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

Dhavan: I will now again refer to the diversity of this constitution. Because your lordship is concerned with how this diversity can be preserved.

Dhavan: This is fundamental of how this process of dilution of 370 occured.

Dhavan: It is limited to legislative powers. It certainly cannot amend the constitution. Or deprive the constitution of its mandatory procedural requirements.

Dhavan: So it has to be limited. Otherwise what happened in 5th August onwards- can happen to any other state during president's rule.

Dhavan: Transferring executive and parliamentary functions, that is the power to legislate alone, is the core of 356 and 357. There are many provisions in the constitution where legislature exercises other powers- of election, consultation etc.

Dhavan: 356 has been used and abused to appoint but there must be some discipline to it. It is certainly not a power to amend the constitution.

Dhavan: 356 is not plenary in nature. It is the bane of the Indian Constitution. It is introduced again and again and again.

CJI: To accept your argument we have to hold, ofc by the process of construction, that those powers referrable to Art 3&4 which are powers of legislature of the state...

Dhavan: They can pass a law, subject to all limitations. Except, when it passes a law under Art 3&4, it must observe the conditionality.

CJI: Can parliament enact a law during the subsistence of a proclamation under Art 356 in exercise of power under Art 246(2) or in respect of state list item?