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This is roughly what I think went missing post 40:47 The idea of India is what binds it. Can also be said to be the very Fabric of India. This idea has certain Basic features which are essential in making India; these are the underlining principles for the reason of India's 'existence'. In the case, SC, in a split decision of 7:6 ordered that A/368 can amend anything it wants (any law), but A/13 is NOT the limiting factor as to what it can amend. SC stated that A/368 is kept under check by BASIC STRUCTURE OF THE CONSTITUTION and not A/13. This meant that any 'law' that Violated, Amended or Contravened any BASIC STRUCTURE (which would be decided on a case to case basis) would be declared Ultra Vires. The judgement also became important in r/n to JR. Before the judgement, JR drew power from A/13; but with the idea of the BASIC STRUCTURE, JR itself became a BSD (see: IR Coehlo case). In r/n to A/31B, JR was allowed post 24/04/1973.
40:47 This video is incomplete . Some part or the most important part has been trimmed Not able to get the sum and substance of the lecture. Please look into the matter.
Brother, this FR of you is not sacrosanct. It has been amended deliberately by the Parliament of Unacademy so that you get bound to join the plus course. No offence. You just don't get top lectures of a Great teacher for free. Cheers!!! LOLOL
The lecture was going great until it was suddenly discontinued around 40:47... If you are explaining something please complete the topic.. I am really disappointed...
Sed lex dura lex- law is rigid but that is the law Inherient conflict in constitution Article 13- राज्य ऐसा कोई कानून नहीं बनाएगा जो भाग 3 द्वारा प्रदत्त अधिकारो को छीनता है या कम करता है इस भाग के उल्लघंन में बनाया गया कानून उलंघन की सीमा तक शून्य होगा। Article 368- संविधान में किसी भी बात के बाबजूद संसद A368 में लिखी गई प्रकिया के अनुसार संविधान के किसी भी भाग को जोड़, बदल और संशोधित कर सकती है । PM नेहरू need land for development but A31 संपति का अनिवार्य अधिग्रहण is a problem। So 1CAA1951 ADDED • A31A- संपति का अधिग्रहण करने वाले कानूनों को इस आधार पर चुनौती नहीं दी जा सकती की वह Fundamental rights का हनन कर रहे है। Or • A31B- 9th schedule वाले कानूनों को चुनौती नहीं दी जा सकती। • 9th schedule 1st CAA1951 challenged Shankari prashad vs UOI 1951 SC- A368 is powerful 17CAA 1964 touch right to property so 17CAA1964 CHALLENGED In Sajjan singh vs state of Rajasthan 1964 SC- A368 is powerful In the matter of substancial question of law or interpretation of constitution send to larger bench Golakhnath vs state of panjab 1967 SC- you cannot touch FR A368 tells procedure only FR are secrosanct transidental MEDAM INDIRA GANDHI ARRIVED 24 CAA 1971 ∆ PRESIDENTIAL assent compulsory ∆ A368 tells procedure as well as power ∆ added A13(4)- A13 not applicable on A368 UT MEANS U LIMITED POWER OF PARLIAMENT THIS AMENDMENT ATTACK ON DEMOCRACY 24CAA 1971 challenged in KESHWANANAD BHARTI vs UOI 1973 SC- Give BASIC STRUCTURE DOCTRINE (judicial innovative) 39CAA1975 BY medam Prime minister ∆ election of PM AND SPEAKER cannot challenged any court of law 39CAA 1975 CHALLENGED Indira Nehru Gandhi vs rajnarayan case 1975 SC - JUDICIAL REVIEW is basic structure doctrine 39CAA declared as null & void, struck down, ultra vires # MinervaF MILLS CASE 1980 EVERYTHING IS IN INDIA UNDER JUDICIAL REVIEW 😮
An IAS officer resigned from his job to make education reach to remote areas ,newspaper were flooded by this news What happened to him 😂😂🤣🤣🤣offering plus course from the richest section of remote areas wow!!!!!!
Whatever the judgement of supreme court, I have full faith that when the founding fathers of our nation wrote our constitution they absolutely meant that nothing and nothing shall touch the fundamental rights. The only mistake they made is that when they wrote article 368, they didn't think it was necessary to mention that article 368 cannot touch Fundamental Rights because in Article 13 they had already clearly mentioned that nothing can touch Fundamental Rights.. the intention behind article 368 was only related to other parts of the constitution but not Part 3 of the constitution... But this will never be proven right because no founding fathers are alive today... One small mistake on their part messed up the whole situation...and this again proves the fact that no one in this world is perfect...not even the founding fathers of our constitution... because they committed the mistake of mentioning under article 368 that it cannot touch the Part 3 of our constitution...
Sir my doubt is as the 1st amendment took place in the year 1951 and what is the need of asking supremecourt to interpret the constitution,instead it would be more logical to ask our founding fathers directly to interpret the constitution as it was drafted by them so recently and in what spirit they have written those 2articles,
अपनी मर्जी से कहानियां मत बनाओ अनुच्छेद 13 के अंतर्गत संविधान संशोधन को कानून नहीं माना गया है। इसलिए संविधान में संशोधन करके मौलिक अधिकारों को सीमित किया था तथा सर्वोच्च न्यायालय ने इसे सही माना।
Sir, in your lecture on FR you said that they are a part of Basic Structure Doctrine and Legislation cannot touch Part 3 of the COI. But here you said the opposite. Please clarify this confusion.
Article 368 were subject to fundamental rights review, by asserting that only those amendments which tend to affect the 'basic structure of the Constitution' are subject to judicial review. At the same time, the Court also upheld the constitutionality of first provision of Article 31-C, which implied that any constitutional amendment seeking to implement the Directive Principles, which does not affect the 'Basic Structure', shall not be subjected to judicial review. In a sharply divided verdict, by a margin of 7-6, the court held that while the Parliament has "wide" powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution. The Kesavananda judgment also defined the extent to which Parliament could restrict property rights, in pursuit of land reform and the redistribution of large landholdings to cultivators, overruling previous decisions that suggested that the right to property could not be restricted. The case was a culmination of a series of cases relating to limitations to the power to amend the Indian constitution act 1973
Yes, Parliament has unlimited powers to amend any part through Art 368. But at last, it's the Judiciary which will decide(as it's the role of JUDICIARY to INTERPRET CONSTITUTION) which article is stronger(13 or 368). In some cases, Judiciary said Parliament can amend any part & in Golaknath, Judiciary said Parliament cannot amend Part 3. So can we say that there is JUDICIAL SUPREMACY over LEGISLATIVE SUPREMACY in our country?(No matter Parliament uses it's unlimited power, but if it's challenged & Judiciary says that Parliament can't amend Part 3, then it's the Judiciary which will win). Sir please help me out to solve this doubt.
You teach so well sir. I have started to watch your videos one week back. Sir PLEASE ADD ALL THE LECTURES IN THE PLAYLIST. its so confusing and difficult to find all the lectures.
Respectd Unacademy, if you dont want to show this video you should have to upload this. Because after watching 40:49 and you miss rest, you are challenging person's patience. Thank you.
Sir Upon your lecture and my wise I can say that There is thin line between dictatorship and democracy That is of( Answerability and limited power ) . .what did you think about it please Reply sir please
A big salute to ur way of teaching sir..... Huge respect for u... Teaching by relating each other is long time memorable and easy to understand... Thanks a lot.... God bless u sir... Ap isi way se hme pdate rhiye.... Thanks a lot
I liked the lecture though it would have been clearer if you would have mentioned what's there in art 31, 31a, 31b, schedule IX and those cases. It would make remembering those numbers and names of cases easier.
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🙏🙏
starts @ 3:01
best explanation video of this topics on youtube....................thank you sir
Sir earlier,there used to be 33 videos ! It’s so helpful so please make it visible again! I shall be thanks ful to you
❤️❤️
You are unice because I am not feeling boring
Watch Dr Sidharth Arora''s Free Class Series on Unacademy here: www.unacademy.com/a/High-Probability-MCQs-for-UPSC-CSE-Prelims
Call Dr Sidharth Arora''s team on 7825860058 and take your UPSC CSE Preparations to the next level.
This is roughly what I think went missing post 40:47
The idea of India is what binds it. Can also be said to be the very Fabric of India. This idea has certain Basic features which are essential in making India; these are the underlining principles for the reason of India's 'existence'. In the case, SC, in a split decision of 7:6 ordered that A/368 can amend anything it wants
(any law), but A/13 is NOT the limiting factor as to what it can amend. SC stated that A/368 is kept under check by BASIC STRUCTURE OF THE CONSTITUTION and not A/13. This meant that any 'law' that
Violated, Amended or Contravened any BASIC STRUCTURE (which would be decided on a case to case basis) would be declared Ultra Vires.
The judgement also became important in r/n to JR. Before the judgement, JR drew power from A/13; but with the idea of the BASIC STRUCTURE, JR itself became a BSD (see: IR Coehlo case). In r/n to A/31B,
JR was allowed post 24/04/1973.
Thank you
Thank you Dr. Spam spamm
Highly Appreciable work 👏👏
Really Helpful.... Thanks ♥
Keep Following Article 51A ( c )
🎯 i.e Sovernity, Fraternity, Integrity & Unity.
👍👌
Thanku very much
Thank you so much sir 🙏🙏🙏
❤
Same as :- When parent asks : Beta mummy se zyada pyaar karte ho ya papa se 😂😂😂
Super marvelous explanation
40:47 This video is incomplete . Some part or the most important part has been trimmed
Not able to get the sum and substance of the lecture. Please look into the matter.
Brother, this FR of you is not sacrosanct. It has been amended deliberately by the Parliament of Unacademy so that you get bound to join the plus course. No offence. You just don't get top lectures of a Great teacher for free.
Cheers!!! LOLOL
This has happened is few other videos as well
Come on it's not free. They're earning well from viewership. This is just business stunt.
Soumava Goswami LoL nice man !
Cool
Superclass sir
Thnku sir very hlpful vdeo.. u explained itvery deeply...thnku..
The lecture was going great until it was suddenly discontinued around 40:47... If you are explaining something please complete the topic.. I am really disappointed...
After watching this lecture...I have realised that power of the voice is equally important as the content of the topic... thanku
Video skipped after 40:49
Video is incomplete,
The democracy of India was saved.......
And there goes a big jump cut.
Is this lecture complete the basic structure of doctrine ...
Dictatorship in my opinion is might is right
Cutting the part where you bring the whole lecture together wasn’t good sir.. it would be added..
Sir answer writing lecturer start kariye n
For those who are having problem after 40:47 , kindly check the article in Wikipedia of Keshavananda Bharathi vs State of Kerala
Thank you simo
there is no checks and balances in the parliament
Thnnkuuu sir
@S shorts
Sed lex dura lex- law is rigid but that is the law
Inherient conflict in constitution
Article 13- राज्य ऐसा कोई कानून नहीं बनाएगा जो भाग 3 द्वारा प्रदत्त अधिकारो को छीनता है या कम करता है इस भाग के उल्लघंन में बनाया गया कानून उलंघन की सीमा तक शून्य होगा।
Article 368- संविधान में किसी भी बात के बाबजूद संसद A368 में लिखी गई प्रकिया के अनुसार संविधान के किसी भी भाग को जोड़, बदल और संशोधित कर सकती है ।
PM नेहरू need land for development but A31 संपति का अनिवार्य अधिग्रहण is a problem।
So 1CAA1951 ADDED
• A31A- संपति का अधिग्रहण करने वाले कानूनों को इस आधार पर चुनौती नहीं दी जा सकती की वह Fundamental rights का हनन कर रहे है। Or
• A31B- 9th schedule वाले कानूनों को चुनौती नहीं दी जा सकती।
• 9th schedule
1st CAA1951 challenged
Shankari prashad vs UOI 1951
SC- A368 is powerful
17CAA 1964 touch right to property so
17CAA1964 CHALLENGED In
Sajjan singh vs state of Rajasthan 1964
SC- A368 is powerful
In the matter of substancial question of law or interpretation of constitution send to larger bench
Golakhnath vs state of panjab 1967
SC- you cannot touch FR
A368 tells procedure only
FR are secrosanct transidental
MEDAM INDIRA GANDHI ARRIVED
24 CAA 1971
∆ PRESIDENTIAL assent compulsory
∆ A368 tells procedure as well as power
∆ added A13(4)- A13 not applicable on A368
UT MEANS U LIMITED POWER OF PARLIAMENT THIS AMENDMENT ATTACK ON DEMOCRACY
24CAA 1971 challenged in
KESHWANANAD BHARTI vs UOI 1973
SC- Give BASIC STRUCTURE DOCTRINE (judicial innovative)
39CAA1975 BY medam Prime minister
∆ election of PM AND SPEAKER cannot challenged any court of law
39CAA 1975 CHALLENGED
Indira Nehru Gandhi vs rajnarayan case 1975
SC - JUDICIAL REVIEW is basic structure doctrine 39CAA declared as null & void, struck down, ultra vires
# MinervaF MILLS CASE 1980
EVERYTHING IS IN INDIA UNDER JUDICIAL REVIEW 😮
great class sir
40:47 missing
Thnku sir
Thank you sir 😊😊
Sir aap hindi medium me bhi padhei
@Unacademy team pls don’t cut this video and add the remaining part at 40:47
Indeed
Achhaa khaasa interest or focus tod diyaa 40:53 ke baad
An IAS officer resigned from his job to make education reach to remote areas ,newspaper were flooded by this news
What happened to him 😂😂🤣🤣🤣offering plus course from the richest section of remote areas wow!!!!!!
3:00
Sir I have one question plz clear my doubt
Good play unacademy... Watched 40 minutes to know what BSD is and then you edited it out. Never going to subscribe to Plus now because I feel cheated.
3.04 the video of basic structure starts
Whatever the judgement of supreme court, I have full faith that when the founding fathers of our nation wrote our constitution they absolutely meant that nothing and nothing shall touch the fundamental rights. The only mistake they made is that when they wrote article 368, they didn't think it was necessary to mention that article 368 cannot touch Fundamental Rights because in Article 13 they had already clearly mentioned that nothing can touch Fundamental Rights.. the intention behind article 368 was only related to other parts of the constitution but not Part 3 of the constitution... But this will never be proven right because no founding fathers are alive today... One small mistake on their part messed up the whole situation...and this again proves the fact that no one in this world is perfect...not even the founding fathers of our constitution... because they committed the mistake of mentioning under article 368 that it cannot touch the Part 3 of our constitution...
40:50 par video cut h...in my mobile like this
Sir my doubt is as the 1st amendment took place in the year 1951 and what is the need of asking supremecourt to interpret the constitution,instead it would be more logical to ask our founding fathers directly to interpret the constitution as it was drafted by them so recently and in what spirit they have written those 2articles,
It doesn't seem as simple as you said :) procedure need to be followed
Video is incomplete. The most important part is cut down. Not able to understand. 👎
Sir you're best
Thank you soo much sir godbless u...
Sir, your depth of voice make me stay awake for my dream. Salute to my Dronacharya🙏
Thank you sir 🙏
40.47 there is missing of video.. I m not upsc aspirants.then why i take your plus course ? I m waiting for ur reply.. Unacademy
अपनी मर्जी से कहानियां मत बनाओ अनुच्छेद 13 के अंतर्गत संविधान संशोधन को कानून नहीं माना गया है। इसलिए संविधान में संशोधन करके मौलिक अधिकारों को सीमित किया था तथा सर्वोच्च न्यायालय ने इसे सही माना।
keshavnanda bharti case incomplete chorr diya
@s motivation
Your classes are super great!
article 13 saying "YOU CANNOT TOUCH ME".......NO means ""NO""
545 seats are in lok sabha and 273 seats are required to form a govt
Sir, in your lecture on FR you said that they are a part of Basic Structure Doctrine and Legislation cannot touch Part 3 of the COI. But here you said the opposite. Please clarify this confusion.
FR may be amended but BSD should be intact. Parliament can amend those FRs which do not form the BSD of COI.
@@rumi_das_biswas Understood. Thanks
3:04
Your voice is powerful sir.
Salman Khan ke jesa attitude h sir ka
Teaching style amazing
Sir in between you cutted video in imp part thats not good anybody else think this
Cutting such a crucial part is so not cool sir. Nevertheless thank you for the rest
Was it a technical issue, at 40:49 ?
Having heard it ,I understood that he was touching the bushes not root of the tree.
Article 368 were subject to fundamental rights review, by asserting that only those amendments which tend to affect the 'basic structure of the Constitution' are subject to judicial review. At the same time, the Court also upheld the constitutionality of first provision of Article 31-C, which implied that any constitutional amendment seeking to implement the Directive Principles, which does not affect the 'Basic Structure', shall not be subjected to judicial review.
In a sharply divided verdict, by a margin of 7-6, the court held that while the Parliament has "wide" powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution.
The Kesavananda judgment also defined the extent to which Parliament could restrict property rights, in pursuit of land reform and the redistribution of large landholdings to cultivators, overruling previous decisions that suggested that the right to property could not be restricted. The case was a culmination of a series of cases relating to limitations to the power to amend the Indian constitution act 1973
Yes, Parliament has unlimited powers to amend any part through Art 368.
But at last, it's the Judiciary which will decide(as it's the role of JUDICIARY to INTERPRET CONSTITUTION) which article is stronger(13 or 368). In some cases, Judiciary said Parliament can amend any part & in Golaknath, Judiciary said Parliament cannot amend Part 3. So can we say that there is JUDICIAL SUPREMACY over LEGISLATIVE SUPREMACY in our country?(No matter Parliament uses it's unlimited power, but if it's challenged & Judiciary says that Parliament can't amend Part 3, then it's the Judiciary which will win).
Sir please help me out to solve this doubt.
sir huge request to you , not everyone is able to buy plus course. plz sir dont cut it like this your videos,
thankuu soo much sir...for u valuable effort
You teach so well sir. I have started to watch your videos one week back. Sir PLEASE ADD ALL THE LECTURES IN THE PLAYLIST. its so confusing and difficult to find all the lectures.
Sir kindly tell something about judiciary aspirants what should students like me, I'm in 3rd sem bballb what strategy should I follow?? Kindly guide
4th CAA done by Nehru ji, not 1st CAA sir...
Article 31 a and b were added in 1st caa 1951
4th caa is only substitute some clauses
👌
Respectd Unacademy, if you dont want to show this video you should have to upload this. Because after watching 40:49 and you miss rest, you are challenging person's patience. Thank you.
thank u sir
Yrr plzz cut mt kra kro aaye se kuch smjh nhi aata phir ☹️
Noooooo sirr.. Video is incomplete. Please please please please sir let your technical staff fix the error..
Hello Sir! Please give a detail on Kesavananda Bharti Case. The answers to the three issues. A exclusive video on Keshavananda Bharti case only.
Sir there was a problem at 41 min.
This is not fair sir
Pls unacademy was promised to provide free education and tutorials
But thats not what you are doing
Error 404 40:49
Done
18/5/2020
Sir
Upon your lecture and my wise
I can say that
There is thin line between dictatorship and democracy
That is of( Answerability and limited power )
.
.what did you think about it please
Reply sir please
Sir, Thank you so much. Simply Loved your way of teaching. Amazing lecture. So grateful to god for finding a teacher like you. Thank you so much.
You are best in politics subject for us
Thanks a lot sir
cut down the very crucial part of this lecture.
A big salute to ur way of teaching sir..... Huge respect for u... Teaching by relating each other is long time memorable and easy to understand... Thanks a lot.... God bless u sir... Ap isi way se hme pdate rhiye.... Thanks a lot
Sir Article 31-A clearly btado plz
Picture should be very clear sir
100% clear
Sir who won in keshavananda bhathi case?
Did edneer mutt got back its land?
The way you explained it sir
HATS OFF TO YOU🥰🥰🥰🥰
Some part missing ☹️
Sir In your previous video you said that in 1st constitutional amendment 1951 Parliament added A15(4)
Incredible sir 👏 the story of polity thrilling with your voice
@Sshorts
Sir,I have a query can you please help me out?
If treaming of video is necessary than you can skip the whole topic but please dont make any topic short in this way.. this is too much shameful.😟
Biggest Fan of this Man i don't know why but This man Taught me So much
sir it means that we can add in the part 3 of the constitution but we can not subtract anything in the part 3 of the constitution .
Bt apne Pehle btaya tha... Kisi after keshav nanda bharti case.. Fr was... Included in our basic structure... Now u re saying opposite
I liked the lecture though it would have been clearer if you would have mentioned what's there in art 31, 31a, 31b, schedule IX and those cases. It would make remembering those numbers and names of cases easier.