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

Dhavan refers to Article 371F: This was examined in Poudyal.

[He is referring to RC Poudyal & Anr. v UOI, 1993]

Dhavan: 371(a) refers to Nagas customary law. And then 371 refers to hill areas of Manipur- very relevant.

Dhavan: Chapter IV, Article 350 has special directives for a language. Who is going to make these special directives? President? Parliament? What is the status of Kashmiri now? Has it disappeared from the eight schedule?

Dhavan: So in communications, in complaints etc, Kashmiri can be used. That has not been taken away and cannot be taken away. Part of the spirit of a region is its language.

Dhavan: Please also see Articles 330 and 343. 343 is to be read with Eight schedule. Kashmiri is one of the languages recognised under right schedule. Please bear this in mind.

Dhavan: See 338(7). This is what should be done with President's rule. Even the Governor's report wasn't placed. This is what has to be written in 356. You put in all the information you have, you put in governor's report, and give reasons.

Dhavan: These special provisions relate to certain classes. Special provisions are a regular features of our constitution. Without these, so much could not have been done for the SC/ST/OBCs.

Dhavan: Now see Article 330. It is a very important provision. To say that special provisions can't be made in the Constitution is an anathema.

Dhavan: It is very important to understand and not wish away the autonomy of Indian states. Please now see 275.

Dhavan: Autonomy is not alien to our constitution. You can't just standardize provisions of the constitution and say look we have autonomy here but we cannot give it to J&K because on 19th Dec, we took away the provision.