Senior Advocate Kapil Sibal argued that the Governor and Union Government acted together to revoke Article 370 in today’s court hearing. He questioned the legality of the actions, including the dissolution of the Legislative Assembly and the imposition of President’s Rule. Justice Kaul responded that the issue is whether it fits within the Constitution.
In today’s court hearing on the dilution of Article 370, Senior Advocate Kapil Sibal, appearing for NCP MP Mohammad Akbar Lone, asserted that the Governor of the erstwhile State of Jammu and Kashmir and the Union Government acted in trio to just get ahold of Article 370. He clarified that the abolishment of the article was strictly partisan conduct that carried the appetizers of the Constitution.
The Constitutional Court of India is composed of Chief Justice D. Y. Chandrachud. Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gawai and Surya Kant, are hearing the matter.
Sibal shed light on the circumstances leading to the revocation highlighting something on June 19, 2018, the Bharatiya Janata Party (BJP) was forced to withdraw its help to the Coalition Government of Jammu and Kashmir. Within per day of this, on June 20, 2018, the Governor exerted the power accorded to him under Section 92 of the Constitution of Jammu and Kashmir and the ‘Governor’s Rule ‘in the State and supposed the capabilities of the Government and Legislature of the State. Sibal appended also that per Section 92 (3), a real Proclamation of the Governor could just be stable over a period of 6 weeks. Consequently, the Governor’s Rule in the state was always to stop on December 19, 2018. However, the Governor, under Section 53 (2) of the Constitution of Jammu and dispersed the Legislative Assembly of the State on November 21, 2018. Clarifying the activities, Sibal said-
“According to the PDP, they sent a fax to Srinagar, that they’re in support of the NCP and they’re willing to form the government. The governor says he never received the fax because he was in Jammu and the fax was sent to Srinagar. So on November 21, 2018, the governor dissolved it (the state legislative assembly).”
Critiquing the Governor’s actions, Sibal stated –
“The governor cannot dissolve the legislative assembly without the council of ministers…He has already suspended the council of ministers. This is a purely political act. The governor and the government were acting in tandem. They wanted to get rid of 370. Why would the governor on 20th June, after withdrawal of support on 19th June, suspend the assembly and not allow any political affiliation to form so that a new government could be formed?’
Referring to the delivery of edict under Article 356 perpetrating President’s Rule in the State of Jammu and Kashmir, and this was authorised on December 19, 2018, Sibal whereupon said-
“There is no council of ministers, no government in place. But he sends a report that the government of the state cannot be carried out. There are no negotiations, no communication. This is an amazing piece of handiwork. This is a mosaic of illegalities.”
Questioning the legality of the President’s rule, Sibal also said-
“The question is what is the power under Article 356? The quintessential object of Article 356 is to restore democracy. You take over because a government cannot run…for a temporary period, for the restoration of democracy. You don’t use Article 356 for its decimation.”
Sibal added-
“You can’t introduce a bill in parliament at 11 o’clock, pass a resolution without anyone knowing about it…It sort of fits into the argument that this was a political process, carried through constitutional means.”
To this, Justice Kaul responded-
“Everything is a political process, Mr Sibal, the question is if it fits in the constitution.”
