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

Dave: Law and order problem certainly exists. But it is not because of applicability or otherwise of Constitution.

Dave: Article 367 begins with a non obstante clause says "subject to the contrary". 370, therefore, context is entirely different.

Dave reads from Jatinder Nath Gupta v State of Bihar.

Dave: It is an extraordinary parliamentary act they've done. It's neither legislative nor Constituent.

Dave: They have exercised 370(3) to delete it.

Dave: Constituent Assembly has accepted it. It's a one time exercise. Now you can't repeal.

Justice Kaul: They didn't repeal...

Dave: Yes, it was made inoperative.

Dave also relies on the judgement in Sampat Prakash v State of J&K (1968)

Dave reads from judgement in Premnath Kaul v State of J&K.

Dave: They knew what India's problems were. They knew about the diversity of this country. They felt the pain of every part of this country. And that pain they brought in these provisions.

Dave: The article is not just a letter. It's the feelings of people of J&K.

Dave: These constitutional assembly debates took several years! These are men and women who were the most brilliant of those born in this country. We owe gratitude to them. If we were to interpret Constitution as today's govt tells us, we'd be doing great disservice to them.