The Constitution Bench comprising Justices N V Ramana, S K Kaul, Subhash Reddy, Surya Kant and BR Gavai is hearing a batch of petitions challenging the Presidential Orders of August 5&6 issued under Article 370 of the Constitution which repealed the special status of Jammu and Kashmir. The bench is also considering the constitutional validity of the J&K Reorganization Act which...
The Constitution Bench comprising Justices N V Ramana, S K Kaul, Subhash Reddy, Surya Kant and BR Gavai is hearing a batch of petitions challenging the Presidential Orders of August 5&6 issued under Article 370 of the Constitution which repealed the special status of Jammu and Kashmir.
The bench is also considering the constitutional validity of the J&K Reorganization Act which bifurcated the state into Union Territories of J&K and Ladakh.
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Now Sr Adv Sanjay Parekh making submissions.
"All the Presidential Orders issued were void ab initio because he didn’t have the requisite power to exercise the same."
Dwivedi : Secondly, they changed CA to Legislative Assembly. This is not a provision of the Constitution; it is a creation of the Constitution. If LA is normally introduced in Clause 3 & 2, then second and first Order will automatically go and the Reorganisation Act will fall.
Dwivedi : Secondly, they changed CA to Legislative Assembly. This is not a provision of the Constitution; it is a creation of the Constitution. If LA is normally introduced in Clause 3 & 2, then second and first Order will automatically go and the Reorganisation Act will fall.
Dwivedi : How can an executive exercise of power supersede constitutional power ?
First Order says that it has been issued under 370(1)(d). Now if other provisions have to be implemented under the same, how is it possible ? The CA is not there, the power is not there.
Justice Gavai asks who has the power to amend then. Dwivedi responds that this doesn’t come from 370. It might be found in the folds of the two Constitutions, but not under these Articles.
Dwivedi : If I am correct in my assessment, both the Constitutions are parallel and independent of each other.
Dwivedi : Can 370 say that we are lifelong and we will continue to exist ? If this question can be answered in yes, then the whole debate to regulate the State and Centre relationship is meaningless because then you can keep intervening.
Dwivedi : Art. 368 is shaped by the philosophy that the Constitution will be moulded according to the changing times.
Dwivedi : Let us take our Constitution. Do we believe it was there a year or a limited period ? It’s believed to be unlimited. It’s not carved in stone, because there’s always an amending power.
Constitutions are not made for a day. These can be seen from Proclamations and the debates. It is for the welfare of the people.