Article 370 Case : Live Updates From Supreme Court Hearing [Day 3]

Update: 2023-08-08 04:58 GMT
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Live Updates - Page 2
2023-08-08 10:24 GMT

CJI: Can we do that textually?

Sibal: No

2023-08-08 10:24 GMT

Sibal: Can you tomorrow argue that Madhya Pradesh or Bihar could be a Union Territory? If you can do it to one, you can do it to all. You can have a president's rule, create all States into UTs.

2023-08-08 10:23 GMT

Sibal: You cannot convert a state into UT. That's contrary to all principles of representative form of government. It doesn't allow extinguishing of a State.

2023-08-08 10:21 GMT

Sibal: If you substitute the word UT wherever the word "state" in this Article, it doesn't make any sense.

2023-08-08 10:17 GMT

Sibal: Damnoo is not for the proposition that you can amend 370. That's what the government has tried to say.

2023-08-08 10:06 GMT

Sibal: As long as the exceptions or modifications are made with the concurrence or consultation, depending on the IoA or the concurrent list matter, there is no issue.

2023-08-08 10:02 GMT

Sibal (reading a Constitution Bench Judgement): "...this makes it clear that the Constituent Assembly of the State did not desire for this article to cease to operate..."

2023-08-08 09:30 GMT

Sibal takes the bench through a few judgements.

2023-08-08 09:18 GMT

Sibal: Then the governor imposed 356, took over powers. Ultimately, you are a delegate. 356 delegates you the power of legislature. You're not an omnipresent omnipotent authority to do what you like. You're a delegate.

Sibal: What the primary institution cannot do, the delegate cannot do.

2023-08-08 09:17 GMT

Sibal: So see what they did - they knew that the council of ministers would never advice the governor to dissolve. So he dissolved it on his own.

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