Article 370 Case : Live Updates From Supreme Court [Day 14]

Dwivedi: Our independence is not a grant of India Independence Act. We had already resolved to form a republic. We amended the adaptation order to make it clear to rulers of all states that the moment you sign the Instrument, you're part of the Union, you're integral.

Dwivedi: Something which even the Muslim league did not demand, the British were framing. Because they wanted to control the two frontiers for geo political reasons. So they came with a cabinet mission plan.

Dwivedi: Three groups- central provinces: group A, north west: group B, Assam and Bengal, whole of it: Group C.

Dwivedi: Mr Sibal started from the cabinet mission plan, return of paramountcy...from there the sovereignty element is derived. What is forgotten is that cabinet mission plan was again a British device to frame a larger Pakistan within India.

Dwivedi: Nehru ji himself said that the idea of having a Constituent Assembly emanated from the Government of India.

Dwivedi provides the bench with two judgements on 'devolution of power'.

Dwivedi: The stature doesn't expand by these expressions. The stature depends on nature of power exercised. It doesn't equate with the nature of power of Prime Minister of India even if you call it Prime Minister.

Dwivedi: This concept is frequently applied in UK- the parliament of UK is concerned to be supreme... They have Scotland parliament also, northern island parliament also, the Wales parliament too. So it doesn't matter that you call it sadar i riyasat, CM, Governor.

Dwivedi: It's not an independent power like the Constituent Assembly of India.

Dwivedi: Throughout it follows the dictat and respects the Constitution of India and there is very little difference in it. This methodology of JKCA is very akin to juristic concept of devolution of powers.