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

Salve: Plenary power is not subject to the challenge of excessive delegation because it is provided by the Constitution itself.

Salve: The power under 370 is plenary in nature and this is a power conferred by the Constitution.

Salve: 370 is a part of Constitution itself. There is no question of excessive delegation. The power has been provided to the President.

Salve: The delhi laws judgments were cited. That can have no application here. That principle cannot apply here. Your lordships read down the power to extend and apply laws under Art 14. The argument was excessive delegation.

Salve: This is an arrangement for the phased integration - keeping and reserving the power of disapplying the provision by the President.

The bench has reconvened.

The bench rises for lunch. The hearings to resume at 2 pm.

CJI: Which were the matters in IoA to which the first proviso to (d) applies?

Salve: We'll try responding to this by 4 pm.

Salve: There is a compromise. The accession is complete but I have a political compromise in which 370(1) is to operate but 370(3) is to put the compromise to an end and i reserve the right.

CJI: The only problem with that argument is that where the power to do something lesser in terms of constitutional impact is hedged in with restrictions- namely the power to make exceptions and modifications- can be subsumed with the power to do something with greater impact