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

Dhavan: And this is done not by reference to Art 239A or 239AA. You should have done what was done with Delhi.

Dhavan: Compare this with what has happened in J&K. State has become a UT. Two UTs- one without a legislature, one with. This was not within the remit of Art 3 & 4- where you lose your character of state and become UTs.

Dhavan: 239A deals with how UTs are to be created and the creation of local legislatures. This cannot be done away with.

Dhavan: Now come to Art 239.

Dhavan: Now see Art 168 & 169- this relates to whether there should be two houses in the parliament or not. Only bear in mind, J&K had a legislative council.

Dhavan: I am reading 169(1).

Dhavan (referring to Art 164): This requires to be changed through a constitutional amendment. Can't be done under president's rule.

Dhavan: These are safeguards for federal unity of India, as was 370. It is the part of the basic structure of federalism in our constitution. These are limits the constitution has in relation to federalism.

Dhavan (reads Art 35): In relation to affirmative action, power of legislature is taken away. To change this would require an amendment of the constitution.

Dhavan then refers to Article 164.

Dhavan (reads Art 2): This is important. It's parliament's power to admit to the Union new states. This is very different from the assimilation of princes into the Constitution.

Dhavan: Bodoland is mentioned in the Constitution. Nagaland has autonomous councils.