Day 6 of oral arguments in #Article370 hearing.
The Bench has assembled. Sr.Adv.Dinesh Dwivedi submits that the matter needs to be referred to a larger bench as there are conflicting judgments from two earlier constitution benches on President's powers u/Art.370
1/n
The Bench has assembled. Sr.Adv.Dinesh Dwivedi submits that the matter needs to be referred to a larger bench as there are conflicting judgments from two earlier constitution benches on President's powers u/Art.370
1/n
The Bench is now trying to assess the time that will be taken by counsels to finish their arguments.
SK Kaul J. observes that there needs to be a cap on the number of intervention applications being filed.
2/n
SK Kaul J. observes that there needs to be a cap on the number of intervention applications being filed.
2/n
#Article370
Sr.Adv.Dwivedi commences his arguments. Requests the Court to set aside the August orders abrogating Art 370 and declare them void.
He explains that the the Indian Constitution applies to Jammu & Kashmir in a limited way.
3/n
Sr.Adv.Dwivedi commences his arguments. Requests the Court to set aside the August orders abrogating Art 370 and declare them void.
He explains that the the Indian Constitution applies to Jammu & Kashmir in a limited way.
3/n
#Article370
He moves on to the scope of Article 368 - the amending power of the Parliament. Submits that it only provides for amending provisions of THIS constitution, implying that it cannot be deployed to amend the J&K Constitution.
4/n
He moves on to the scope of Article 368 - the amending power of the Parliament. Submits that it only provides for amending provisions of THIS constitution, implying that it cannot be deployed to amend the J&K Constitution.
4/n
#Article370
As to the nature of Art 370, he asserts that it is temporary. Elaborating on it, he argues that although no time line is provided for its operation, the powers of the President to issue orders ceased once the J&K constitution came into effect.
5/n
As to the nature of Art 370, he asserts that it is temporary. Elaborating on it, he argues that although no time line is provided for its operation, the powers of the President to issue orders ceased once the J&K constitution came into effect.
5/n
#Article370
Further submits that once the J&K Constituent Assembly adopted the J&K Constitution, President's powers u/Art 370 ceased to operate. Thereafter, the relationship between J&K and the Union was to be governed by the J&K Constitution.
6/n
Further submits that once the J&K Constituent Assembly adopted the J&K Constitution, President's powers u/Art 370 ceased to operate. Thereafter, the relationship between J&K and the Union was to be governed by the J&K Constitution.
6/n
#Article370
Adds that Art 370(2) and (3) ceased to have operation once the Constituent Assembly came into being.
7/n
Adds that Art 370(2) and (3) ceased to have operation once the Constituent Assembly came into being.
7/n
#Article370
Sr.Adv.Dwivedi reads out from the Constituent Assembly Debates to establish that Art 370 was meant to be an interim arrangement.
He adds that J&K State Government could not approve Presidential Orders once the J&K Constituent Assembly came into being.
8/n
Sr.Adv.Dwivedi reads out from the Constituent Assembly Debates to establish that Art 370 was meant to be an interim arrangement.
He adds that J&K State Government could not approve Presidential Orders once the J&K Constituent Assembly came into being.
8/n
#Article370
He is now reading out portions from the 1959 judgment of the Supreme Court in Prem Nath Kaul v. State of J&K: indiankanoon.org/doc/816126/
So far, he has referred to the following paras: 10, 14, 18, 19-21, 24, 28, 34, 36 and 38.
9/n
He is now reading out portions from the 1959 judgment of the Supreme Court in Prem Nath Kaul v. State of J&K: indiankanoon.org/doc/816126/
So far, he has referred to the following paras: 10, 14, 18, 19-21, 24, 28, 34, 36 and 38.
9/n
#Article370
Sr.Adv.Dwivedi continues. He submits that the intention of Art 370 was to limit the Parliament's power over J&K. Thus, any interpretation of its scope should be made keeping this in mind, adds Dwivedi.
11/n
Sr.Adv.Dwivedi continues. He submits that the intention of Art 370 was to limit the Parliament's power over J&K. Thus, any interpretation of its scope should be made keeping this in mind, adds Dwivedi.
11/n
