Article 370 Case : Live Updates From Supreme Court Hearing [Day 3]

Sibal reads Mir Kasim's statement of Nov 10, 1952.

Sibal: This is exactly what I've been submitting. A unilateral executive decision cannot change the terms of a relationship which is constitutionally embedded in Art 370.

Sibal: Can you delete provisions of the Constitution by an executive act? Can you decimate the Constitution by an executive act? You cannot change constitution as applicable to J&K by changing Article 3.

Sibal: You cannot change legislative assembly to a constituent assembly by an executive act.

CJI (reading from Sheikh Abdullah's speech): "It is a screen to dupe the common man, so that he may not see clearly that Pakistan is a feudal State in which a clique is trying by these methods to maintain itself in power."

CJI: He (Sheikh Abdullah) then says "...and a big majority of our people being Muslim the State must accede to Pakistan. This claim of being a Muslim state is of course only a camouflage."

CJI: It's very interesting what Sheikh Abdullah says. He says "The most powerful argument which can be advanced in her favour is that Pakistan is a Muslim State..."

Sibal: The people of J&K gave themselves their Constitution just as people of India gave themselves Indian Constitution. Central to all this is the will of the people.

CJI: So India had access to seas and as an economic powerhouse it'd help us to carry out trade through the auspices of India.

CJI: He says that Pakistan is a feudal state and our interest would not be protected in a feudal Pakistan as compared to an India where land reforms were taking place.

Sibal: He then points out how the provision is temporary.

CJI: He specifically speaks about the importance of the affiliation with India and accession with India. First he speaks about Indian Constitution. Then he refers to land reforms which took place.

Sibal: This is how the question of plebiscite came.