Article 370 Case : Live Updates From Supreme Court [Day 6]

Dhavan: You have amended the constitution. And this mandatory provision takes us to the core of mandatory requirements of Art 3. Because the entire J&K Reorganization Act emanates from Art 3 and 4.

Dhavan: This cannot be done under the proclamation, under 356. It is a constitutional amendment which is subversive of the constitution itself. If this suspension fails, president's rule will fail and it's extension in July fails.

Dhavan refers the bench to the proviso of Article 3.

Dhavan: "It is mandatory for the President to refer the bill to the legislature". It is a condition precedent before you invoke Article 3.

Dhavan: We have the greatest diversity. This diversity is unparalleled.

Dhavan: The answer is none. It continues and has to continue to preserve the federation and conditions under which the federation was made.

Dhavan: Your lordships also asked that on 4th August what was the autonomy you were going to lose?

Dhavan: If there was no standstill agreement and and no merger agreement - the Maharaja would be absolute. So I take 370 to be a constitutional substitute for a standstill agreement- without which we're lost.

Dhavan: Now come to the merger agreement. This agreement indicates the extent of internal sovereignty.

Dhavan: Because all the powers of the Maharaja - retained their internal sovereignty.

Dhavan: Raja didn't sign the standstill. As far as internal sovereignty is concerned, the standstill was very important.