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

Dave: The only material was that the ruling party manifesto in 2019 had said that we'll abrogate 370.

Dave: Lastly, my submission is that exercise of powers by the President on 5th and 6th August are nothing but fraud on the Constitution.

Dave: If it is a continuing exercise, in my submission, the only way parliament could do it would be by amending the constitution under Art 368 and repealing Art 370 and in no other manner.

Dave: My submission is that 370(3) has served its purpose. That the day Constituent Assembly of J&K agreed that yes, Article 370 must remain, subject to sovereign modification and the President accepted and issued it in CO 44, that's the end of the story.

Dave: Please consider three submissions - 1. Article 370 is a piece of unusual draftsmanship. It is temporary but not by afflux of time as most temporary statutes are. It is temporary by object, the purpose. Once that object is achieved, nothing remains for Pres to exercise.

Dave: At a time like that, this was a brilliant compromise that was arrived at which led to producing the article which persuaded people of J&K to accede to India. We gave them a promise. You cannot breach that promise like this.

Dave: If you start tinkering with this diversity nothing will be left

Dave: You are at a time when calls for plebiscite are being raised in Kashmir. You are at a time when raiders are raiding in plain clothes and trying to take away. You are at a time when Maharaja is uncertain whether he wants to join India or Pak.

Sr Adv Dushyant Dave commences his arguments.

Dave: 370 is perhaps the most brilliant articulation of statesmanship on the part of the constitutional framers.

Dr Dhavan has concluded his arguments.

Dhavan: Article 3, article 370 contain mandatory requirements on information to be laid before house. Unfortunately, mandatory requirement of Art 3 was suspended by legislature. It is ultra vires and taints both the declaration and extension of president's rule in 2018 and 2019.