A Constitution Bench will resume hearing today the batch of petitions challenging the dilution of Article370 of the Constitution which took away the special status of Jammu and Kashmir.Follow this page for...
A Constitution Bench will resume hearing today the batch of petitions challenging the dilution of Article370 of the Constitution which took away the special status of Jammu and Kashmir.
Follow this page for live-updates.
Live Updates
2023-08-22 04:58:51
22 Aug 2023 5:35 AM GMT
Dwivedi: All provisions of consultation and concurrence with govt of Kashmir cease to operate once the Constituent Assembly starts.
22 Aug 2023 5:34 AM GMT
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.
22 Aug 2023 5:32 AM GMT
Dwivedi reads out from the Constituent Assembly debates.
22 Aug 2023 5:31 AM GMT
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
22 Aug 2023 5:29 AM GMT
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.
22 Aug 2023 5:29 AM GMT
Dwivedi: We always say that our framers were very wise. But when it comes to the commitments they made- we forget it.
22 Aug 2023 5:27 AM GMT
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.
22 Aug 2023 5:27 AM GMT
Dwivedi: Art 370 ceases to operate once the Constitution of J&K was enacted in 1957.
22 Aug 2023 5:26 AM GMT
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.
22 Aug 2023 5:25 AM GMT
Dwivedi: Another judgement in this regard is KN Paul's case.