Article 370 Case : Live Updates From Supreme Court [Day 8]

Dwivedi: All provisions of consultation and concurrence with govt of Kashmir cease to operate once the Constituent Assembly starts.

Dwivedi: The word "interim arrangement" follows their elaboration. Neither the constituent assembly nor the legislative assembly is there. So who should we consult. We're forced to consult the govt till the Constituent Assembly comes. This leaves no room for doubt.

Dwivedi reads out from the Constituent Assembly debates.

Dwivedi: The final decision was by the Constituent Assembly - with regard to a) the jurisdiction of union and parliament over Kashmir and b) the centre and the state relations

Dwivedi refers to Iyengar's debate in Constituent Assembly: The initial part says that Art 370(1) provides for consultation and concurrence. The debates clearly says that this was an interim arrangement till the Constituent Assembly was made.

Dwivedi: We always say that our framers were very wise. But when it comes to the commitments they made- we forget it.

Dwivedi: All the powers conferred under 370 ceased to operate when the constitution was made. In that context we have to keep in mind the object of 370 and commitments made.

Dwivedi: Art 370 ceases to operate once the Constitution of J&K was enacted in 1957.

Dwivedi: Kashmir didn't lose all internal sovereignty just because it acceded. Neither inclusion in Art 1 or the schedule could result in loss of internal sovereignty.

Dwivedi: Another judgement in this regard is KN Paul's case.