Justice Kaul - Whatever is done under Art. 370, before or after, is obliterated. Is that what you’re saying ? You’re only survived by Consti of India minus 370 and Consti of J&K.

Parikh - I will refer to the 1950 Order and

1952 OrderMaking changes in 1950 Order and second is changing in Explanation.

Kaul J. - Your case is contradictory. If you’re saying that it’s transient in character, then whatever is done before is also obliterated. You’re trying to canvass the object and the debates. That’s fine. Maybe the Central Govt. thought of a transient provision, but CA had other ideas.

Parikh - Not everything, no, no. Before 370, it shows how ultimately the IOA subjects have to be incorporated in the Indian Consti. We are not averse to other provisions of Consti, but it should be put before CA. By virtue of PO, it should be put ultimately before the CA when it was going on. The debates also say this.

Ramana J - Before 1957, whatever PO passed, is out before CA. Can you show from somewhere if it is ratified by CA also ? We don’t want date of acceptance, we want the debate. Some expression.

Parikh - It was subsequently in 1951 when CA of J&K was constituted.

Ramana J. - According to me, Mr. Dwivedi submitted that every PO has to go. Even 1950, 1952.

Parikh - I don’t agree with that.