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

CJI: See 246A, when it came in as a result of the GST amendment. This is a classic case where the GOI or parliament can do nothing without the concurrence of states. 246A has completely redefined our notions of sovereignty as states are given vital role in financial matters.

CJI: There are provisions in the Constitution which apply with concurrence of states also. See Article 249.

CJI: There are provisions in the Constitution which apply with concurrence of states also. See Article 249.

CJI: Once Article 1 says that India shall be a Union of States and that includes the State of J&K, transfer of sovereignty was complete. We cannot read the post Article 370 constitution as somehow a document which retains some element of sovereignty in J&K.

CJI: Restrain on power to enact legislation is implicit in the scheme or the frame of the constitution. Because we don't have unitary state. But does that retract from sovereignty? No. It's just a fetter on parliament.

CJI: Take the case of any other Indian state apart from J&K. There are restraints on power of parliament to make laws for any states for subjects on state lists. The distribution of the legislative powers does not affect that the sovereignty vests in India.

Shah: The legal question is this- this was a general IoA applicable to all states- when you accede, do you transfer sovereignty to UOI or not. They said no. You transfer it only by terms of merger agreement.

Justice Khanna: What is superior? The constitution of India?

CJI: Is it correct that Art 248 as it is applicable to J&K immediately before 5th August 2019 contains an absolutely clear and unequivocal acceptance of sovereignty of India?

CJI: In 1972, Art 248 was amended in relation to its app to J&K. 248 was substituted. Now it says parliament has exclusive powers to make any laws on prevention of activities towards disrupting sovereignty of India. So no vestige of sovereignty was retained post IoA.

CJI: One thing is very clear that the there was no conditional surrender of sovereignty of J&K with India. Surrender of sovereignty was absolutely complete. Once sovereignty was absolutely, fully vested in India, the only restrains would be on power of parliament to enact laws.