Article 370 Case : Live Updates From Supreme Court [Day 5]

Senior Advocate Shah concludes his arguments.

Shah: 370 as a matter of fact, is a case of where the government wants to do something but there is a constitutional obstacle.

Shah: You use 367, alter 370, take it back and then you kill 367 itself. It's not a bonafide action. It's not legitimate.

Shah: Someone thought that we'll kill the hen and get all the golden eggs.

Shah: Entire constitution right from Art 2 to 396 would apply to us. In that, 368 would also apply.

Shah: 3. CO 272 issued with concurrence of govt of J&K which meant a govt where council of ministers is in place

4. All provisions of Indian constitution are made applicable to J&K which couldn't be done as it hadn't been done by Constituent Assembly or by J&K govt in 69 years.

Shah: 1. CO 272 is notified at a stage when the presidential order under 356 is in operation.

2. The President under notification dated 19 Dec 2018 had assumed to himself powers of governor of J&K.

CJI: Can you crystallise your arguments on this aspect?

Shah: We need to interpret 370 on basis of the purpose it has.

Shah: What is the legal value entrapped in 370? Council of ministers- doesn't it show the political presence of people? Doesn't it show that the representatives of people are present? Doesn't it show an element of democracy?