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

Sibal: Can the constituent power be equated with ordinary power effacing the source of their authority?

Sibal: It is the interaction of the values of constitution of federalism, separation of powers, democracy that has to be taken. Is there a limit to the emergency power? Or is it unlimited? Can emergency be passed to make permanent changes?

Sibal: The power under Art 3 does not extend to effacing a character of a State into a Union Territory.

Sibal: The power under 356 doesn't extend to making non restorative permanent alterations to the State's constitutional status

Sibal: The power under 370(1)(d) does not extend to abrogating 370 by applying those three principles.

Sibal: If you look at it from these principles, and you apply them to Article 3, article 356, Article 370(1)(d)- this is an exercise of an executive power- the answers according to me are evident.

Sibal: It is limited by core constitutional principles and values. Therefore, it must be exercised in accordance.

Sibal: The third is that any power vested by or under the constitution is in essence a limited power. There is no unlimited power vested in any institution or provision of constitution. It is limited at the point in time when it is exercised.

Sibal: That will ensure the smooth and harmonious functioning of the Constitution.

Sibal: An interpretation that is more consistent with our constitutional values, namely, representative democracy, federalism, and constitutional morality should be preferred.