[Live Updates] SC Hearing On Article 370 & JK Reorganization

My argument is that Indian Constitution ceases to operate after JK Constitution is formed. - Dwivedi

Once the JK Constitution is brought in, then nothing more is to be done and Article 370 goes. Is that your argument? - Justice Kaul

Justice Kaul - 370 starts with a non-obstante clause. What is the purpose of 370(3) ?

DD - The purpose is to state that the provision will cease to operate only with the concurrence of constituent assembly(of J&K).

#Article370

Dwivedi referring to Article 370(2).

This provision categorically means that after the Constituent Assembly came in to being, there was no occassion for taking concurrence of Assembly.

Only Articles 1 and 370 of Indian Constitution will apply to Jammu and Kashmir : Dwivedi.

Dwivedi states that the framers had accepted that the State would be by and large independent. The special status of J&K was accepted by the framers of the Constitution

Now, referring to the Lists, Dwivedi states that the concurrence of the JK government is required when it comes to implementing policies on subjects not in the IOA. If it’s in accord with the terms of the IOA, then mere consultation is enough, not concurrence.

Dwivedi - I may be sounding kind of unusual. But, whether I like it or not or even if your Lordships disagree, this is the case.

The State was kept apart and could only be governed with:

A. Instrument of Accession.

B. Direct consultation with the State.

The State becomes a part of the Union only with the help of Art. 370.

#Article370

Now, reading Part 6, Dwivedi is talking about how it talks about the legislature and executive, and how it’s not applicable.

Even the Schedule wasn’t made applicable to the State. #Art370 was the only tunnel of light through which the Centre-State relationship could be governed.