Justice Kaul: Your submission is that Art 370 has acquired a permanent feature. That is debatable. Next is that suppose it's not permanent, what is the manner of abrogating it? Is that procedure followed?
Sibal: Yes.
Justice Kaul: Every order extended different parts of the Constitution to J&K. It may be provision wise or part wise- but it keeps extending.
Sibal: That's right. That's the only submission.
CJI DY Chandrachud: What about those parts which are not specified?
Sr Adv Gopal Sankarnarayanan: Part III didn't apply till 1954, preamble didn't apply till 1954- that's how they proceeded.
CJI DY Chandrachud: If the entirety of clause 16 was not to apply to J&K, what is the reason for saying that only clause 16(3) will apply subject to these modifications?
Sibal: Other clauses came into the J&K constitution later.
CJI DY Chandrachud: My learned brother may be right. I'll tell you...the word "only" which we found in the 1950 order has been deleted from 1954 order.
Justice Khanna: Is 356 excluded in this? Yes, it is. The entire Constitution was made applicable by the 1954 order except to the extent of exclusions.
Justice Khanna: The exception made here is that the entire Constitution is adopted, subject to the modifications made.
Sibal: Yes, other that Art 1 and 3.
Sibal refers to the Constitution Order of 1954 which superseded the 1950 order.
Sibal: Kindly see the first column- all the articles apply. But in that, there are exceptions and modifications. The whole part applies, nobody disputes that.
Sibal: The President can exercise powers under 370 de hors a modification - that's an exercise of plenary power - that's what my lords is putting to me. But this clearly shows that even that exercise is to be done with concurrence.