[Live Updates From Supreme Court] Kashmir -Article 370 Hearing

There can be no presumption of constitutionality if decisions of such importance are taken in a haste manner. For the Section 377 case, the Supreme Court states that Pre-constitutional laws could not have a presumption of constitutionality due to the fact that they were made in haste. There was no application of judicial mind. The same is applicable here. This Bill was passed without the MPs even reading it. :Ramachandran

J. Reddy - What is the need for mentioning the timings for all the proceedings ?

RR - It is a part of the records and available in public domain. In my arguments, I wish to show the haste which these drastic measures were taken.

Ramachandran narrating the events

Aug 2 - Advisory was issued to Amarnath Yatris to end their Yatra due to safety concerns. They were asked to return immediately.

Aug 3 - Statement of Governor of J&K Satya Pal Malik saying that he wasn’t aware of any move to alter 370.

J Surya Kant - When did the Constituent Assembly cease to exist ?

RR - When the Constitution of J&K came into force.

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In the events leading up to this point, there has been no indication whatsoever calling for the abrogation of Article 370. The will of the people has never reflected this. :Ramachandran

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The Constitution of J&K was adopted by the Constituent Assembly of J&K in 1956. This was a result of the Delhi Agreement by Sheikh Abdullah and Nehru . The Constitution of J&K is mentioned in a footnote of Article 356 of the Constitution of India : RR

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Comparison of the Instruments of Accessions signed by various princely states. The Indian Independence Act, 1947 allowed for accession to either India or Pakistan (third option being the choice to remain independent). However, the powers given to either of the two countries could only be done with the consent of the people.

Basic facts in a nutshell have been discussed. Now, Ramachandran narrating the list of dates from 1850s with regard to the history of Kashmir.

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President’s Rule puts the Governor in charge in the place of the State Legislature. Thereafter, the Governor gives concurrence despite being a a representative of the Union itself. Essentially, this means that the concurrence of the State Legislature, which represents the will of people, was completely ignored.

The President is not allowed to usurp the power designed by Art. 370(1)(d).

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