Article 370 Case : Live Updates From Supreme Court Hearing [Day 9]

Tiwari: National security is not merely about the use of hard power of the state. Independent India decided to manage its periphery through Constitutional guarantees. Because we were building a republic.

Tiwari: The constitution of india in addition to being being a politico-legal compact, also served as a national security instrumentality in terms of unifying the periphery of India to the interland.

Adv Manish Tiwari (appearing for intervenor): The underlying principle of autonomy under Article 370 and Article 371 is more or less the same. So therefore, what your lordships will hold in this matter, will have implications on Article 371.

Senior Advocate Guruswamy concludes her arguments.

Guruswamy: Prior to the impugned actions, Ladakh had 4 MLAs and two MSCs. The Ladakh Autonomous Hills Development Council Act provided for the hills development councils. That has been rendered null.

Guruswamy: Article 169 provides mechanism of evolution of legislative council.

Guruswamy: There was a reason this was done- to recognise the state, to bring diversity within the state...There was an understanding that there would be regional representation to hold the three regions together- Jammu, Kashmir, and Ladakh.

Guruswamy: The idea of A 171 is not to provide for representation by regions. But only to have specialists.

Guruswamy: Section 47 and 50 provide for composition of legislative assembly. The composition speaks to unique, regional body of J&K. That unique, regional body was only prescribed to J&K.

Guruswamy refers to Article 171 of the Indian Constitution.

Guruswamy refers to Sections 46, 47, and 50 of the Constitution of J&K.