Governor and Union Government Acted in Tandem to Abrogate Article 370: Senior Advocate Kapil Sibal Tells Supreme Court [Day 2]

In today's proceedings on the dilution of Article 370, Senior Advocate Kapil, appearing for NCP MP Mohammad Akbar Lone, argued that the Governor of the erstwhile State of Jammu and Kashmir and the Union Government acted in tandem to get rid of Article 370. He stated that the abrogation of the article was a purely political act carried de hors the Constitution. 

The Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant was hearing the arguments. A detailed report on today's hearings can be found here.

Sibal shed light on the sequence of events leading to the abrogation emphasising that on June 19, 2018, the Bharatiya Janata Party (BJP) withdrew its support to the Coalition Government of Jammu and Kashmir. Within a day of this, on June 20 2018, the Governor exercised the power conferred to him under Section 92 of the Constitution of Jammu and Kashmir and declared the 'Governor's Rule' in the State and assumed the functions of the Government and Legislature of the State. Sibal added that as per Section 92(3), such a Proclamation of the Governor could only remain valid for a period of 6 months. Thus, the Governor's Rule in the state was to end in December 19, 2018. However, the Governor, under Section 53(2) of the Constitution of Jammu and Kashmir, dissolved the Legislative Assembly of the State on November 21, 2018. Explaining the events, Sibal said–

"According to the PDP, they sent a fax to Srinagar, that they're in support of the NCP and they're willing to form the government. The governor says he never received the fax because he was in Jammu and the fax was sent to Srinagar. So on the November 21, 2018, the governor dissolved it (the state legislative assembly)."

Critiquing the Governor's actions, Sibal asserted– 

"The governor cannot dissolve the legislative assembly without the council of ministers...He has already suspended the council of ministers. This is a pure political act. The governor and the government were acting in tandem. They wanted to get rid of 370. Why would the governor on 20th June, after withdrawal of support on 19th June, suspend the assembly and not allow any political affiliation to form so that a new government could be formed?"

Referring to the issuance of proclamation under Article 356 promulgating President's Rule in the State of Jammu and Kashmir, which was issued on December 19, 2018, Sibal then said–

"There is no council of ministers, no government in place. But he sends a report that government of the state cannot be carried out. There are no negotiations, no communication. This is an amazing piece of handiwork. This is a mosaic of illegalities."

Questioning the legality of the President's rule, Sibal also said–

"The question is what is the power under Article 356? The quintessential object of Article 356 is to restore democracy. You take over because a government cannot run...for a temporary period, for the restoration of democracy. You don't use Article 356 for its decimation."

Sibal added–

"You can't introduce a bill in parliament at 11 o' clock, pass a resolution without anyone knowing about it...It sort of fits into the argument that this was a political process, carried through constitutional means."

To this, Justice Kaul responded–

"Everything is a political process Mr Sibal, the question is if it fits in the constitution."

Also Read : Explainer On Article 370 Case In Supreme Court : Issues & Arguments Regarding J&K Special Status Abrogation