India's Top Jurist Fali Nariman Decodes The Supreme Court's Article 370 Verdict | India Today
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- เผยแพร่เมื่อ 28 พ.ค. 2024
- In an exclusive interview with India Today, eminent jurist and constitutional expert Fali Nariman weighs in on the Supreme Court's judgment unanimously upheling the Centre's decision to abrogate provisions of Article 370 bestowing special status to the erstwhile state of Jammu and Kashmir.
Nariman voices his concern over what he describes as an 'incorrect appreciation of the Constitution' by the Supreme Court. He suggests that it should have followed the procedure stated in Article 368 of the Indian Constitution instead of Article 370, Clause 3.
#pmmodi #article370verdict #srticle370verdictnews #jammukashmir #omarabdullah #falinariman #amitshahspeech #article370 #cjichandrachudstatement #rajdeepsardesai #newstoday
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The dude is sharp at 94. Salute.
Correct. I guess its the result of doing what we love through the life
People like Rajdeep are happiest when everything is burning
Can't understand how some people totally ignore the fact that the ordinary Kashmiris are very happy with the abrogation and their lives have improved and are living peaceful lives with the scope of prosperity after 75 years and are bent on nit picking the laws and the constitution to fine loopholes to sabotage this development. These people are living great lives and they have the temerity to to think that the Kashmiri people don't deserve the same.
Just like how you don't understand that even if it was good it was not done in a constitutional way which is a dangerous precedent
It seems as if you yourself live in Kashmir and suffer there. You can not say that there is normalcy or improvement in the situation of jammu and kashmir.
They can never be happy. Kashmir is a religious problem. Kashmiri want their own sharia style government. This is what will make them happy and content. J and k state assembly won't ever give such recommendations of abrogation to president. So this was only way possible
14:45 @@kiranks1984 it was done for a greater good, for the country's integration. For the upliftment of the region and eradication of terrorism from the other side. Law was made on those very Jurisprudential philosophy, to serve the land and for it's benefit(370 did it in last 70 years?). Major question is why Kashmir was gifted with such a provision? And why indefinitely, or is it really? As far as unconstitutional nature is concerned, there have been situations like Emergency which was unconstitutional in nature which was to keep the power or personal desperation in nature (I'm being politically neutral, just in case if you think otherwise, also let's not go into what laws were passed by Sanjay Gandhi for birth control and female birth control which led to the current beti bachao situation, history was pretty dark with facts that are indigestable in nature). Nehru ji himself accepted that it was mistake, the abrogation was due for ages to happen, it's inevitable to the upliftment and normalisation of the region. I'm just glad as Indian that it happened so that I'm not scared of visiting the place, as simple as that.
@@vy1134 be ready to feel the same way when another govt removes something applicable to your region without the approval from your local legislature....Anyway, as I said, those who do not see what is the issue, will never be able to see it till it happens to them
Nobody is saying anything, only Rajdeep is peddling congress agenda. This discussion is over , debating this again is questioning the supreme court. The left thought that they would corner the modi government on this, their disappointment is visible in these kind of interviews. Opposition should think of better ways, all they want is to divide India.
Ignoramus comment
@@sanjaygadhalay1523Your wailing
for people who have not noticed, ISI and former Pak ambassador to India is heaping high praise on Kapil Sibal.
To be on the same side as that of the ISI is indeed a great honour. When you're on the same side as Pak, then you know you're on the right side. The fair side.
U mean sabrimala judgemt😂
@@tmohitm02 At least watch the video to understand the topic of discussion.
Till this Judgement I have a little doubt on POK ..that if India will take it back or not. But with this Historical judgement, Not only me but each and every Indian got the confidence that India is all set ready and geared up to Merge back PoK into Indian territory...This is overall an absolute welcoming step...
Jai hind !
Congress next Choice for 2024 election PM Candidate.
Rajdeep
Round the clock he toiling for the party..
😂😂😂😂😂😂
😂😂😂😂😂
BJP.... Rubika Liyakat or Navika Kumar or sudhir Chaudhary 😂
@@anandkumarjha9232if declare Hindurastra do you welcome or not
Kashmir is the integral part of India "Bharat" and we welcome the Honourable Supreme Court verdict in validating removal of 370. Akanda Bharat ❤ Jai Hind 🇮🇳🇮🇳🇮🇳
A small %ge of error of Judgement always exists in every judgement. It is better to ignore and look at the larger constitutional principles.
You don't even know the value of zero. And even small poison can kill a person . They lost much by gaining little. We will see its effects in the future. Not only in Kashmir, this effect will be seen in the whole country
@@alizain4364what if every other state demand a similar article
@@alizain4364that is why pandits were religiously persecuted. Right?!?? We made an error a zero error in not punishing the perpetrators.
One gets speechless and in loss of words to hear such motivated discussions without any reality check. Such so called legal luminaries can nit pick like this is to my understanding mundane…
He is not a judge but an advocate
And a non hindu whose allegiance is first to religion and not to Indian state
he is not a muslim
@@desrajsharma1472
@@desrajsharma1472 so you mean to say that all Hindus have allegiance to the state and not their religion?
@@francispaul65For Hindus Bharata is divine land. So religion and nationality are one and same.
While the holy lands of foreign religions are far distant land creating a conflict between nationality and religiosity.
Rajdeep is a despicable anti- national.
He’s desperately trying to find fault with an issue settled by a Constitution Bench of the Supreme Court. He’s going to extend of asking whether the judgement is reversible.
He’s sounds more Pakistani 🇵🇰 than the ISI itself.
How was Andhra Pradesh downsized? AP assembly didnt give consent. It was done with a simple majority in Loksabha. Assembly consent or permission is not required as majority will never agree to split a state. Basically if it was done by congress or for states like AP, it is all valid. If it is done by BJP, it is not valid. I never saw Rajdeep getting law experts to discuss AP bifurcation is legal or illegal.
I would miss your op-ed in Indian Express, Mr. Nariman. Thank you for enriching constitional - legal discourse of this country, thank you for your intellectual service. Om Shanti 🕉
Kajdeep is so affected by the judgment... 😅😂 He is trying to put words in Fali's mouth.. 😅
Why has Rajdeep quotes Hindu another Lali gang paper . He is hell bent on going his way . Fali Nariman is an Advocate not judge so he will always give his point of view but Boxer is hell bent on getting his point of view.
Rajdeep is disappointed to the response of Fali Nariman.
Constitution cannot be put above country's interest
Exactly.
Also very importantly, constitution isn't the word of God. It can be amended.
Ha ha
Country exists because of the Constitution. Amend it any number of times AS PER LAW.
Who decides Country's interest? A temporary majority with less than half the vote share?
Govt should not even take the note of it. Period
I hv complained to SC of India against Fali Nariman, whose Fore-Father's came as a Refugee in India for Security, who did business of Opium Trade with Brits, who openly accepted Parsi's since not Indian's but today teaching Indian's were SC of India and Parliament went wrong to suit Gandhi Family. Same goes with Syrian Catholics, who too are against India upon entering India as Refugees, who says, in Hindu Sashtra, 'Means Justifice the End', which is blashemous if similar is said against Abrhamic Religion. If we start interpreting Bible then those wl either Burn Bible/Commit suicide.
Yes Rajdeep would like to invite all those who are against India
Hahahaha.rajdeep can't say what he usually wants to say in his show😂😂😂... appreciate sirs honest views and expert views.
Respect Mr Nariman knowledge but the law has been passed by Parliament and was supported by non- BJP parties, citing the larger national interests. When the law was written, there was no terrorism, Pak interfering in India, elections manipulation by Congress, etc. After 70 years we are living in a very different world & Supreme Court has taken a very pragmatic stand & largely supported the Parliament. And please note that Article 370 abrogation haz always been on BJP agenda & people voted for BJP twice...Respect the people mandate, Parliament passed law & Supreme Court judgment...Article 370 was misused by vested interests to run J&K as their own fiefdom. My mother was Kashmiri; she lost her rights after marrying as my father was non- Kashmiri. Its a violation of her rights which was going in for decades due to Article 370. Lakhs of people were denied voting rights & benefits which they were entitled to. All these injustice had to be stopped.
N one thing Would like to add is Kashmir Assembly would never support such resolution as it's Muslim majority state. It had to be made union territory first thn only parliament through president could dismantle this discriminatory law.
A balanced argument by Fali Nariman as a Constituional lawyer is fine but is too excessively pushed to negative possibilities by Sardesai. Seems simply provoctive.
Some lawyers, it is now being seen, have become judge of judges and the judgments.
Beautiful wise man🙏
I just love his meltdown
Destructive Rajdeep gets only destructive advocates😂😂😂😂
😂🤝👏
I agree with learned Fali Nariman. Further, breaking the State of J&K into two UTs (UT of J&K and UT of Jammu & Kashmir) is violative of Article 3 as a new State can be carved out of a State, State can be renamed, boundaries of a State can be changed, two States can be merged to from one State but a State CANNOT be converted into a UT or a part of State cannot be taken out and made a UT. It is fraught with dangerous trends, and further, India is a Union of States and not Union of UTs. Doing so affects the federalism of the Union of India - which is change in the Basic Structure, and as such cannot be done. (Full Court Judgement of SC in Keshavananda Bharti)
Parliament's power to amend the Constitution is not absolute and the Supreme Court is the final arbiter over and interpreter of all constitutional amendments and it has been decided in Supreme Court that abrogation of Article 370 is constitutionally valid>>>Due process of Law and separation of law had been adhered! So why bloke the fuss?
@@kaliamma399 because the issue of downsizing has not been addressed. It was a vital aspect of this entire conundrum. There is a sense in many that infractions in procedure and more importantly the spirit of the constitution have been overlooked as incidental... This may or may not have a damning impact in this case but sets a treacherous trend going ahead. That is why even Sir Mr. Nariman although not outrightly criticising spoke of the danger that this can cause aka dilution of constitution.
What needs to be looked into is the existance of Art 370 is required still or not. This should be the thing on the back of which the case is to be viewed. When a baby is to be delivered one should not debate the mother is duly married or not, whether is an citizen of the country, or is having an Adhaar Card or not, should not go by the nitty gritty.
Rajdeep! The first comment of you, the fear and blah blah is you and your favourite I dot N dot D dot I dot A's wishes. Your wishes will go as Ashes😂😂
Self styled Supreme Court of Rajdeep 😅. The legal points!!! with a big book on constitution along with book marks on a u tube channel 😃😃😃 by so called eminent Lawyer.
Mr Sibal argued on the very issue that Mr Nariman is harping on 😁over n over again .
Mr Nariman agrees that he has not followed the hearing in the SC on the issue 😂😂. So he wants to debate it on you tube channels for the benifit of whom !!!!!!? Rajdeep sympathisers.
So jao 🥱 Varna Gogo ajeyega 😂
Rajdeep Sarkhapii
Rajdeep is doing want he does best , try and peddle confusions and mix lies and truth
Sardesai will continue doing this, questioning everything to do with whatever BJP govt does, and ignore and even defend all the wrongdoings of Congress and other Corrupt Opposition political parties, pls ignore and keep having fun watching such bast,,,, of Bharat whining over it.
Bcs of such ex judges like Nariman, today we have situation like Kashmir, period.
J&K is now with us and is integrated completely and they are our brothers and sisters!! I plan to buy land and settle down there
Bihari Jaa ke mazdoori kr bade bade sapne Kam dekh
Just remembered Union Carbide …
That means you did not understand what Fali Nariman said. The Article 370 was not abrogated by the Parliament but through a Presidential Order.
Mr nariman is showing supreme court mirror
INDIANS WERE GIFTED WITH THE BEST AND GREATEST CONSTITUTION. WE FOOLS ARE ALLOWING ITS SLOW DEATH BY OUR SILENCE.
I don't even understand what is 368 do with 370. The lawyer contradict the statement . It's temporary and removed. The parliament the government got Majority, so they can able to abolish. As simple as that, why Rajdeep confusing the public. If that is case even Mysore state should get back it's kingdom.
Lawyers can always interpret in different ways and this is one such case..Ground reality is lives are saved and treachery of regional parties of misusing the situation to their advantage for money and power regardless of human lives lost has come to an end.Effort of the anchor to keep the debate going by bringing in Fali for a point of view is to provide political fodder to opposition.
All these mambo jumbo falls flat for the simple reason that the old man himself admitted that he wasn’t following the arguments in the court.
Finally rajdeep found his man😅
Fali Nariman had objection of Yogi being appointed as CM and his dress,so one can understand his views on SC judgement on 370 its only drawing room debate.
Mr. Sad Desai, will you turn your mic to some one who gives +ve opinion on abrogation of 370. Aren't you bored with same kind of expression
Rajdeep sounds like a Pakistani agent sometimes 😂
Process is not important, end goal is. Moreover, process is not harmful to anyone.
Telangana was formed even though then Andhra Pradesh assembly rejected formation of the state.
If such a view point is to be adhered, entire world should have a dharmic ideology like Sanatana Dharma which is like sunlight and earth. When you allow Umma based fanatical ideology which fosters discriminatory kafir dogma and terrorism, there is no option but opt for a system which fosters national interest.
word.
Article 141 advises that the law declared by the Supreme Court is binding on all courts in the territory of India.
Article 144 says that all civil and judicial authorities must act in aid of the Supreme Court. Regardless of controversy or matter, once the Supreme Court renders a verdict, it is the Constitutional obligation of every individual and authority to accept the verdict rendered by it as binding.
Article 370 was drafted under Part XXI of the Indian Constitution titled as "TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS".
Any equivocation or prevarication or quibbling over the Apex Court's pronouncement is obviously otiose and inconsequential.
Everybody should know that Constitution of India has not given power to anybody, other than Parliament of India. Article 370 has been removed through RESOLUTION of Parliament of India passed with Special Majority 2/3 in each house of Parliament with a Constitutional Order (C.O.). Where is the wrong in it? The persons who are opposing this decision are challenging the legislative authority of Indian Parliament. This is totally unbecoming.
Thank you Rajdeep
Can these honourable gentlemen fight legally and get back POK...
So this person is above Supreme Court. Is it??
Justice Nariman makes points for consideration but at the same time says he has not followed the proceedings closing. No doubt he says instead Art 368 could be used to amend article 370 and procedure has not been duly followed . One thing is sure that Art 370 did not give JK a special status in constitution, but the interviewer has used the term.
He has made some other comments related to Art 3 and reorganisation of JK state .
Constitution is not a religious book it evolves and should be corrected as per the requirements of the times politically and as per the wishes of the people. Where are these fellows when terror was ruling J and K. We have to adopt.
Gem
The constitution is important if and only if the country remains integrated. If the country is under threat from state and non-state actors, the constitution can jolly well take a back seat.
exactly
Well done Rajdeep..with great gut's you had interviewed Mr.Narimab on 370 abrogation.
All the non-sense he is speaking has been addressed by SC. It was an unanimous decision of the judge. Even we were to BS arguments of both the persons, the government has followed the same method as was followed by another idiot Nehru
@@venkateshkt6111 sangi's views are always half baked.
Splitting hair is of no consequence
He is not talking about how it was introduced . That was also not constitutional.
If ordinary people of Jammu and Kashmir especially Hindus cannot live fearlessly, what is use of all these laws and intelligence. This discussion luxury of rich, armchair intellentia. They cannot stop Pakistan nor protect citizens. Waste of time
As a lawyer it is his interpretation, nothing to do with the judgement. Always judgement is more than just the legal interpretation.
*India is beautiful everyone has to allowed to give his opinion*
Excellent Interview!!
Son of the constitution, his words are ultimate ???
I respectfully do not agree with the majority view of the Apex Court in today’s judgement with respect to the abrogation of Article 370 - in as far as it says and I quote,
“It is not mandatory for the President to ACCEPT the recommendations of the State Legislative Assembly”.
It is one thing “not mandatory for the President to ACCEPT the recommendations of the State Legislative Assembly” and quite another, “not to OBTAIN the recommendations of the State Legislative Assembly”.
“Not mandatory for the President to ACCEPT the recommendations of the State Legislative Assembly” entails and imbibes in it “OBTAINING the recommendations”, though, after having so obtained, President may accept or not accept the recommendations of the State Legislature.
IT DOES NOT MEAN NOT TO EVEN OBTAIN AND SIMPLY BYPASS THE RECOMMENDATIONS OF THE STATE LEGISLATURE.
If it means bypassing and not even obtaining the recommendations it would have far reaching and serious repercussions- as it would hit at the very “Federalism” of the Country. It would nullify the very existence or necessity of State Legislatures. Why have State Legislatures then?
What is the significance of at least OBTAINING recommendations of State Legislature, though it may not be mandatory to accept recommendations of the State Legislature:-
It is because:
1. State Legislature is the best to understand the ground situation and conditions prevailing in the State and give recommendations.
2. After having obtained the recommendations, if the President rejects the recommendations, the President, the law requires, is bound to pass speaking and reasoned order for rejecting State Legislature’s recommendations.
3. Such speaking order is subject to judicial review.
Kashmir,s inclusion in the nation of India, on the condition of article 370 only.
I enriched.
Questioning SC decision and discussing the issue is beyond anybody's perception.
True---Water under the bridge!
Incorrect application of constitutional? Does it means unconstitutional or short of it. Even if the govt did it by incorrect application of constitution than why didn't the court strike it down ?
We can effortlessly see the desperate attempt of Rajdeep to put some words in the mouth of Foli. The guy is smart enough not to fall in Rajdeep's trap.
Might is right for Kashmir !
This journalist is purely biased in his coverage of all issues concerning the present government. Don't he has any shame when fellow journalists are saying that he has been lying for the past 12 years on every issue and wants to question BJP just because he does not like BJP. What happened to the ethical and independent journalism?
who is the independent journalist as per you .. arnab goswami, sudhir chaudry etc
@@sansavdYes, Arnab fought with the tyrannical Maharashtra government and won. Rajdeep would have needed two pants.
@@rameshwaghmare9432 is that how you equate arnabs journalism that says a lot about you (I would fight too if I have a case against me regardless whether you are right or wrong)
Amdement done in parliament.
1. Art 370 issue is now over and out, constitutionally, legally and politically. Period. No one is going to be bothered about this issue any more except that Farooq and his son will fight fir next 200 years on this issue. He is welcome to do so in Indian democracy as long as it is by legal means. 2. Now this sickular media should move to some other divisive issue like UCC or Wakfq Bill etc. There are a few months for May 2024 and sickular media should not waste any time, whether funding from Soros comes or not.
My doubt.the.Article 370 is temporary, is it required 368 art.procedure ? The question is not on the procedure, but is it genuine or correct to abbrogate as most people requires that. The parliament is supreme... The procedure may or may not correct, but bill is correct
Unless a party did not get 52% of the votes casted, such party has no right to impose any amendment of the constitution .
Presidential Power was used in past to make changes in Constitution. If such changes too were wrong.
Excellent interview
Lets hv a same word on " The Place of Worship (special provisions) Act 1991. How that act taken a right of worship of crores of Hindus just because a act of majority Govt.
What can be said of a judicial system which takes decades to deliver judgements
INCORRECT INTERPRETATION OF THE CONSTITUTION : says the Master.
Reboot Mr CJI.
All anti nationals saying that Rajdeep and Mr Fali Nariman are anti nationals . Neither they understand art 370 nor verdict so nothing can be expected from them
Wrong the pro Indian are saying that and Parliament is Supreme. You dig dude?
That's his opinion.
For the sake of peace and not terrorism forget about whos unhappy. Accept Supreme Courts decision. When India was burning because of terrorism, stone pelting, murder and other criminal and violent acts those responsible for ruling Kashmir were happy because they wanted to divide Bharath.
Now that when the people of Kashmir are happy they choose to cry and be unhappy because Kashmir has united and merged with it motherland.
Glory to Bharath
Jai Sri Raam ,Krishna, Vishnu Bhagwaan.
KASHMIR AS PER UNO -- INDIAN FIRST PM NERO
It is concurrent but not unanimous.
😂😂😂😂 Nice to see Mr Nariman crying along with Rajdeep 😂😂😂😂😂
Go n cry in Pakistan , China and US .
Well said 👌👌👌🤣😂🤣🤣
Parsis are now cheating India for I. N. D. I. A?
How can a lawyer talk about constitutional procedure regarding an abrogated “temporary amendment” like Article 370 and not mention a word about the circumstances under which Article 370 was appended to India’s Constitution by the machinations of Nehru and Sheikh Abdullah? The manner in which this temporary amendment was rammed through, was certainly without the consensus of the Constituent Assembly, whose members were opposed tooth and nail to it, as was Sardar Patel, the then Home Minister.
Yet after 70 long years of this “temporary” amendment, which brought gross misrule to the erstwhile state of J&K, as well as Pakistan-backed terrorism and ethnic cleansing to the indigenous Kashmiri Pandits and many Hindu communities, the BJP used completely legal, parliamentary means to abrogate an ill-conceived Article 370, that was imposed by the personal whim of Sheikh Abdullah and Nehru. The unanimous verdict of the SCI vindicates the courageous action of the BJP in 2019, in the interest of national unity.
Parliament is Supreme!
If Fali Nariman was a top jurist, he should have identified the Indian Constitution as an advanced Presidential model and unique. He should have said that aping Westminster or the US would be UNCONSTITUTIONAL. He did neither.
God journalism, at last. You’ve tackled a controversial issue of national importance . I covered J&K as an editor and reporter for over a decade and can attest to the fact that you have have done a public service in handling a vexing subject with clarity and panache.
Keep whether the proper process is followed or not, aside for a while, is the abrogation of article 370 needed or not! Did help improve the situation in jnk or not!
Rajdip will find everyone who is against the verdict
After listening to some other analysts views on this matter and coming back again to listen Mr.Nariman it looks like he's saying that rather than abrogating 370 under president's rule, it would have been more constitutional for the govt to amend constituion so that article 370 is removed. But that process is impossible to get 2/3rd majority. Perhaps what central govt did is correct by abrogating article 370, but what if tomorrow another govt uses same process ( not amending constituiton to remove an article, but imposes president's rule and can alter anything for that matter by showing this judgement?). Anyway for common man this is all irrelevant but it will be used as a weapon by any successive govt to change anything they like 😅
Ciurt hesitated to confront the executive for ressons not known.
Constitution is for the people and by the people. Are common people happy? The rest doesn't matter
What part of Temporary do these people fail to understand? Procedure is the handmaiden to substance, isn't it?
For decades the Pakistanis and Congress jihadis ne L laga liye of the Indian Constitution and Kashmiti Hindus, all of these guys were sleeping then. Now worried about "over centralisation" of powers
It is good that even the judgment of SC is being reviewed by the ex judge.Normally the decisions of SC are final word on the matter and is never questioned. Now an ex judge is crossing the line let us see what this trend leads to. Judicial appointments by judges themselves is a very hot topic across the common people. The collegium system perhaps has no taker among common masses and people by and large donot accept it. Nariman should have applied himself to come up with a better and democratic transparent system of appointment of judges or since he himself is a beneficiary of the Collegium system perhaps he wants to be soft toward this matter. Anyway, today or tomorrow a better transparent system of appointment conforming to basic principles of democracy will definitely emerge.
Fm 10:44 to 11:16 in the video Fali is accepting under exceptional circumstances abrogation can be done if abrogation is defeated in both the Houses of Parliament then, exceptional circumstances require extraordinary solution. Here the Ruling and Courts are on good wicket since abrogation is passed in both the Houses of Parliament. Now since Abrogation is passed in both the Houses of Parliament, which Courts hv considered then, What is the problem to Fali ? Does Fali wants 130 crore Indian's to solve/answer Fali's confusion.
Judgement is full of blunders.
Mr Anchor why do u need to review this with a so called eminent lawyer. U have to open ur eyes and change ur mindset and become a nationalist.