Sibal (refers to Dr Ambedkar's statement): "The constituent assembly in making the constitution has no partisan intent." As a legislature, your intent may be partisan, but as a constituent assembly, it can't be partisan.
Sibal: I was reading Keshavananda Bharati. They talk of the marginal note as I was reading.
The bench reassembles.
The bench rises for lunch. Hearings to resume at 2 pm.
CJI DY Chandrachud: Assuming that the legislative assembly had not dissolved, that could have exercised the power of constituent assembly. Now that it has dissolved, parliament said they can exercise...
CJI DY Chandrachud: They applied the proviso to clause (3) of Art 370. And then they say that the parliament exercised the power of constituent assembly by virtue of fact that the legislative assembly had dissolved.
Sibal: So they said we can do anything now. And they recommended to themselves. So instead of clapping by two hands, they clapped by one hand...Unique, unheard of! The procedure is unknown to law.
Sibal: They converted the legislative assembly into constituent assembly. Then they said that because of 356 now the parliament is exercising that power. So the parliament is a legislature. And because legislature is now constituent assembly, we're now the constituent assembly.
Sibal: 370 had to be temporary because there was no other way to deal with it.
CJI DY Chandrachud: There's no doubt about the fact that it still forms part of Part XXI of the Constitution which is for temporary provisions.
Sibal: Coming back to Article 368. The article doesn't give express power to amend, it implies it.