[Live Updates From Supreme Court] Kashmir -Article 370 Hearing

Here, it is a travesty. The Governor giving concurrence to such a decision is basically the Union giving concurrence to itself! : Ramachandran

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This has never been seen before. Punjab and Haryana were created, but other than this, states have never been reorganised during the application of President’s Rule. : Ramachandran

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Art. 368 provides the amending power to the Parliament, but this can only be exercised by way of a procedure laid down in the Article and not by way of ordinary legislation. : Ramachandran

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J. Ramana - What is the relevance of this ?

RR - President’s Rule allows the Parliament to exercise only those powers which are available with the Legislature of J&K. They cannot go beyond that scope.

Now, Art. 357(2) - When Proclamation ceases to operate, laws made by the Parliament can be repealed. Therefore, the process is reversible : Ramachandran

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Now reading out Art. 356 which deals with declaration of Emergency by the President on recommendation by the Governor.

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This power is only with the Constituent Assembly of the State. The Parliament cannot arrogate to itself more powers during President’s Rule than what the State Legislature has.: Sr Adv Ramachandran

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In other words, the legislature of J&K cannot amend the relationship between J&K and India which includes Art. 370 of Consti of India.: Sr Adv Ramachandran

Art 4 states that the the Legislative Assembly of J&K has the executive and legislative power over all matters except those over which the Parliament of India has powers stipulated under the Consti of India : Sr Adv Ramachandran

Article 147 of the J&K Constitution states that Articles 3 and 5 cannot amended with a Bill that has been introduced in the State Legislative Assembly : Sr Adv Ramachandran