Article 370 Hearing : Live Updates From Supreme Court [Day 7]

The bench rises for the day. Arguments to continue on Tuesday (22.08.2023)

CJI: We would like to conclude this side's submission by Tuesday. Because frankly we have so much information from this side...

Dwivedi: The other states not only acceded before 15th August, 1947, they signed as a precondition that they'll sign the standstill agreements also which covers the matters of local concerns. After that, they acceded to UOI.

Dwivedi: IoA would not amount to surrender of sovereignty unless there is a merger agreement as happened in case of other states.

Dwivedi: So people of the state will now only have one legislature both for local and the national issues. Their right to be governed under a dual polity goes for a toss.

Dwivedi: This is a case where the level of autonomy is stupendously raised. Nevertheless, it is a part of federal structure. But by reducing the state into UT, we're bring it under 246(4)

Dwivedi: This results in the destruction of dual polity and demolition of the federal structure. And noone can say that J&K didn't satisfy the requirement of federal structure.

Dwivedi: Because there has to be "dual polity". Dual polity is that where for local issues, it is local politics and for larger issues, it is the parliament.

Dwivedi: Though UTs are part of territory of India as per Art 1, as far as federal structure is concerned, UTs are not a part of the federal structure.

Dwivedi: Art 1 says that India is a union of states and refers to Schedule I. Please see the schedule. It specifies the states in Articles 1 and 4.