[Article 370] [Day-5] Hearing On Kashmir Petitions [Live-Updates From Supreme Court]

Two judges being referred to by Sr. Adv. Shah with the citations: 1969 1 SCC 300 and AIR 1962 SC 1288.

ASG Vikramjit Banerjee interjects on the issue of merger agreement.

Justice Kaul to Sr. Adv. Shah: what is your view on this conflict ?

Shah - I don’t see a direct conflict. But, the conflict possibly could be that Certain aspects were not considered. Constitutional provision ended in 1957 and does not continue. But, if this inference is correct, then Sampat Prakash differs.

Kaul J - One can be a perspective you are putting before us. But, unless there is a direct conflict, we cannot refer. Put it in a paper and pen down your thought on this aspect.

Art. 370 subsumes the sovereignty of the State. Within the framework of the Constitutions, you have yours and we have ours. This was the method which has been followed in the last 70 years : Shah

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Sr Adv Shah continues. So far as governance is concerned, it will continue to vest in the people of the State. It needs to be understood in the context of IOA. For governance, we will continue to have our power to legislate and this will be with our concurrence and consultation.

SG interjects saying that we are not delving into political discourse. The issue of reference is regarding constitutional issues.

Sr. Adv. Rajeev Dhawan gets up to counter that - The substantive arguments that my brilliant friend is making; they are the best I’ve ever heard. But, we must get into this.

Justice Kaul states that the everything needs to be included in the submissions.

Sr. Adv. Dhawan - I apologise, but your Lordship speaks very softly. You could very well be saying “Shut up and sit down, Dhawan !”

He is now reading Clause 8 of Instrument of Accession which is a non-obstante clause and doesn’t affect the sovereignty of the State.

We have our constitutional autonomy. It is a guaranteed thing to J&K. It is guaranteed by the COI and the framework and working of both the Constitution : Shah

Whether they can substitute Constituent Assembly with legislative assembly. The power of a CA is unlimited, its roots are in the will of the people. It is beyond challenge. How can they substitute it? : Shah

AG interjects and states that such conclusions cannot be said. He appreciates what is being said, but not the usage of word 'fraud'.

They say that the President has resorted to this and has applied 367 with modification. By virtue of 367(4), see the fraud and bulldozing : Shah