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

Shah: Did we proceed on an assumption that this Constituent Assembly of J&K will recommend to the UOI to do away with 370 so it completely intergrates?

J Khanna: I have some reservation with the use of words "completely integrates". The integration has taken place as per Art 1.

Justice Khanna: Is our understanding correct?

Shah: Yes

Justice Khanna: Two, with regard to provisions of constitution, gradually, the provisions of constitution can be made applicable.

Justice Khanna: What has been given here in Article 370 is two fold- one with regard the Union and Concurrent list- they say certain rights are given to state legislature.

Justice Kaul: That is there. It has been done. Historically too if you see it has been done over a period of time. Something still remained. That, what remained, they took away by a similar process that was done earlier. But process was flawed as there was no assembly etc.

Justice Kaul: Under 370, which was the medium of communication between centre and state, a methodology was established. That truly if you wanted to do it, you could.

Justice Kaul: Mr Gopal Subramanium's argument was that 370 is a medium of interaction. Therefore, that's the process you must follow. If we go back to it historically - that it must be abrogated then, how does it merge?

Justice Kaul: It all comes down to whether the process was right.

Justice Kaul: The effectiveness of 370 in terms of preserving the rights in the state to lay down the law shifted. Something still remained. That something which remained, they did it by process of 370. Whether the process was right or wrong is the question.

Shah: If you want to completely integrate, we have to get rid of IoA, 370, and execute a merger agreement. We go back to the roots.

Justice Kaul: 370 etc were historical developments that too place.