Article 370 Case Hearing : Live Updates From Supreme Court

Sibal: There was this understanding between the GOI and the State that we will have a Constituent assembly which will determine future course of action, determine whether 370 should be abrogated or not. That decision was with Constituent Assembly.

Sibal (reading from theGOI's White Paper): "The effect of this provision is that the State of J&K continues to be a part of India." Noone disputes this.

Sibal: The only thing was that there was a unique structure in place- a constitutional structure.

Sibal: That structure was suddenly done away with. With greatest respect, suddenly in parliament they said we're doing this. Noone knew about this. There was no consultation. The governor of the State and parliament decided to do this one fine morning and tossed it out.

Sibal: Because the powers were extended. It was done with consultation with the State. State was ad idem with the Union. State itself said in its Constitution that we are integrated into India. There was no question.

CJI DY Chandrachud: So were the subjects broadened by the subsequent adaptation orders?

Sibal: Yes, of course my lords. They were broadened. Every state they were broadened.

CJI DY Chandrachud: If you see currency- currency in the Constitution is governed by Entry 36 of List 1 but there is no reference to this Entry in the adaptation order.

Sibal: It'll come later. I'll come to that.

CJI DY Chandrachud: What happened to currency, for instance?

Sibal: Currency was Indian currency.

Sibal: It was a collaborative relationship. There was a constant dialogue going on, which is why most of laws remained applicable. In a sense, they were incorporated separately in the Constitution of India in application to J&K.

Sibal: It is the state which must pass laws. Government of India can't. The issue of repugnancy doesn't apply. So this status is accepted. That's how 370 came into being. And it continued.

Sibal: The provisions of the Constitution, unless made applicable through a presidential order and agreed to by the government, shall not apply. The residuary power vests with the State.