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

Dave: Last judgement I wish to place on record is the UP assembly matter.

Dave refers to judgment in DC Wadhwa v State of Bihar.

Dave: It is settled law that the constitutional authority cannot do indirectly what cannot be done directly.

Dave: Resolutions are passed by parliament on many issues, sometimes to honour the individuals and to recognise great events in the country. So parliament passes resolutions. That is a pure act outside of parliamentary powers

Dave: And they did it only because the assembly was dissolved.

CJI: Mr Dave, do we really need to labour on the counter? We have to interpret the constitutional provision as it stands. How is this relevant?

Dave: I bow down. There are no reasons available in presidential exercise, nor are they given in counter

Dave: They say that Constituent Assembly of J&K did not in any manner deviate from constitution of India...

Dave: Their affidavit is a bundle of contradictions.

Dave: I am on fraud on the Constitution that today the president is exercising power without any material, any justification - and by simply saying that it was impeding...

Dave: President has to be advised by his advisors.

CJI: Judicial review would be confined to a constitutional violation. There's no doubt about that.

Dave: President has undoubtedly exercised powers under 370. Your lordships have said that President can only exercise powers in constitutional sense, no other sense.

CJI: Are you inviting the court to review the wisdom of the decision of the govt on the abrogation of 370? You are saying that judicial review should reassess the basis of the govt's decision that it was not in national interest to continue Art 370?