Article 370 Case : Live Updates From Supreme Court [Day 2]

Sibal: Ratification is of the state so there are two authorities - one parliament passing the law and then the state authority ratifying it. You can't take over both. It's like clapping by one hand.

CJI DY Chandrachud: Can a ratification be done under 356? In relation to that particular state legislature?

Sibal: No, because he's exercising as state legislature.

Sibal: The question is what is the power under 356. The quintessential object of 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 356 for its decimation.

CJI DY Chandrachud: What's the frame of the challenge?

CJI DY Chandrachud: Of course this has the optics about the way it was done. But there is no challenge to anything that was done.

Sibal: This is an amazing piece of handiwork. This is a mosaic of illegalities.

Sibal: 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.

Sibal: On 19th Dec, the proclamation of governor's rule expires. A proclamation under 356 promulgating President's rule is issued. See the proclamation.

Sibal: This is a pure political act. The governor & government were acting in tandem. They wanted to get rid of 370. Why would governor on 20th June, after withdrawal of support on 19th June suspend the assembly? Not allow any political affiliation so a new govt could be formed.

Sibal: The governor cannot dissolve the legislative assembly without the council of ministers. 36, 38, and 92 are his only powers. He has already suspended the council of ministers.