A Constitution Bench will resume hearing today the Centre's arguments in the batch of petitions challenging the dilution of Article 370 of the Constitution.On Day 12, the bench led by Chief Justice of India DY Chandrachud had asked the Centre to make a definite statement regarding the timeline for restoring the statehood of Jammu and Kashmir. The bench had also raised queries regarding the...
A Constitution Bench will resume hearing today the Centre's arguments in the batch of petitions challenging the dilution of Article 370 of the Constitution.
On Day 12, the bench led by Chief Justice of India DY Chandrachud had asked the Centre to make a definite statement regarding the timeline for restoring the statehood of Jammu and Kashmir. The bench had also raised queries regarding the manner of using Article 367 to make Article 360 inoperative in effect. CJI DY Chandrachud further asked if the steps taken in 2019 were "logical decisions" given that the substantial integration of J&K had already taken place over 69 years.
Follow this page for live updates from today's hearing.
Live Updates
2023-08-31 04:27:17
31 Aug 2023 10:35 AM GMT
The bench has risen for the day.
31 Aug 2023 10:34 AM GMT
CJI: We'll give you half an hour more tomorrow Mr Dwivedi...
31 Aug 2023 10:31 AM GMT
CJI: Justice Kaul is sitting in a three judge bench. As soon as it is done, we'll continue.
31 Aug 2023 10:30 AM GMT
Dwivedi: A recommendation of an inferior authority when it goes before a superior authority can never be binding, that also if the body is a temporary body.
31 Aug 2023 10:10 AM GMT
Dwivedi: And the fifth is Art 2.
31 Aug 2023 10:08 AM GMT
CJI: So you have given 3 Constituent powers- original Constituent power, ancillary Constituent power, amendatory Constituent power.
Dwivedi: The fourth is like the provisions of Art 3 and 4 where amendment of schedules of states can be altered.
31 Aug 2023 10:05 AM GMT
CJI: The existence of a state is a very vital element of Federalism.
Dwivedi: I am dealing with CO 273. CO 272 is answered by the SG. I am saying that irrespective of 356 invocation or Art 3 invocation 273 is sustainable on main part.
31 Aug 2023 10:03 AM GMT
Dwivedi: On one hand if you accept our submission, the rights of people of Kashmir get expanded.
31 Aug 2023 9:51 AM GMT
Dwivedi: This is a power of a very wide scope and wide impact- for the whole of the country.
31 Aug 2023 9:49 AM GMT
Dwivedi: This is a constituent power which is laced with elements of act of state.
Dwivedi: 370 cannot be decided on the basis of sentiments. Sentiments are on both the sides.
![Article 370 Case : Live Updates From Supreme Court [Day 13]](https://www.livelaw.in/h-upload/2023/08/02/750x450_484123-article-370-supreme-court.webp "Article 370 Case : Live Updates From Supreme Court [Day 13]")
