Day 14: In Supreme Court: "Maharaja Hari Singh was still thinking of a national assembly ....who is he to think like this... Kashmir acceded to India"

Day 14 takeaways from the hearing in Supreme Court on abrogation of Article 370.

Rakesh Dwivedi, who appeared for an intervenor in support of the abrogation of Article 370, said: 

: Maharaja Hari Singh was still thinking of a national assembly and was dreaming of plebiscite... who is he to think like this... 

Kashmir had acceded to India .. how can we say that accession was not complete etc.. Dr Karan Singh had however said that they will be governed by the constitution of India.. 

Dwivedi also said, "When Article 1 talks of merger of territory etc it is not off the cuff.. it's a mandate flowing from a statute and all are bound by it." 

"What sovereignty are we talking about? Maharaja Hari Singh agreed to accession when he could no longer safeguard his territory and he was in a sinking ship. 

Explanation makes it clear that Maharaja is not to act on his own but on advice of council of ministers till he is in office and even that Maharaja has to be recognised by the President of India".  

He also asserted: "Let us bury Article 370.. it is the relic of the king who is long gone now.. Article 35A is just super added here.. and referring to IR Coelho.. I submit that it needs to be struck down."

 

Sr Adv VV Giri begins submission for the All India Kashmiri Samaj.

He says : The instrument of accession is dated 27.10.1947... thereafter please see the proclamation issued by Yuvraj Karan Singh. There was no residuary sovereignty retained by the Yuvraj at all. 

"Why is there an argument to make article 370 permanent? To confer any rights? Apparently not. Then what for? What is the entrenchment of right that petitioners are really concerned about ?

It cannot be contended that presidential power under 370(3) cannot be used...

At this point, CJI DY Chandrachud said, ",,,,,the new point on federalism we will hear on Monday"

Hearing to resume on Monday, Sept 4, 2023 ::

During the hearing (Sept 1, 2023),

Dwivedi argued, "...Parliament is not a foreign body. Any issue can be bought before the parliament. Obtaining of recommendation is not foreign to the exercise of power under 370(3)."

He also contended: "The whole of parliament is being taken into confidence instead of an executive action being taken. The voice of the whole country is heard, including members of parliament of Kashmir who are also represented under council of ministers".

In a strange but quite convincing manner, he put forward his says, 

"What is the status of the J&K Constituent Assembly and the Constitution of J&K? There are two contending thoughts, the choice is between these two - we say that source for creation and disappearance of the JKCA and COJK is Art 370 itself." 

Moreover, he contended: 

"The President means council of ministers and the council of ministers means collectively responsible to the parliament. So Article 53 read with 73 and read with 75(3), council of ministers can go to the parliament any time to obtain its views".