Sibal: Now see the Instrument of Accession. There are very interesting snippets as to why this happened...it's obvious. 15th August was independence. He didn't accede. All other Maharajas did but he never wanted to. It's only in October this happened

Here is a copy of the IoA-

CJI DY Chandrachud: Actually 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 constitution that the residuary power came to Centre.

CJI DY Chandrachud: These subjects, do they correspond specifically to certain entries on the Government of India Act?

Sibal: Subject of the State was with reference to those residing in the State, those who had come to the State, those who were in Pak and came back.

CJI: Possibly the subjects which the Instrument of Accession recognises in terms of legislative powers of the dominion must cover certain entries in the GOI. These subjects- there would be certain entries in GOI Act...

Sibal: I'll find which parts of GOI Act covers it.

Sibal reads from Maharaja Hari Singh's proclamation of 5th Match 1948 under which a popular interim government was established in J&K.

Sibal: Your lordships may note that no revised instrument of accession was signed by the ruler of J&K. Just note that fact- December 1947 to September 1949.

Sibal (reading from the list of dates): Please see 26th Jan 1950- this is the first Constitution application of J&K order.

Sibal: You'll find defence, naval military, delimitation, arms, atomic energy, preventive detention, foreign affairs, diplomatic relations, UN participation in intl conferences, war & peace, emigration, passports, railways, maritime- all this you will find in first schedule.

Sibal: Now please see Schedule 2. "The population of the State shall deemed to be 44 lakhs". At the moment it is about 14 million my lords.

Sibal: The point that I'm making here is very simple- The government on the day accepted the fact that our relationships with J&K are on a separate footing.

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.

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.

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: That structure was suddenly done away with. With greatest respect, suddenly in parliament they said we're doing this. No one 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.


Oh dard !!! woh din aaj bhi yaad aata hai !!!!!

Badarpur border, Delhi. One of our subscriber sent this video to us

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. Which is why 370 was called a "temporary provision", not for any other reason. This whole argument that it was temporary - no! It was temporary because between 1951...

CJI DY Chandrachud: But how long would the tenure of the Constituent Assembly of the State be...

Sibal: 1951-57.

CJI DY Chandrachud: So therefore, with the end of the 7 years, the very institution of constituent assembly lapses. Then what happens to the proviso?

Sibal: In between 1951-57, the Constituent Assembly would take that decision.

CJI DY Chandrachud: Thereafter?

Sibal: Thereafter there is no question.


😂😂 Yeh kya tha... " No question "❓

CJI is asking 1957 ke baad kaun lega... decision he answering mere ko kya pata...

CJI DY Chandrachud: What happens when the constituent assembly comes to an end? No constituent assembly can have an indefinite life.

Sibal: That's precisely the point. The Constituent Assembly can't have a life after Constitution is framed.

CJI: No but equally, the proviso to clause (3) refers to the recommendation of Constituent Assembly of the State...the only safeguard is that before President does so, recommendation of Constituent Assembly is required.

CJI: What happens when Constituent Assembly ceases to exist?

BREAKING ⚡

The Muslim community has moved the Supreme Court seeking an immediate stay on protests by the Vishwa Hindu Parishad (VHP), against the Nuh violence.

https://twitter.com/TimesNow/status/1686631002083377152

Sibal: That's the point. President can't issue such a notification.

Justice Gavai: According to you, after 1957 it can't be done at all?

Sibal: No...

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

CJI DY Chandrachud: So long as it exists.

Sibal: This is the point. Constituent Assembly has served its term once it has framed constitution.


CJI DY Chandrachud: 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?

Sibal: Absolutely.

People outside SC 😂