The Supreme Court of India witnessed another day of intense arguments as the hearing on Article 370 entered its 14th day. Senior advocates presented their perspectives before the Constitution Bench, and key points were debated in the courtroom.
Senior Advocate Rakesh Dwivedi, in his submission, emphasized that the abrogation of Article 370 was not merely an executive decision but was thoroughly discussed and approved by the entirety of the Parliament, including Members of Parliament (MPs) representing Jammu and Kashmir. He underscored that unlike the Constituent Assembly of India, the Jammu and Kashmir Constituent Assembly operated with limited powers and adhered to the Indian Constitution, making it akin to the concept of devolution of powers.
Dwivedi pointed out historical documents, such as the minutes of meetings of the Indian Cabinet and the Mountbatten papers, to demonstrate that the moment the accession was finalized, Jammu and Kashmir became an integral part of India. He also addressed the argument of residual sovereignty, stating that if any sovereignty remained after the Instrument of Accession was signed, it was a potent concept.
Solicitor General Tushar Mehta, representing the Union government, assured the court that the Union Territory status of Jammu and Kashmir was temporary and that the region was ready for elections. Mehta presented statistics indicating significant reductions in terrorism, infiltration, stone-pelting, and security personnel casualties post-abrogation of Article 370.
However, Senior Advocate Kapil Sibal, appearing for the petitioners, opposed the statistics provided by the Centre, highlighting differences in the perception of normalcy in the region.
Chief Justice of India (CJI) D.Y. Chandrachud clarified that the case would be decided based solely on constitutional arguments rather than statistics.
The hearing also touched on the recommendation power of the Constituent Assembly, with V. Giri, Senior Advocate for the All India Kashmiri Samaj, arguing that this power was co-terminus with the life of the Constituent Assembly itself.
The day concluded with Dwivedi asserting that the power to amend the Constitution, whether held by the Parliament or the President, was of a constituent nature and not akin to an ordinance-making power. He clarified that the proviso to Article 370(3) did not imply that if the Jammu and Kashmir Constituent Assembly lapsed, the constituent power also lapsed.
The arguments have now concluded for the day, and the hearing is set to resume on September 4, 2023. The case, which challenges the abrogation of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, was referred to a Constitution Bench in 2019.
Here’s a detailed account of the Article 370 hearing on Day 14:
SEPTEMBER 01, 2023 10:47 – The Bench has convened. The hearing has begun.
SEPTEMBER 01, 2023 10:50 – Senior Advocate Rakesh Dwivedi begins his arguments.
SEPTEMBER 01, 2023 10:58 – Dwivedi submits that the power which enables the amendment of the Constitution is of a constituent nature.
SEPTEMBER 01, 2023 11:01 – Dwivedi contends that the word ‘recommendation’ under Article 370(3) implies that the assent of the Constituent Assembly was not necessary to abrogate Article 370.
SEPTEMBER 01, 2023 11:13 – Dwivedi points out that the whole Parliament was taken into confidence during the abrogation, including Kashmir MPs.
SEPTEMBER 01, 2023 11:18 – Dwivedi discusses the concept of remaining sovereignty and bilateralism.
SEPTEMBER 01, 2023 11:32 – Dwivedi explains that the J&K Constituent Assembly did not enjoy the same freedom as the Constituent Assembly of India.
SEPTEMBER 01, 2023 11:40 – Dwivedi outlines the powers of the J&K Constituent Assembly.
SEPTEMBER 01, 2023 12:06 – Dwivedi argues that the moment the accession was finalized, J&K became an integral part of India.
SEPTEMBER 01, 2023 12:14 – Dwivedi takes the bench through historical documents, including minutes of meetings and the Mountbatten papers.
SEPTEMBER 01, 2023 12:34 – Senior Advocate Rakesh Dwivedi concludes his submissions.
SEPTEMBER 01, 2023 12:36 – Senior Advocate V Giri commences his arguments on behalf of an applicant.
SEPTEMBER 01, 2023 12:57 – Giri discusses that the recommendation power of the Constituent Assembly was intended to be co-terminus with the life of the Constituent Assembly.
SEPTEMBER 01, 2023 12:58 – Arguments have concluded for the day. The hearing will resume on Monday, September 4, 2023.
This comprehensive timeline provides a step-by-step overview of the proceedings in the Supreme Court on September 1, 2023, during the Article 370 hearing.
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