Article 370 Hearing : Live Updates From Supreme Court [Day 7]

CJI: Article 370 works itself out and achieve its purpose once the Constituent Assembly of J&K has completed its task. Then where was the occassion thereafter to issue constitutional orders post 1957?

Dave: This Article has lived its life and achieved its purpose. 370(1) survives because if tomorrow the Constitution is amended and a new article is inserted, we would want it to apply to J&K also.

Dave: It was a one time exercise. It was not intended to be exercised again and again. Even the Constituent Assembly could not do it again. Suppose they passed a resolution later saying now we want to get out of India? Was that permissible? No.

Dave: Constituent Assembly said we want to be part of India, we want to continue with Article 370 and that was accepted by President. Where does he have power to re-exercise this now. It would be travesty of justice if GOI says that governor can act on it.

Dave: It was never intended to be permanent. It is a temporary provision. The entire power of decision to make it applicable was left to Constituent Assembly. President can't exercise powers now and say that 370 stands repealed.

Dave: Why is it temporary? Why? Because democracy. You could only do it if Constituent Assembly approved it.

Dave: State govt has to be understood in the context of democracy. Not as governor exercising omnibus powers.

Dave: All other articles were to be applied by the President subject to this exercise of power under clause (d) read with proviso. So if it is part of IoA, with consultation. If it is outside, concurrence of the state govt.

Dave: 370(1)(c) is most important. Please see. "The provisions of Art 1 and this Art shall apply to the State." Meaning that all other articles shall not apply.

Dave: You persuade citizens of a state, a country - at that time an independent state to accede to you. They agree.

Justice Gavai: Who requested the government of India? The Raja did.

Dave: Raja requested but he expressly asked for this protection.