Article 370 Case : Live Updates From Supreme Court [Day 11]

The bench rises for the day.

Justice Khanna: Converting Ladakh into a UT- the other side has argued is downgrading it. Number two, Article 356- the maximum tenure is 3 years. We have crossed those 3 years

SG Mehta: It is necessary that for some time this remains under the Union as UT. The Hon'ble home minister in the house has said that this is a temporary measure. Ultimately, J&K will become a state. That's a separate argument.

SG: The arguments by petitioners are factually wrong- that my consolidated fund is gone, representation in parliament is gone, my elections- voting in parliament is gone, GST Council is gone- specific provisions have been made.

SG: I'll show that it is still a state for all purposes. It has a legislature. Only the power of police is with the president.

CJI: So Parliament would then give views to itself and it would also enact the legislation for reorganization.

SG: That's the inevitable consequence.

CJI: Would that really be consistent with the federal doctrine?

SG: It won't destroy federalism at all, I'll show it

CJI: The constitutional practice cannot obviate the legality of what is done.

SG: Even the views are taken here. In Punjab it wasn't done.

SG Mehta: During the president's rule, parliament acting as a state legislature, even reorganized the state of Punjab.

SG Mehta: Even budgets of a state have been passed by the parliament acting as a state legislature.

SG Mehta: I have taken, till date, whichever are the acts passed by parliament acting as a legislature of state, during president's rule. The list is given. There are 248 such clauses passed.