Article 370 Case Hearing : Live Updates From Supreme Court

Sibal: That's according to me the core of the issue. Allow me to read the Instrument of Accession now.

Sibal: That is one of the most salient and core issues to be decided. Because parliament converting and saying that we declare legislature as the Constituent Assembly - where does the parliament get that power? How? Under what provision? Not under 356.

Sibal: The executive can't do things contrary to the law. And the judiciary declares the law. But no parliament can convert itself into a Constituent Assembly. And if you accept that proposition, it has enormous consequences for the future of my country.

Sibal: They must adhere to the basic features of the Constitution. They can't suspend except in emergencies, external invasions- the fundamental rights of people. That's also limited by provisions of Constitution.

Sibal: Today, the Indian parliament cannot say by a resolution that we are the Constituent Assembly. As a matter of law they cannot. Because they're now confined by the provisions of the Constitution.

Sibal: Once the constitution is drafted- once it comes in place- all institutions under the Constitution are governed by the Constitution. Though the institutions are limited in the exercise of their powers- parliament cannot convert itself into a constituent assembly.

Sibal: So the exercise of a Constituent Assembly is a political exercise. The drafting of a constitution, which is a political document, is a political exercise.

Sibal: The Constitution takes into account their separate aspirations. In the context of that the constitution is drafted- to meet the aspirations in the future.

Sibal: It's a political exercise to take into account the aspirations of people- what kind of state the people want? And in that context, draft the constitution. The constitution itself is a political document.

Sibal (reading from the list): Your lordships will have to determine what does the "constituent assembly" stands for? A constituent assembly stands for the enacting a Constitution for the future of the territories. It's a political exercise, not a legal exercise.