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

Dave (continues reading Berubari): "On the other hand, it is clear that if the law in regard to the implementation of the Agreement is to be passed under Art. 368 it has to satisfy the requirements prescribed by the said Article..."

Dave: I must confess that I have been sufficiently instructed, briefed, and educated by Mr Prashant Bhushan in this matter over several sessions. It's something which I must mention.

Dave: The conclusion of your lordships is very clear that legislative power is not possible. Only a constituent power can be exercised. That Constituent power is under 368.

Dave continues reading Berubari: "Our conclusion is that it would not be competent to Parliament to make a law relatable to Art. 3...It is conceded by the learned AG that this conclusion must mean that the law necessary to implement the Agreement has to be passed under Art 368."

Dave: So the treaty will have to be interpreted in the light of 370.

Dave: It was absolute brilliant statesmanship on their part to bring that into constitution to assure the people of J&K that we mean what we say.

Dave: In my respectful submission, treaty in question here between the erstwhile ruler and Governor General is now transfixed into Art 370. So 370 is an extraordinarily unusual provision. It's so beautiful.

Dave: "Stated broadly the treaty-making power would have to be exercised in the manner contemplated by the Constitution and subject to the limitations imposed by it."

Dave takes the bench through the judgement in In Re: The Berubari Union, 1960.

The bench has convened for the day.