[Article 370] [Day-2] Concurrence Cannot Be From The Governor Who Doesn't Have The Aid And Advice of Council of Ministers: Raju Ramachandran

On the Second Day of hearing of petitions challenging abrogation of Article 370 of the Constitution of India, Senior Advocate Raju Ramachandran continued his submissions before the Constitution Bench. "Even if the Presidential Proclamation passes the threshold test of an extra-ordinary situation in the state, the exercise of power by the Parliament subsequently or by the governor to. "Even if the Presidential Proclamation passes the threshold test of an extra-ordinary situation in the state, the exercise of power by the Parliament subsequently or by the governor to give concurrence for a constitutional change under 370 stands out.the purpose of President's Rule is only to remedy that situation, not to lead to an irreversible change", said Raju Ramachandran for petitioner-activist Shehla Rashid. "Whatever the power of the governor otherwise, the power of concurrence on a constitutional change cannot be part of any capacity of the governor who doesn't have the aid and advice of the Council of Ministers", responded Mr. Ramachandran. He cited former Chief Justice A. S. Anand on the nature of Article 370- "The temporary nature arises merely because the power to finalise the constitutional relationship between the state and the Union of India had been specifically vested in the Jammu and Kashmir Constituent Assembly".