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

Dave: I will show that by Mr Iyengar's very express statement.

Dave: It is temporary from the perspective of J&K, not temporary from perspective of Indian republic. The choice was left to Constituent Assembly and thus the people of J&K to decide.

Dave: The argument government is advancing before your lordships doesn't bear out from plain reading of the constitution provision.

Dave: Constitution is durable. If it served a need of the hour on that day, doesn't mean that the need be wished away.

Dave: There are two submissions - one, that treaty is to be interpreted in light of what Constitution provides; two, if you want to touch that treaty, you can't do it as a legislative act, you have to do it in exercise of Constituent power.

CJI DY Chandrachud: Berubari was decided at a time when Explanation 1 and Explanation 2 were not on constitution. They came as a consequence of Berubari. So now that issue won't survive.

Dave: So this is the check. If they don't do it in letter and spirit, your lords can strike it down and you must

Dave: Your lordships know what majorities can do. We saw what happened in 1975.

Dave: You can't resort to some kind of executive power, authorise president to do this, do away with everything that Art 3 provides in the garb of 356 power. It makes mockery of constitutional safeguards.

Dave: "It should obtain the concurrence of a substantial section of the House which may normally mean consent of major parties of House, and that is a safeguard in matters of this kind." This is the protection which has been extended. And I beseech you to extend it here too.