Article 370 was there when we became ‘Republic’, says Sibal
Posted on August 2, 2023 By Asian Mail Latest News, Multimedia, Top Stories
Monitoring Desk
The Supreme Court began hearing from today petitions challenging the scrapping of Article 370 that granted special status to the erstwhile state of Jammu and Kashmir. A five-judge Constitution Bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant will hear the pleas on a day-to-day basis except Mondays and Fridays. The petitions challenge a presidential order from August 5, 2019, which abrogated Article 370.
Argument stating Article 370 was temporary, is wrong: Sibal
Justice Khanna says the IoA, the schedule which is shown, was far more restricted. These are more elaborate. They don’t correspond.
Sibal: Correspond in the sense that they relate to defence. The population of the state shall be deemed to be 44 lakhs. But at this moment, it is about 14 million. Jammu and Kashmir is a unit of the Indian Union and this is not disputed at all, Sibal says.
When we became a Republic, Article 370 was there and the constituent assembly only came into existence in 1951.
So the argument that Article 370 was temporary, is wrong, says Sibal
Sibal reads from Maharaja Hari Singh’s proclamation
Sibal reads from Maharaja Hari Singh’s proclamation of 5th March 1948 under which a popular interim government was established in Jammu and Kashmir.
Sibal cites the first constitutional application of the Jammu and Kashmir order.
Sibal reads the proclamation in court
Sibal tells the court that the subject of the State was with reference to those residing in the State, those who had come to the State, those who were in Pakistan and returned.
Sibal is now reading the proclamation.
CJI speaks on resolution passed by Constituent Assembly
The CJI says the resolution passed by the Constituent Assembly initially contemplated that residuary power would be with the State.
It was between the time that the resolution and the eventual adoption of the constitution that the residuary power came to the Centre. Do these subjects correspond specifically to certain entries on the Government of India Act? CJI asks.
Orders in tune with Constitution: Sibal
Kapil Sibal tells the court that there is no friction whatsoever between the Constitution Orders promulgated from time to time polishing the relationship between the State of Jammu and Kashmir and the Union. The Orders were in tune with the Constitution.
Sibal reads Instrument of Accession and Maharaja Hari Singh’s letter to Lord Mountbatten on the event of Pakistan’s invasion of J&K in 1947.
No Parliament can’t convert itself into a Constituent Assembly: Sibal
Senior advocate Kapil Sibal told the Supreme Court that Parliament cannot say by a resolution on the abrogation of Article 370 that “we are the Constituent Assembly”.
“As a matter of law, they cannot (do that). They must adhere to the basic features of the Constitution. They can’t suspend, except in emergencies, external invasions- the fundamental rights of people,” he said.
“No Parliament can convert itself into a Constituent Assembly. And if you accept that proposition, it has enormous consequences for the future of my country,” he further said.
No reason why Article 370 was taken away: Kapil Sibal in Supreme Court
During the Article 370 hearing in the Supreme Court, senior advocate Kapil Sibal said the integration of Jammu and Kashmir into India is, was and always has been “unquestionable”, and stated that there “was no reason” to strip the special status to the erstwhile state.
“The reason why I say that the Constitution of India was applicable to J&K is that over time, there were several orders issued which were incorporated into the Constitution – the result was that most powers were in tandem with the constitution of India,” he said.
“Despite that, the whole structure was changed. There was no reason to take Article 370 away,” he added.
Sibal is reading out the history in the Supreme Court as to how Article 370 was introduced.
We need to go into history: Kapil Sibal at Article 370 hearing
During the hearing on pleas challenging Article 370 scrapping, senior advocate Kapil Sibal said, “This is an important case and needs a detailed hearing. We have to go into history.”
He said, “This is a historic moment in many ways. First, your lordships will analyse why history was crossed out. Whether the procedure established by Parliament was consistent with what democracy stands for. Whether the will of people of J&K can be silenced and whether the governor of a state decided that I will keep the assembly under suspended animation.”
Hearing of pleas challenging Article 370 abrogation begins
The Supreme Court has started hearing a batch of pleas challenging the abrogation of Article 370 that granted special status to the then state of Jammu and Kashmir.
A batch of 23 petitions will be heard challenging the scrapping of Article 370.
Some pleas have also been filed challenging the bifurcation of Jammu and Kashmir into two Union Territories (UTs) — Jammu & Kashmir, and Ladakh.
Senior advocate Kapil Sibal will begin arguments in today’s hearing.
Hopeful of getting justice, says Omar Abdullah ahead of Article 370 hearing
Ahead of the Supreme Court’s hearing on a batch of pleas challenging the abrogation of Article 370 in Jammu and Kashmir, National Conference (NC) leader Omar Abdullah said the party was hopeful that justice would be served.
Omar Abdullah is in Delhi for the hearing.
“We are here on behalf of the people of J&K with the hope that we can prove that what happened on August 5, 2019, was unconstitutional and illegal,” he told news agency ANI.
Explained: Supreme Court to hear batch of pleas challenging Article 370 abrogation
The Supreme Court will on Tuesday hear a batch of petitions challenging the abrogation of Article 370 that granted special status to the erstwhile state of Jammu and Kashmir. A five-judge Constitution bench headed by Chief Justice DY Chandrachud will conduct the day-to-day hearing from Wednesday.
The petitions challenge a presidential order from August 5, 2019, the day when the government abrogated Article 370 in Jammu and Kashmir.
Courtesy: India Today