Sibal: Kindly have a look at Keshavananda Bharati.
Sibal: Under what provision of law can you change that? You're doing it under Art 356? How?
Sibal: My argument is that the Constituent Assembly had exercised its choice and that is evident from the provisions of the Constitution of J&K itself.
Sibal: We're not amending the constitution of India. We're amending the constitution order applicable to the state of J&K which makes 370 applicable. And that can't even be moved in the house.
Sibal: From the point of view of constituent assembly, it was clear that this relationship was permanent.
Sibal: I'm not disputing that.
CJI DY Chandrachud: In that sense, this is the subordinate instrument.
CJI: Article 147 of the J&K constitution seems to indicate that the provisions of the J&K constitution are to be treated as subordinate to the Indian Constitution. Which is why, no amendment in the relationship between application of Indian constitution to J&K is applicable.
Sibal: That's why there is an interplay between the Constitution of India, the Constitution Orders, the Constitution of J&K, and the Article 370.
Sibal: Legislature cannot exercise powers to amend 370(3).
Sibal: They converted the legislative assembly to the Constituent Assembly. This is what is shocking.
Justice Kaul: On the lighter side, the parliament did it.
Sibal: Yes!