CJI: Or did that require something more- a parliamentary intervention to convert that into a permanent provision?
Sibal: Let's assume it is amendable? How will it be amended? The constitution must provide a solution.
CJI: We accept that for the purpose of hypothesis. The difficulty is this- assuming that that was why it was placed in Part XXI as temporary- is that submission itself enough to convert 370 into an unamendable and untouchable provision?
CJI: Two ways that we can deal with this- one, though placed in Part XXI, Art 370 was never intended to be temporary; two, though temporary, the reason it was placed in Part XXI was pending the decision of Constituent Assembly of J&K.
Sibal: GOI never expressed a contrary opinion throughout.
CJI: But didn't it have to take place through amendment to Constitution itself? Through changing nature of Art 370?
Sibal: No
CJI: This begs one question - could 370 which was envisaged as a temporary provision be converted into a permanent provision merely by proceedings of J&K assembly? Or was there an act required by the Indian Constitution - either in form of constitutional amendment or so.
CJI: So your argument would be that proceedings of Constituent Assembly would indicate a reaffirmation of the arrangement under Art 370 as a long term arrangement.
Sibal: Yes.
Sibal: Between 1951-57 they could have determined or terminated the essence of Art 370 and said that we don't need this and we want to be a part of India like other states.
CJI: On the proviso to clause (3) of 370. Is there something that happened ultimately in the Constituent Assembly which sheds light on which way the Constituent Assembly was inclined to go?
Sibal: It is a political act. Whether it's a permanent or temporary feature is not an issue. Because maybe there is a constitutional way of doing this. I'm not addressing that, nor are they resorting to that.
Sibal: Can the Union of India in this manner terminate a relationship recognised in Constitution of India?