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

CJI: Basically what happened was in relation to J&K, you only had the union list which was existing in so far as it applied to J&K. The entire state list and concurrent list was deleted.

Shah: Let's see Entry 97. Who had the residuary power?

CJI: Interestingly, both the state list and the concurrent list were deleted in application to the state of J&K.

CJI: Can you tell us, on the eve of the CO of 2019, which were the key provisions of the constitution to which an exception still existed in relation to J&K. That will give us the net position on that day.

Shah: There are orders which go to the very root of the matter and they continue to remain as they are till date. They have not been diluted.

Shah: We say that this power exists only in the state legislature- to make laws. Laws may be the same. J&K has RPC and India has IPC. Provisions may be same but the power to amend that law- that power gives us constitutional autonomy.

Shah: So the law of preventive detention can be enacted only by state legislature, not parliament. Some of the laws maybe duplicate central laws. What is important is the power to make laws.

Shah: I will give you a long list of entries which apply to us with modifications and exceptions. Those modifications carve out the constitutional position, the constitutional autonomy that we enjoy.

Shah: We need to be united with the three regions. We need to live how we were living. The government did give their concurrence from time to time. But there are some laws they've not agreed to.

Shah: What is done now? It has been divided. The people are divided. Part of it is with Pakistan, part of it with China- about 2000 kms in Aksai Chan, remaining part is here. We're being sandwiched by all forces being applied.

Shah: Then it could be to keep the state intact. We are three regions- Ladakh, Kashmir, Jammu. Maharaja thought that bring all the three together. We then became a state.