Sibal: That's the point. President can't issue such a notification.
Justice Gavai: According to you, after 1957 it can't be done at all?
Sibal: No...
Justice Gavai: It's temporary...
CJI: No but equally, the proviso to clause (3) refers to the recommendation of Constituent Assembly of the State...the only safeguard is that before President does so, recommendation of Constituent Assembly is required. What happens when Constituent Assembly ceases to exist?
CJI DY Chandrachud: What happens when the constituent assembly comes to an end? No constituent assembly can have an indefinite life.
Sibal: That's precisely the point. The Constituent Assembly can't have a life after Constitution is framed.
Sibal: In between 1951-57, the Constituent Assembly would take that decision.
CJI DY Chandrachud: Thereafter?
Sibal: Thereafter there is no question.
CJI DY Chandrachud: But how long would the tenure of the Constituent Assembly of the State be...
Sibal: 1951-57.
CJI DY Chandrachud: So therefore, with the end of the 7 years, the very institution of constituent assembly lapses. Then what happens to the proviso?
Sibal: So you had to have the recommendation of constituent assembly before you could efface 370. That's what the Constitution makers themselves thought in 1950. And that operated till 6th August. How could it change?
Sibal: The items communication, defence, foreign affairs - in consultation; for all other matters, concurrence.
Sibal: "Provisions for Article 238 shall not apply to J&K" - it couldn't apply. J&K didn't fall in that category.
Sibal: Which is why 370 was called a "temporary provision", not for any other reason. This whole argument that it was temporary - no! It was temporary because between 1951...
Sibal: Which is why 370 was called a "temporary provision", not for any other reason. This whole argument that it was temporary - no! It was temporary because between 1951...