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

CJI: Can we do that textually?

Sibal: No

Sibal: Can you tomorrow argue that Madhya Pradesh or Bihar could be a Union Territory? If you can do it to one, you can do it to all. You can have a president's rule, create all States into UTs.

Sibal: You cannot convert a state into UT. That's contrary to all principles of representative form of government. It doesn't allow extinguishing of a State.

Sibal: If you substitute the word UT wherever the word "state" in this Article, it doesn't make any sense.

Sibal: Damnoo is not for the proposition that you can amend 370. That's what the government has tried to say.

Sibal: As long as the exceptions or modifications are made with the concurrence or consultation, depending on the IoA or the concurrent list matter, there is no issue.

Sibal (reading a Constitution Bench Judgement): "...this makes it clear that the Constituent Assembly of the State did not desire for this article to cease to operate..."

Sibal takes the bench through a few judgements.

Sibal: Then the governor imposed 356, took over powers. Ultimately, you are a delegate. 356 delegates you the power of legislature. You're not an omnipresent omnipotent authority to do what you like. You're a delegate.

Sibal: What the primary institution cannot do, the delegate cannot do.

Sibal: So see what they did - they knew that the council of ministers would never advice the governor to dissolve. So he dissolved it on his own.