Article 370 Case : Live Updates From Supreme Court [Day 6]

Dhavan: Autonomy of states is fundamental to our constitution.

Dhavan: Then I come to Schedule VI.

Dhavan: 244A relates to autonomous states. Our constitution doesn't shy away from creating autonomous states.

Dhavan: Now come to Article 244. This is dealing with scheduled and tribal areas. None of this can be wished away. It is so crucial for diversity of our constitution.

Dhavan: Here is the exercise of the most fundamental exercise of three tier federalism which is a part of the constitution. Then 243ZC says the same. 243ZD is about municipalities. It applies to UTs which has a legislative assembly. What happens to Ladakh?

Dhavan: Then it won't apply to Arunachal Pradesh. Once again, here is a non legislative function.

Dhavan: 243N says part of panchayats doesn't apply to certain areas. I'm just showing the diversity that exists. Come to sub clause (2)(3)(a)- it shall not apply to Darjeeling.

Dhavan: Please let me take you to 243, particularly 243N and 243ZC.

Dhavan: It undermines federalism and democracy itself.

Dhavan refers to the two GNCTD v UOI judgements to elaborate upon his point pertaining to "diversity" of the Constitution.