CJI: We have held modification by CO 272 to article 370 amended 370 and is thus ultra vires to article 370. from precedent including sajjan singh, kihoto hollohan, it emerges that following aspects are essential to see if there is a change to a provision of the constitution.
An assessment whether a constitutional order results in a modification depends on this. CO 272 changes the language to the proviso to 370(3) in a way where constituent assembly is replaced by the legislative assembly and the change is significant.
Interpretative clause cannot be used to bypass the specific route for constitutional amendment. Permitting such amendments by such surreptitious method would be disastrous. We have thus held the constitutional order 273 as ultra vires which led to amendment of article 367.”
