Article 370 Case Hearing : Live Updates From Supreme Court [Day 10]

The bench rises for the day. Arguments to continue on Monday morning (28.08.2023)

CJI: Eventually when you argue that this is not a constituent assembly but a legislative assembly in its original form, you'll have to answer how this squares up to clause (2) of A 370 which specifically says Constituent Assembly formed for purpose of framing Constitution of J&K

CJI: Because there is a textual answer which may militate against your line of approach. Anyway, we'll discuss that later.

SG Mehta: I will show the devastating effect it would have if this constitution, which according to me is nothing more than a legislature, would not have been repealed the way we have done.

SG Mehta: Till 5th August 2019, Jammu and Kashmir Constitution was not having either the term 'Socialist' or 'Secular'.

SG Mehta: The preamble of Indian Constitution was made applicable to J&K by way of a Constitution Order under Article 370(1)(d) in 1954. Thereafter, in 42nd and 44th amendment, the words "socialist" and "secular" were added. That was not made applicable to J&K.

SG: I'll show how Art 370 was till 2018. Some of the things are really shocking. Practically, two Constitutional organs- state govt and the President, in consultation with each other, can amend any part of the Constitution the way they want and apply it to J&K.

SG Mehta: The preamble of this proclamation was based on the conviction that the best interest of the state requires that the constitution relationship established between the state and dominion of India should be continued as between the state and contemplated UOI.

CJI: This proclamation is on the same day as Dr Ambedkar's last address to the Constituent Assembly. By this point of the time, the entirety of Constitution had been formulated, including 370. Therefore, when he makes this proclamation, he makes this in light of Article 370.

SG Mehta: This is accepting supremacy of our constitution and surrendering the sovereignty to the Constitution where the sovereign is "we the people of India".

CJI: They're saying that we gave up external sovereignty, no doubt. They say that course of events and the adoption of 370 would indicate that while there was a giving up of external sovereignty, internal sovereignty exercised by the then Maharaja, that was not ceded to India.