Article 370 Case : Live Updates From Supreme Court [Day 4]

Subramanium: They had a basic principles committee - what are the basic principles on which their Constitution would be framed. Please see these.

Subramanium takes the bench through the Constitutional orders of 1950, 1952, 1954

Subramanium: I'm trying to set out the extraordinary goodwill between India and the State framing the constitution and how it was expressed.

Subramanium: On 17th October 1949 Article 306A was introduced. One day before our Constitution was going to be adopted, on 25th Nov 1949, the Maharaja said India is avowed to frame a new constitution & for continuity the provisions of Constitution must govern us till necessary.

Subramanium: On 27th Oct 1947, Lord Mountbatten accepted the IoA. 5th March, there was an interim government for administration appointed by Maharaja.

Subramanium: Our constitution didn't ask Maharaja to discover the will of people. They acknowledged that there should be a constituent assembly by which will of people of J&K should be ascertained. Even though he was titular head, people of J&K were acting in sovereign capacity.

Subramanium: There was a 1939 constitution. One of the features of that Constitution is that the Maharaja and all legislature, judicial parts vested in the Maharaja...On 26.10.1947 Hari Singh signed Accession. It wasn't like others. All others signed supplementary agreements.

Subramanium: Justice Sikri said that that amendment did not alter the basic structure of the J&K constitution.

Subramanium takes the bench through the list of dates.

Subramanium: The judgement in Damnoo is a case where there was an amendment to J&K constitution by the assembly which was called the 6th amendment. J&K said that Sadar-i-riyasat will now be governor. And that's why 367 was amended to bring it in accord with J&K constitution.

Subramanium: Justice Bhargava noted in Sampat Prakash that the Constituent Assembly did not want to abrogate 370 and instead permitted its continuance.

Subramanium: When lordships sees those exceptions, lordships will realise it is not a simple government order. This is a product of bilateralism. Our constitution by its very nature has so many checks and balances.