Article 370 Case : Live Updates From Supreme Court [Day 4]

Subramanium: The nature of the constituent assembly power is as pristine and pure as any assembly. This is the equality we have practiced. This is the level of statesmenship India practices. Whatever constituent assembly wanted, we accorded it.

Subramanium: If the Constituent Assembly of J&K, which is the body of people, has taken these proactive steps and we have accepted those proactive steps, can we unilaterally abrogate this arrangement?

Subramanium: They have expressly affirmed by a resolution that they don't want it to be abrogated. That act of resolution is accepted by the government and the order is passed.

Subramanium: They wanted its continuance, they wanted this to be a language of communication between the two constitutions.

Subramanium: The provisions to the Constitution of India were not applied only through a 370 order. They were embraced into the J&K constitution.

Subramanium: The architecture of the second proviso makes 3 non derogable, 5 non derogable, and application of Indian Constitution provision non derogable.

Subramanium: The linkage between the 1954 order and the constitution of India as applicable has been cemented by the J&K constitution as well. Which is why the last thing I have to show you is amendment to Constitution, 147.

Subramanium: 1954 order was treated as a part of law applicable to them. See Article 103.

Subramanium: The High Court is constituted under this Constitution.

Subramanium: Popular representative government is a part of the architecture of Sec 92 of J&K constitution.

Subramanium: "If governor is satisfied that state govt cannot be carried on...governor may assume to himself all functions of state govt..." He is not in the position to exercise powers of legislature and he must do this to get popular govt in 6 months.