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

Dwivedi: When you breakdown a State into UT, the parliament becomes the sole legislature. When parliament is a sole legislature, the state comes out of the pedal structure.

Dwivedi: If the text and the context, as per my submission, inevitably show that the power couldn't have survived beyond '57, there is a case to be looked into.

Dwivedi: I only have submissions on two things. One is the demolition of a State into UT. Please have a look at 246(4).

Senior Advocate Dinesh Dwivedi commences his arguments.

Naphade: The whole constitutional structure is demolished, substantively restructured vis a vis J&K.

Senior Advocate Naphade concludes his submissions.

Naphade: Appointment of HC judges- as far as other states are concerned, governor is one of the people to be consulted. Governor means aid and advice. So that also goes away. Several provisions are impacted.

Naphade: Other disastrous consequences - Article 279A, representation in the GST council. People of J&K and Ladakh have no say.

Naphade: J&K will have the same rights as Pondicherry. This will require a constitutional amendment. You cannot do it by law like this.

Naphade: This is the exclusion of such a big area- no say in the election of the President - if not by direct, by indirect method.

Naphade: Look at the election of president. For the election, the electorate contains MPs both RS and LS and also the legislative members of respective states. J&K is not a state so it has no say for election of President.