Article 370 Case : Live Updates From Supreme Court [Day 15]

ASG Nataraj: It's a unique, extraordinary power conferred on the President to abrogate or change- which has the flavour of constituent power, executive power, and legislative power. That is a plenary power conferred on president.

Justice Khanna: Mr Nataraj, what you're probably trying to highlight is that the argument that the federal structure gets affected because of abrogation of 370 should not be accepted for the reason that the federal structure is protected by 368.

ASG Nataraj: Reading these two articles together in a different language will make either of them redundant.

CJI: But equally, the adaptation to the Constitution ensured that even in the matter of amendment, the president still has to go through the route of Art 370(1).

ASG Nataraj: When it comes to Article 370, the language is just 'recommendation'.

ASG Nataraj: The collective consent theory is introduced under Article 368 for the purpose of amending the Constitution.

ASG Nataraj: Kindly have a look at Art 368 in juxtaposition to Art 370...Article 368 recognises federalism in the matter of amendment to Constitution.

ASG Nataraj: This article did not confer any kind of right. Three, continued application of Article 370 discriminated and opposed to basic structure. Fourth, doctrine of federalism has no application so far as process under Art 370 is concerned.

ASG KM Nataraj: Article 370 is the only provision in the Constitution which has a self destruction mechanism.

Sr Adv Giri concludes his arguments.