Justice Kaul: Can the Constitution of J&K give permanency to Art 370 of Constitution of India?
Sibal: All we're saying is that the legislative assembly doesn't have the power under 370(3).
Sibal: No, no. 370 was made applicable to the J&K constitution by an application order.
CJI DY Chandrachud: Can the permanency of Article 370 be a consequence which follows from the Constitution of J&K?
Sibal (reading amendment): You cannot amend 370 as it is made applicable. No legislature can even move it...this is what makes it permanent. This is exactly why it is permanent. It had to be temporary because at that time there was no Constituent Assembly.
Sibal: Any such proclamation ceases to operate in six months. The proclamation was issued on 20th June. It was to expire in six months on 19th Dec. And on November 21, he dissolved the assembly, without reference to council of ministers.
Sibal: The importance of this is that he can only dissolve the legislative assembly on the aid and advice of council of ministers. The only exceptions that the governor has are 36,38, and 92. But under 53, he can't do it. Which is what he did.
Sibal: This is important because there was no council of ministers when he did this, which is on Nov 21, 2018.
Sibal: "The governor may from time to time...dissolve the assembly...this he can only do on the aid and advice of council of ministers"- it's not an exception.
Sibal refers to the J&K Constitution.
Sibal: There is a Government Order of 1965 which says that the Sadar-i-riyasat will be in the government.
Justice Khanna: So till 1965 the Maharaja continued?
Sibal: Yes