[Live Updates From Supreme Court] Article 370 Hearing- Day 3

Update: 2019-12-12 05:24 GMT

Supreme Court Constitution Bench comprising Justices N V Ramana, Sanjay Kishen Kaul, R Subhash Reddy, B R Gavai and Surya Kant commenced the hearing of the petitions challenging the Presidential Orders under Article 370 which revoked the special status of Jammu and...

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Supreme Court Constitution Bench comprising Justices N V Ramana, Sanjay Kishen Kaul, R Subhash Reddy, B R Gavai and Surya Kant commenced the hearing of the petitions challenging the Presidential Orders under Article 370 which revoked the special status of Jammu and Kashmir.

Live Updates
2019-12-12 07:14 GMT

The relationship between J&K and India under Art. 370 was to remain till the enactment of Consti of J&K. Therefore, it was supposed to be a temporary provision.

J. Kaul - What do you mean ?

DD - Prem Nath Kaul states that it is temporary. Sampat Prakash doesn’t.

2019-12-12 07:00 GMT

This reference cannot be decided by a Five Judges Bench as there is conflict between two Five Judge Benches

AIR 1959 SC 749 AND AIR 1070SC 1118

2019-12-12 06:52 GMT

Sr. Adv. Rajeev Dhawan - This can be considered at a later point, post the rest of the arguments.

J. Ramana - The lawyers had to decide this amongst themselves.

2019-12-12 06:51 GMT

Senior Advocate Dinesh Dwivedi is arguing now on why the matter should be referred to a larger bench.

2019-12-12 06:30 GMT

Conditions of Art. 370(3) had to be satisfied in order to cease the operation of the Article.

2019-12-12 06:27 GMT

SBI v. Santosh Gupta which was based on Sampat Prakash case (1968). In the SBI case, SC had held that Art. 370 was not temporary.

2019-12-12 06:13 GMT

The difference between Damnoo and the current case exists in the fact that in the former, the interpretative changes involved the replacement of the Sadar-i-Riyasat by the Governor as SIR is a defunct post. But, the Centre has used these supposedly minor interpretative changes to completely change the relations between the Centre and the State.

2019-12-12 06:05 GMT

In the current case, the Parliament had made interpretative changes to Art. 367 in order to make changes to Art. 370. Damnoo judgement shows that this cannot be done.

2019-12-12 05:26 GMT

Bench assembled

Senior Advocate Raju Ramachandran resumes his submissions

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