subject to List I or List III, which is not a subject covered by IoA, then you need concurrence of the govt of state. That means concurrence of people of the state via the council of ministers.

Shah: So there were limitations provided in 370 itself with regard to the power of parliament to make laws for J&K.

Shah: It is not possible that the parliament had a law but there is no supporting provision of the constitution applicable to J&K which would support extension of that law to the State.

Shah: But at the same time, you cannot have an extension of the law made by the parliament unless the relevant supporting provisional Constitutional entry is also made applicable.

Shah: They had to agree in respect of the entry under which the parliament had power to make laws.

Shah: Therefore, consultation is mentioned. Simple consultation, just talking. But for application of it, the word concurrence was used. Both had to agree here.

Shah: First part of 370 talks of application of laws- that application subject to one condition that since i donated some power in IoA- power of defence, communication, foreign affairs, there would be no more donation.

Shah: The power to make laws was the most important power the Maharaja had retained. That's why 370 said that all provisions of Constitution are excluded, except 370 itself. Everything excluded, nothing else applies to State of J&K.

Shah: The next question would be the exercise of this power...They thought since we don't have a Maharaja any longer, who would go in like a substitute of merger agreement? A mechanism was formed in 370- that it would be entirely for the people of J&K to integrate with India.

Shah: The residual power of the Maharaja came to be subsumed by the Article 370.