Article 370 Can Never Be Abrogated, Kapil Sibal Argues In SC

The Constitution Bench of the Supreme Court on Wednesday (2 August) began hearing a batch of petitions challenging the dilution of Article370 of the Constitution which stripped the erstwhile State of Jammu and Kashmir of its special status.

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 is hearing the pleas on a day-to-day basis except Mondays and Fridays.

Appearing for the petitioners, Senior advocate Kapil Sibal argued before the bench that it was not possible for even an elected Legislative Assembly in J&K to abrogate article 370.

Sibal contended that after the "Constituent Assembly" was dissolved in 1950s, Article 370 ceased to exist as a temporary article and became a permanent one.

"If you want to abrogate 370, you have to get recommendation of Constituent Assembly," Sibal said.

"So long as it exists," CJI Chandrachud noted.

"This is the point. Constituent Assembly has served its term once it has framed Constitution," Sibal said.

"In which case, 370 which is a transitional provision, assumes the character of permanent provision? By virtue of the fact that there is no Constituent Assembly?," CJI asked.

"Absolutely," Sibal replied to the query by CJI Chandrachud.

When asked by Justice Kaul that if the clause 3 of the Article 370 became redundant after 1957, Sibal replied,"Constituent Assembly even in the context of Constitution of India is redundant".

"So if Article 370(3) goes then that means that Article 370 can never be abrogated," Justice Surya Kant asked.

"Yes! That's the whole point. That's our case," Sibal replied, reports Livelaw.

"So if an elected assembly wants to abrogate article 370 then also it is not possible?" Justice Kaul asked, to which Sibal responded, "Not possible!".