A Constitution Bench will resume hearing today the batch of petitions challenging the dilution of Article370 of the Constitution which took away the special status of Jammu and Kashmir.In yesterday's proceedings, Sr Adv Kapil Sibal argued that Article 370 could not be abrogated as J&K Constituent Assembly never recommended it before its dissolution. The bench also discussed the...
A Constitution Bench will resume hearing today the batch of petitions challenging the dilution of Article370 of the Constitution which took away the special status of Jammu and Kashmir.
In yesterday's proceedings, Sr Adv Kapil Sibal argued that Article 370 could not be abrogated as J&K Constituent Assembly never recommended it before its dissolution. The bench also discussed the 'temporary' nature of the provision.
A bench comprising Chief Justice of India DY Chandrachud, Justices SK Kaul, Sanjiv Khanna, BR Gavai and Surya Kant is hearing the matter.
Live updates from the hearing can be tracked here :
The bench has risen for the day. The hearing will resume on Tuesday (August 8).
Sibal: So you give yourself consent. The people who gave themselves this constitution are left out of the process. This is essentially a break down of the constitutional structure.
Sibal: So you lose the link between the centre and the state altogether. You absorb the powers of the state with yourself as the executive, as well as the parliament and the legislature. And you decide without reference to any other institution.
Sibal: When all states were getting integrated in the Union, they didn't need consent. But since J&K was not integrated...
Sibal: The views of the people were to be taken.
Sibal: It was through a presidential notification- after taking the consent- concurrence or consultation. That's how it's made applicable.
Justice Surya Kant: What was the procedure followed in passing the Constitution orders?
Sibal: All passed with concurrence.
Justice Kant: But what was the procedure? Was it through the parliament? Or by president?
The discussion shifts to the conversion of J&K into Union Territory.
CJI DY Chandrachud: So far J&K consent is needed and for other states only views are needed to introduce the bill.
Sibal: It's clear you can't even introduce the bill. Here, by 356 you have done away with it!
Sibal: You can't even introduce the bill, forget about anything else!