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 5:24 AM GMT
Dwivedi: This says that sovereignty comprises of two parts. Merely because you have ceded external sovereignty, it doesn't amount to ceding of internal sovereignty.
22 Aug 2023 5:23 AM GMT
Dwivedi: The sovereignty being a variable concept has two factors- internal and external. There are two decisions your lordships may note- 1953 Pepsu- full bench which deals with a similar situation when Patiala merged with British paramountcy
22 Aug 2023 5:21 AM GMT
Dwivedi: The first aspect we need to keep in mind is that sovereignty was retained by Raja in IoA. The concept of sovereignty is a variable concept.
22 Aug 2023 5:21 AM GMT
Dwivedi: The conditions added in favour of Kashmir- that we're not bound by the Constitution or the future constitution, the internal sovereignty rests with the ruler, the UOI cannot acquire land in Kashmir- these were different.
22 Aug 2023 5:19 AM GMT
Dwivedi: Kashmir was different both in terms of accession to dominion of India where it ceded at a different time as an independent state or a nation. And it was different in the sense that it didn't merge unlike the other states.
22 Aug 2023 5:18 AM GMT
Dwivedi: Our basic theme is that Kashmir was different.
22 Aug 2023 5:17 AM GMT
Dwivedi: Status of Kashmir was a Part D state when the Constitution was adopted. Yet, in 370, Art 238 was excluded. That speaks volumes about the autonomy of the state.
22 Aug 2023 5:16 AM GMT
Dwivedi: Initially, all Indian states were promised that they'd have their constitutions. But through negotiations this was taken up.
22 Aug 2023 5:12 AM GMT
Sr Adv Dinesh Dwivedi: Kashmir acceded differently. Rest of the states concluded standstill agreements before 1947. Because the standstill agreement was a precondition to accession. Kashmir did not do that.