Article 370 Case : Live Updates From Supreme Court [Day 15]

Sibal: So far, the proviso has never been interpreted in the fashion that they're seeking to interpret

Justice Khanna: That occassion never arose

CJI: But that's not there in the proviso.

Sibal: It is

CJI: To accept your argument, we will have to read a further condition in the proviso that the recommendation of the Constituent Assembly has to be in the same terms as the action proposed to be taken by the President.

CJI: What is that an indicator of? That whatever is happening there is really the incorporation of what is happening in union of India.

Sibal: I can only say that either we interpret 370(3) in its text and context or find something that is not there.

CJI: Except for the provision for permanent residents - section 6, which finds its mirror image in Art 35A, every other provision was a mirror image of the Indian Constitution.

Sibal: First the recommendation will come, then you'll pass the order. You can't reverse the order.

Sibal: Your lordships aren't here to tell them what the way out of this is. The way out is a political process, or some other process. That's for them to see.

Sibal: Can anyone even think about this? That constituent assembly, drafting the constitution of J&K, saying that they're integral part of India- will say that the day we're not in place, abrogate it because there's a plenary power superior in 370, which is not even there in 370

Sibal: It is the council of ministers that will decide, not the parliament. It was to ensure that there was slow integration of J&K to India through a process that was easy, through a process that allows executives to communicate with each other.

Sibal: It is a limitation on parliament to make laws. It stares you in the face and you're talking about plenary power. Where's the plenary power?