TSF/system observer
CJI: You want judicial review to assess the intention of the government to abrogate article 370? Judicial review will be for the constitutional violation.
There is no doubt that if there is such violation this court will intervene. But are you asking us to use judicially review the wisdom underlying the decision to abrogate.
Advocate Dave: I am on the fraud committed on the Constitution.
The parliamentary exercise of power in this case was a complete case of colourable exercise of power and this was only done because assembly of J&K was dissolved and thus parliament had the power and the President had the power under Article 356.
You cannot re-write history especially a constitutional history. There is no power to abrogate Article 370 under 370(3). The exercise of abrogation is a complete fraud on the constitution.
In the BJP manifesto, they had promised abrogation.
And this court had ruled that these manifestos cannot be against constitutional scheme and spirit.
Now because you have majority in parliament, you have done this and it is all because you told people to vote for you and you will abrogate it.
This shows power exercised for colourable considerations.
President is not a rubber stamp.. majority does not speak..it is not a constituent power.
