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

Dhavan: Communication is given to the council under Art 371(3)(a)(b).

Dhavan: Now there are two interesting provisions found in footnotes of Schedule VI. That is sub para 3(a). It wasn't without protest and accomodation. "Additional powers of North Cachar Hills council..."

Dhavan (referring to regional north east councils): What do these autonomous councils do? Each of these is given a law making powers which ofcourse is with limits. Without this, we may lose north east.

Dhavan: It is this democratization of power that has enabled us to make special concessions where they are necessary.

Dhavan: This is where the entire politics of North East arise. Gorkhas say that we want Gorkha land. Someone says we want Bodoland. All this emanates from Schedule V, VI, and the concept of autonomy.

Dhavan: It is autonomy within federation, special provisions in relation to people. Take that away and we don't need such a big constitution.

Dhavan: Now we come to question of autonomy of North East. Without these autonomy, India would have collapsed unless all this was given to the states in question. This quest for uniformity across the board which CO 272 and 273 seem to countenance is not the heart of constitution

Dhavan: Schedule V deals with Assam, Meghalaya, Tripura, and Mizoram- excludes them. And this is applied in Schedule VI.

Dhavan: Now I come to most important schedule on autonomy - Schedule VI

Dhavan: Schedule V deals with administration of scheduled areas and scheduled tribes. There is a tribals' advisory council for when the governor applies laws.

Dhavan: You take into account all antecedents and see the nature of the case- whether for 370 or otherwise.