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

Justice SK Kaul: You make your point but we will not go beyond 4 pm. You can ask your colleagues if it's fair to them.

CJI: We have to ration the time.

Singh: If Art 3 says that, for instance, it will not be introduced unless the president has done A,B, C, and it is apparent that the president hasn't done the same, and Rajya Sabha tables a bill it's not supposed to...that's what I'm referring to

Singh: By a simple ordinary majority and Art 3- all these constitutional rights, many of which are a part of the basic structure of the Constitution, are wiped out!

Singh: 73 has a specific provision which states that union cannot exercise powers of the State.

Singh: This is subject to the provisions of the Constitution, not subject to laws made by the parliament.

Singh: 162 states that executive power of the state shall vest in the state in respect of List II and III.

CJI: Mr Naphade has given us a list of all the consequences- such as J&K not having proportional representation, Ladakh not having representation...

Singh: I'll add to that.

Singh: This fiction that you can convert a State into UTs was never applied to the State of J&K. But keeping that aside, please see Art 294 and 295. These show how provinces were dealt with by the Constitution of India.

Singh: Now any permutation and combination is available to the parliament under Art 3.

Singh: Art 3 was not amended till the 18th amendment when those two explanations were inserted. Now the explanations have become the tail which is dragging the dog.