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

Shah: Since the fate of the state was uncertain, they left it like that- it could or could not be a part of union. Meanwhile, the Constitution of state was made.

Shah: The power vested with the people as under IoA, as under proclamation of Maharaja, and as under the letter of 27 Oct 1947 was why the Constitution of J&K was formed.

Shah: This position continued till 1957.

Shah: The Constituent Assembly thought that the Constituent Assembly of the state would recommend application of the constitution of India directly to state of J&K. They proceeded on that assumption.

The bench has reconvened.

The bench has risen for lunch.

Shah: If your lordships are satisfied that on 4 August there was constitutional autonomy, what was its quantum and how much it was is a matter of detail.

CJI: You can give us the net position that stood on 4th August.

CJI: See that Entry 97 is completely omitted. State list and concurrent list is omitted. So the net result in 1954 was parliament had power to enact laws with respect to some entries in the Union list.

CJI: This is the autonomy which you're saying.

Shah: My legislature lost the power to make laws- whatever little power I had.

CJI: Your contention is that there was a substantive degree of autonomy which wasn't just in relation of making laws but also with other provisions of constitution.