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

Dhavan: "Each person, whatever his/her language, caste, religion has his/her individual identity, which has to be preserved, so that when pieced together it goes to form a depiction with the different geographical features of India."

Dhavan: "These small pieces of marble, in the form of human beings, which may individually be dissimilar to each other, when placed together in a systematic manner, produce the beautiful map of India."

Dhavan: "The one billion population of India consists of six main ethnic groups and fifty-two major tribes; six major religions and 6,400 castes and sub- castes; eighteen major languages and 1,600 minor languages and dialects."

Dhavan: Please see a passage of TMA Pai on the diversity aspect.

Dhavan (reading TMA Pai): "All the people of India are not alike, and that is why preferential treatment to a special section of the society is not frowned upon..."

The bench has reconvened.

The bench rises for lunch. Court to resume at 2 pm.

Dhavan: This makes our constitution unlike any other in the world. Simple examples of asymmetry are Canada, you have French in one area and the English in other. Or Belgian, the three languages- those are asymmetrical.

Dhavan: Indian constitution is multi symmetrical of which J&K is a part.

Dhavan: Diversity is necessitated because of the absence of the merger agreement. I've called these asymmetrical provisions. These are in fact multi symmetrical provisions.

Justice Kaul: You're right, it's possibly more diverse than the whole of Europe combined.

Dhavan: Europe, America, sub-saharan Africa, take parts of the south seas

Dhavan: The reason why I cited all of this is because of the diversity this constitution makes in Federalism and democracy. A diversity that is to be treasured, not wished away in the name of uniformity. There are no dead horses to be flogged.

Dhavan: Your lordships are familiar with Bodoland agitation. Now see clause (3)(b).