Sibal: It is temporary till such time as the Constituent Assembly desires this way or that way. When the constitution came to force, there was nothing such as a constituent assembly. How did the constitution add this here?
Sibal: You can't incorporate concepts outside of 370 and integrate them into 370 and say this is how we will read 370. 370 is not temporary.
CJI DY Chandrachud: Why did the constitution put it in Part XXI?
Sibal: Because it's separate. It relates to a particular state where two sovereigns have come together and made a compact which is incorporated...
CJI DY Chandrachud: So can we then say that power under clause (3) goes once Constituent Assembly comes to an end? Convert this to a permanent provision even though it was not intended to be?
CJI DY Chandrachud: So Part XXI basically covers special, temporary, and transitional provisions. It doesn't use "transitional" in any headnote or marginal note. But "temporary" and "special" are used in marginal notes. 370 specifically says temporary.
CJI DY Chandrachud: Then we continue to 372 which says "shall continue until altered by competent legislature." Like the penal code.
CJI DY Chandrachud: Transitional means something which necessarily has a terminus. Third is special. Say 371- special provision for Maharashtra & Gujarat, then for Nagaland, Assam, Mizoram etc
CJI DY Chandrachud: All these provisions are in Part XXI. Part XXI has three expressions- temporary, transitional, and special. Temporary are those which are intended to be in existence for limited time without a point of terminus.
CJI DY Chandrachud: Once the constituent assembly has fullfilled its purpose, the proviso itself has no application.
Sibal: The problem there is that then you're applying 3 without the proviso. Then it is blanket power.
CJI DY Chandrachud: Constituent Assembly is not a permanent body like the parliament or Supreme Court. It's a body which has a specific purpose and after it is done then it becomes functus officio.