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

Sen concludes his arguments.

Sen: Another anomaly is that CO 273 abolishes the legislature of the state. Just before this CO 272 was passed and it applies all provisions of the Constitution. When you abolish the legislative council it has to be as per A 169 of Constitution

Sen: And that already stands applied. Once that is applied, it can't be done away by this Act.

Sen: If Kashmir was a leader in these areas, where was the need for 356?

Sen: This is in the NITI Aayog report.

Sen: There is no material on why 356 was imposed. But the material that already exists on record- it says that peace, security, effective governance based on rule of law, and upholding principles of equality, J&K rises above a number of States.

Sen: If we're talking about anti-majoritarian rights, there is the LGBTQ+ judgments coming, there is a devolution which is taking place.

Sen: If one were to do away with this thing which involves historically a religious minority, that would be a regressive step.

Sen: What are the limits of a constitutionally vested power? Liberty ends where the other man's nose begins. So the moment there is a fundamental constitutional principle, there must be a limit.

Sen: Asymmetrical federalism provides for protection against majoritarianism. Our constitution is also anti-majoritarianism.

Sen: When there is a conscious choice is made in this manner, it is all the more reason to strictly construe.

Sen cites SR Bommai on the issue of Federalism.

Sen reads from VP Menon's book.