The News Craving
Srinagar, July 30:
Senior Advocate Kapil Sibal lead the arguments on the second day of the hearing on Article 370 before the 5-member consititution bench of Supreme Court on Thursday.
In his arguments that the Parliament can’t do away with the Article 370 which was a permenant provision, he said, ”
There is a clear distinction between the exercise of constituent power and the exercise of legislative power. Parliament while enacting a law, functions within the contours of the Constitution. Constituent Assembly has no Constitution in place. A constituent assembly can do what it likes till such time a Constitution is made. At no point in time in law, can a legislative assembly be converted into a constituent assembly- as a matter of law.”
On Wednesday, Chairman Democratic Progressive Azad Party (DPAP) Ghulam Nabi Azad on appreciated the historical arguments of Kapil Sibal in the petition on abrogation of Art 370 in Supreme Court. “I express my sincere gratitude to senior advocate Kapil Sibal for his historical, fearless and eloquent presentation and arguments before learned judges of Supreme Court hearing the petition against abrogation of Article 370 today,” Azad said in the statement. Terming the proceedings in Supreme Court as historic, Azad said, “We have been unwaveringly fighting from Parliament to the Supreme Court in pursuit of justice for people of Jammu and Kashmir.” Azad pinned hope on positive outcome as the Supreme Court is expeditiously hearing petitions before it.
Sibal also argued that the terms of clause 3 of Article 370 show that a recommendation from the Constituent Assembly was essential to remove Article 370
