[Article 370] [Day-5] Hearing On Kashmir Petitions [Live-Updates From Supreme Court]

3. Clause 3 comes in after the decisions have been taken. It is ultimately for the Presidential Order that either you say that it doesn’t exist at all or exists with modifications. But, even in this case, the recommendation of the CA s required.

In some of the Articles, concurrence of the State Govt. is provided. But, even for temporary provisions, whatever the CA wants will be binding.

Now, referring to Art. 370:

1. Clause 1(c) refers to how Art. 1 of the Constitution will automatically apply.

Parekh: Will of the people through the instrument of the Constituent Assembly will determine the Constitution of the State as well as sphere of Union jurisdiction over the State. The relationship has to be determined on the basis of the will of the people

Now, talking about the Indian Constitution Constituent Assembly debates Vol. 5: Statement of Sardar Patel. This statement sheds a light on the continuity of the relationship between the Centre and State. A special provision required for the maintenance of the relationship as the State poses a new problem.

He’s being asked to not repeat arguments, but he states that as continuity of thought is important, he will do his best not to do so.

Instrument of Accession being talked about. The ruler of J&K had instituted the same to assert sovereignty.

Bench has assembled. Sr. Adv. Sanjay Parikh has resumed his arguments regarding reference to larger Bench.