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

Naphade: J&K doesn't have proportionate representation in the Lok Sabha- discrimination, Art 14. If you create more UTs, that limit of 20 will have to be crossed. Today it is 19, that's fine. But look, working of seats for other states is a diff formula.

Naphade: Look at Lok Sabha. Under Art 81(2), as far as other states are concerned, the number of seats they have depends upon their population. The constitution further mandates that ratio between population and seats shall be saved.

Naphade: So much for democracy. People of Ladakh have nothing to do with working of Rajya sabha including the election of the deputy chairman under Art 89, 90.

Naphade: What is the impact on the constitutional structure where everything has been turned upside down? Ladakh has no representative in the Rajya sabha now. People of Ladakh therefore do not count as far as Rajya sabha is concerned.

Naphade: According to me, no two interpretations are possible. There is a conscious omission of abolishing of states. Because India is a union of states. Art 3 has to be read with 355. If there is breakdown of machinery, restore normalcy. You cannot abolish a state.

Naphade: The existence of a State is a part of the basic structure and J&K cannot be an exception to it. Because then why not tomorrow abolish Bengal? And by what parameter?

Naphade: There is no ambiguity at all. There is not even a whisper of abolishing of states. This is to be seen in the context of Article 1- India, that is, Bharat shall be a "Union of States".

Naphade: According to me, there is a conscious omission in Art 3 as regards power to abolish a state. Why do I say that? Not only from marginal note but also look at the text.

Naphade: How long can you do away with an elected govt? This question came up before your lordships in the Gujarat Assembly case. And your lordships said 6 months.

Naphade: Art 356 cannot be read in isolation. The purpose of 356 is to restore under Art 355.