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

SG: I'm showing this to establish that a stand which has been taken that we had a special feature and therefore we were given special treatment and this provision was a privilege given to us which can't be taken away- I'm showing that there were many princely states...

CJI: The only difference was that this constitutional history led to the ultimate integration in every sense of the other States. They didn't follow the 370 route. Because for J&K, the Constitution decided to go to 370. Other states merged completely.

SG Mehta, referring to the model IoA: "Nothing in this instrument shall be deemed to commit the united states in any way to acceptance of any future constitution of India"- this is not in J&K.

SG Mehta: Till the princely states remained, even after Independence, they were called the 'Rajpramukhs'.

CJI: Until 1956 amendment when the Rajpramukhs were abolished.

SG Mehta: Every state had put their own conditions.

SG Mehta continues taking the bench through the history of accession and the formation of the Union of India

Bench: The High fever also seems to be an act of diplomacy.

SG Mehta: It was a diplomatic illness and was necessary at the time.

SG Mehta: Nehru was running a high fever. It was decided that Mountbatten should go alone. VP Menon writes this.

SG Mehta: But Sardar Patel was strongly opposed to the proposition on the ground that Pakistan was the aggressor and India ought not to follow the policy of appeasing the aggressor.

SG Mehta: The moment Jinnah heard that India accepted J&K' accession...Jinnah invited Nehru to Lahore to discuss the problem. See the diplomacy - Mountbatten was eager to accept the invitation and Nehru was inclined to agree with Mountbatten.