Article 370 Case : Live Updates From Supreme Court [Day 13]

Dwivedi: It cannot be described as an ordinary executive power of the President or even a power which is legislative in the nature of an ordinance making power.

Dwivedi: This is a constituent power which is laced with elements of act of state.

Dwivedi: Where you're amending the constitution - that power is Constituent power.

Dwivedi: The second is the ancillary constituent power- like Article 238 that for certain period, central govt would control part B states.

Dwivedi: The power to modify in itself is very wide. There are five kinds of Constituent powers in the Constitution. First is the original Constituent power through which the constitution was framed.

Dwivedi: My divergence is about the character of power of president. Mr Sibal said that it is executive, Mr Salve said that it is legislative. I say it is Constituent power much wider than Art 370.

Dwivedi: I have some divergence from what Mr Salve submitted. It's not in opposition.

Dwivedi: In constitutional matters, it is always possible to take two views...

Dwivedi: So the burden on them is to show that what they've put forth is the only view possible.

Dwivedi: The burden is on them to show that what they're saying is unquestionably right. Second, if there are two views, that view should be adopted which sustains the exercise of power and not defeats the exercise of power.

Sr Adv Rakesh Dwivedi commences his arguments.