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

Sibal: This is not basic structure. This is a compact between one sovereign and another drafted in our constitution, unlike other states such as Junagadh.

CJI DY Chandrachud: How can you say that the parliament could not have exercised its plenary amending power to abrogate Art 370?

Sibal: We have to find a constitutional procedure through which it has to be done.

Justice Gavai: Suppose the parliament decides to make the entire provisions applicable to J&K, they can under clause (d)?

Sibal: Yes, the residuary power remains with the state. They can do it.

CJI DY Chandrachud: Let's have Mr Sibal argue. We're following a certain line...

SG Mehta: Mr Sibal also knows the law, that's why he didn't jump to answer.

Sr Adv Gopal: The assimilation should follow the correct procedure. 370(1) procedure is still available.

Justice Kaul: So 370(1) according to you can say that each and every provision of Constitution should apply to J&K.

Sr Adv Gopal: Yes, ofcourse!

Justice Kaul: Then what remains in 370 after that?

Sr Adv Gopal: If 370(3) goes and is not brought into service, 370(1) can now be used continuing with the govt of Kashmir, giving its consent, and the entirety of Constitution can be made applicable to Kashmir still.

CJI DY Chandrachud: So we're creating a new category apart from basic structure. And 370 belongs to that?

Sibal: It's not a new category. It's a category that exists

CJI DY Chandrachud: Can parliament not have amended the constitution exercising the 368 power to abrogate 370? You're saying that there is a provision of the constitution which lies even beyond the amending powers of the constitution.