Article 370 Case : Live Updates From Supreme Court Hearing [Day 9]

Sankarnarayanan: There is a little bit of history and a previous attempt in the Parliament to omit Art 370. There were debates on this. Mr Gulzari Lal Nanda, who was the home minister between his two tenures as interim PM, he said that there is no way we can repeal #Article370.

Sankarnarayanan: This history shows from that day till now, interpretation of 370 was consistent.

Sankarnarayanan: There was an argument by Mr Parikh and he said that part of Art 357 doesn't apply. In fact, it does.

Sankarnarayanan: Sampat Prakash squarely rejected it. The reasoning of Sampat Prakash was that CO 44 is proof of the fact that the order itself says that we allow 370 to stand except the modification. It was a conscious choice by Constituent Assembly.

Sankarnarayanan: Mr Dwivedi made arguments on A 370 not surviving. Your lordships had said that Constitutional practice trumps that. This is the exact argument taken before this bench. Your lordships passed order in Shah Faisal matter when reference was sought.

Sankarnarayanan: The CJI yesterday asked for background of UTs. In NDMC, Paras 8-19, the entire background and sequence of how we came up with UTs is there.

Sankarnarayanan: There is a principle which states that whenever anything that is approaching or encroaching upon our rights starts, you must nip it in the bud. This is an encroachment on something we cherish the most- our constitution. Kashmir is just an avenue.

Sankarnarayanan: This case, the way we see it, is not only a case for Kashmiris. It actually opens a vista to many multifarious abuses that the executive can heap on the Constitution if the means they adopted was to be utilised in future.

Sr Adv Gopal Sankarnarayanan: I express my deepest gratitude for your immense patience you have shown all of us.

The bench has reconvened.

Senior Advocate Gopal Sankarnarayanan is the final counsel on the petitioner's side.

The bench agrees to hear him from 2-2.30 pm.

The bench rises for lunch.