Parliament can carve out UT, but can't extinguish state: Kapil Sibal to Supreme Court

Tribune News Service

Satya Prakash

New Delhi, August 8

Senior counsel Kapil Sibal on Tuesday questioned the validity of ‘The Jammu and Kashmir Reorganisation Act, 2019’ which divided the state into two union territories, saying Parliament can carve a union Territory, but it can’t extinguish a state.

“The power (of Parliament) under Article 3 does not extend to effacing the character of a state into a Union Territory. Can a state be made into a union territory by the Union (of India) on its own whims and fancies without consulting the people who would be affected?” wondered Sibal – who represented the Jammu and Kashmir National Conference through its MP Akbar Lone.

Describing the Constitution as “a set of values” on the basis of which people were represented and their voices heard, Sibal said: “If you throw such executive acts and silence the voices of people, what is left of democracy? All I can say is that this is the historic moment, historic not for the present but for the future of India. And I hope this court is not silent.”

The Jammu and Kashmir Reorganisation Act, 2019, which divided the state into two union territories – Jammu and Kashmir and Ladakh, has already been acted upon. The changes came into effect on October 31, 2019 after being notified in the official gazette.

Since then, a delimitation exercise has been completed in the UT of Jammu and Kashmir and the number of seats increased from 83 to 90 (excluding 24 seats in Pakistan Occupied Kashmir).

Concluding his arguments on petitions challenging nullification of Article 370 and bifurcation of the erstwhile state into two union territories, Sibal said, “You can’t do it… You have created two UTs from a state. Where is that power? There are multiple categories of what they have done which does not fall under any category… How is that possible?”

“Where is the voice of the people of J&K? Where is the voice of representative democracy? Five years have passed. Have you had any form of representative democracy? Whole of India can be converted… Though the Constitution is a political document; its provisions cannot be manipulated or maneuvered for political ends. That’s not how to interpret a constitution,” Sibal told the Bench which also included Justice SK Kaul, Justice Sanjiv Khanna, Justice BR Gavai and Justice Surya Kant.

Objection to Gogoi's reference

During the hearing, senior counsel Kapil Sibal – a Rajya Sabha MP alluded to Justice Ranjan Gogoi when he told the Bench “now one of your esteemed colleagues has said that in fact basic structure theory is also doubtful,” Solicitor General Tushar Mehta took exception to Sibal talking about Gogoi’s maiden RS speech. CJI DY Chandrachud also said: “Once we cease to be judges, whatever we say, they’re opinions...they are not binding.”

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.

Join Whatsapp Channel of The Tribune for latest updates.

#Jammu #Kapil Sibal #Kashmir #Supreme Court