Sibal: When did you dissolve the assembly? 21st November 2018. And we are where? In August 2023. Was that meant to be under 356?
Sibal: In normal circumstances, dissolution wouldn't happen. First, assembly would be suspended. Attempts would be made to form a govt. In the meantime you exercise president rule. When you realise it's not possible at all, it's then you dissolve assembly and call for elections.
Sibal: 356 is not meant for this purpose. Your lordships would have to determine- was this not an excessive use of power? The doctrine of proportionality is relevant in this context and has to be applied.
Sibal: Everything done under 356 is contrary to the basic principles of both federalism and democracy and to the principle of constitutional morality.
Sibal: You give yourself the power of state, legislature. Parliament becomes the spokesperson of the people of J&K. And if you express the wishes of the J&K through parliament when the constitution requires you to take views of the State.
Sibal: Where are the steps for restoration of democracy? In fact, the steps are for the reversal- destruction of democracy. People are not taken into account, their views are not taken into account.
Sibal: That was never the intent. And now in changing the structure of this constitution, in its application to J&K, it has crossed all boundaries.
Sibal: Time and again in the history of this country 356 has been misused...
Sibal: Can a state be downgraded to a Union Territory by Union on its own whim without consultation with the people? Those are the constitutional parameters to be applied on this momentous change bought by exercise of majoritarian power.
Sibal: Can constitutional change happen without consultation with the people of J&K despite an express provision in that regard?