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

Sibal: So on the 21 Nov, the next day, the governor dissolved it.

Sibal: According to the PDP, they sent a fax to Srinagar, that they're in support of the NCP and they're willing to form the government. The governor says he never received the fax because he was in Jammu and the fax was sent to Srinagar.

Sibal: The council of ministers was suspended. The governor didn't even wait for a day.

Justice Kaul: That's also a part of the political process.

Sibal: That's precisely what I am saying.

Sibal: It sort of fits into the argument that this was a political process, carried through constitutional means.

Justice Kaul: Everything is a political process Mr Sibal, the question is if it fits in the constitution.

Sibal: You can't introduce a bill in parliament at 11 o' clock, pass a resolution without anyone knowing about it...

CJI DY Chandrachud: According to you this could only be done on recommendation of Constituent Assembly. Absent that, they cannot exercise the power.

Sibal: That's number one, number two is that they also believe that it could be done only through constituent assembly.

Sibal: I understand that at some stage or another, this had to be done. But then it must follow the constitutional way to be doing it.

Justice Gavai: Your argument is that unless the views of the entire population of the state of J& K is taken into consideration, the abrogation can't be done?

Sibal: Yes

Sibal: We're not giving solutions to the other side that you can do it under 370. There's a limited constitutional issue before you- the power and the process. If there are other processes they can follow, that may or may not be valid.

CJI DY Chandrachud: Such a sovereign compact is not capable of being overriden?

Sibal: We're talking about a procedure in terms of 370 which they follow consistent with 370...