Two judges being referred to by Sr. Adv. Shah with the citations: 1969 1 SCC 300 and AIR 1962 SC 1288.
ASG Vikramjit Banerjee interjects on the issue of merger agreement.
Justice Kaul to Sr. Adv. Shah: what is your view on this conflict ?
Shah - I don’t see a direct conflict. But, the conflict possibly could be that Certain aspects were not considered. Constitutional provision ended in 1957 and does not continue. But, if this inference is correct, then Sampat Prakash differs.
Kaul J - One can be a perspective you are putting before us. But, unless there is a direct conflict, we cannot refer. Put it in a paper and pen down your thought on this aspect.
Sr Adv Shah continues. So far as governance is concerned, it will continue to vest in the people of the State. It needs to be understood in the context of IOA. For governance, we will continue to have our power to legislate and this will be with our concurrence and consultation.
Whether they can substitute Constituent Assembly with legislative assembly. The power of a CA is unlimited, its roots are in the will of the people. It is beyond challenge. How can they substitute it? : Shah