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

Sibal: Kindly have a look at Keshavananda Bharati.

Sibal: Under what provision of law can you change that? You're doing it under Art 356? How?

Sibal: My argument is that the Constituent Assembly had exercised its choice and that is evident from the provisions of the Constitution of J&K itself.

Sibal: We're not amending the constitution of India. We're amending the constitution order applicable to the state of J&K which makes 370 applicable. And that can't even be moved in the house.

Sibal: From the point of view of constituent assembly, it was clear that this relationship was permanent.

Sibal: I'm not disputing that.

CJI DY Chandrachud: In that sense, this is the subordinate instrument.

CJI: Article 147 of the J&K constitution seems to indicate that the provisions of the J&K constitution are to be treated as subordinate to the Indian Constitution. Which is why, no amendment in the relationship between application of Indian constitution to J&K is applicable.

Sibal: That's why there is an interplay between the Constitution of India, the Constitution Orders, the Constitution of J&K, and the Article 370.

Sibal: Legislature cannot exercise powers to amend 370(3).

Sibal: They converted the legislative assembly to the Constituent Assembly. This is what is shocking.

Justice Kaul: On the lighter side, the parliament did it.

Sibal: Yes!