Doctrine of Basic Structure under Indian Constitution: Madras High Court Bar Association at Madurai.
ฝัง
- เผยแพร่เมื่อ 11 เม.ย. 2022
- Justice Rohinton Nariman delivered a Lecture for the Madras High Court Bar Association at Madurai on the topic - Doctrine of Basic Structure under Indian Constitution in the year 2015.
Justice Nariman has a photographic memory.....he is an enigma in field of law and justice 🙏🙏
Justice Nariman is an institution in himself. There are only a few people who while speaking create a pictorial scene in the Listener’s mind, this talk is one such example.
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Can’t agree more, Thareja Sahab
@@abhishekbhushan32501 k.
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@@AshokSoodSrAdvÀÀ❤
A great constitutional expert and a orator in himself
If Justice Nariman is a typical example of judge of the Supreme Court of India, we can be assured that Indians will have justice and the Indian Judiciary is in very safe hands
Hahaha millions of pending cases and justice is safe in their hands?
The SC has less than 70,000 cases pending@@yushpi
Hon'ble Justice Rohinton F Nariman is a Colossus of Law.
His mammoth memory is unparalleled.
His speeches are mesmerizing.
His knowledge of law is unmatched.
He is a Genius.
He is a living legend of law.
Syed Naqvi
Advocate
Supreme Court of India.
But his little understanding made his retirement good riddance... Memory is a virtue in KBC... even though I do not agree with your opinion.
Most certainly a misplaced understanding of Justice R.F. Nariman. Enlighten us why. @@sasikumarn5786
Hon'ble Justice Nariaman is very knowledgeable personality that the legal profession was blessed to have, the way he explains the matter and connects the historocal background is extraordinary. A true Legend.
Absolutely stunned by this man's brilliance. Hats off!
His physical similarity with Dr. B. R. Ambedkar is not just an accident if we know similar his intellectual caliber.
Jai Hind 💪
Our politicians from Panchats to state govt to Union govt in Delhi loot thousands of crores every day. But if same politicians to be given same posts in USA or EU, they cant loot 1 $. how? Even if caught none punished. Every one set free for "want" of evidence. Is this "intellectual calibre" of great constitution makers?? Worst constitution of the world.
Justice Nariman and TN Seshan are exemplary public servants. We need such people more than ever, in this modi raj.
Wow... Fascinating lecture. One can only wonder at the wisdom and far sightedness of the founding fathers of our constitution. And of course the wisdom of the judiciary who subsequently have stood as the able guardians of our Constitution. 🙏🙏
What an interesting discourse on Indian constitution. For students of political science and law Justice Nariman's lecture is a feast. Long live his reputation.
Rohinton sir is always eloquent & erudite. Very few in India can match his acumen in India.
Absolutely fascinating...For a person like me , who is not lawyer , it smoothly explained the most important part ..' basic structure ' i have no words to express my gratitude...
its like wisdom is flowing to all direction, huge respect for you sir. you are an institution sir.
All that you can't leave behind...Remembering the Album by U2.
Justice Nariman, brilliant as usual 😇
I was lucky to have met Sir on a few occasions for legal conferences at the Hon'ble Supreme Court of India .Saw him arguing before Ld Judges....there used to be lightening and thunder of greatest advocacy..
Great salute to Justice Khalifullah, honest, upright and great judge,
Justice R.F.Nariman is Always Excellent And Greatest Great personality. Thank you very much Sir.
If they ever make a biopic on Justice Nariman, I'm sure it'll be Boman Irani playing J. Nariman.
What a beautiful thought provoking lecture! Really impressive. I recollect the saying ' kingdom of thought is a proud aristocracy '
His Excellence Justice Nariman interpretation had been made on Constitution basic structure tremendous changes will be made judicial knowledge.
Thank you very much, Sir for elaborative, clear and comprehensible speech. You are Legend.
Gem Of Legal Fraternity...!
We are looking for more videos from you.. outstanding legal expert in history.
Fantastic lecture on Basic structure. Justice Narimans' understanding the provisions of the Constitution is unmatchable. India is great to have this type of legal luminaries. Jayaram
Excellent lecture even a layman like me can understand and thank you sir, your explanation on preamble and basic structure brilliant, must watch...
God Osho of legal fraternity Justice Nariman at his best. 🙏🏻
The Constitution of India is the foundation of our beloved Nation, it gives rights, dignity, Liberty freedom and privileges to every Indian irrespective of religion, race , language, colour, some vested interests whoever want to tamper, modify , dissect with it must be sent to either Pakistan, Afghanistan or Somalia for life. ,
Always a great pleasure to listen to Justice Nariman
Tremendous memory delivering in systematic way
Thank you so much great Sir.Simply stunned by your mastery over the subject and the flow of unhindered oratory.
I understand you highlighted also democracy and unity in diversity in our constitution as part of basic structure. Thank you again.
क्या गजब की मेमोरी है वकील साहब की वाह वकील साहब, धन्यवाद 🙏🙏
इसे हिंदी र्टान्सलेटमें सुनने की इच्छा हो रही थी
Thanks to the most respectable sir...
Great Lecture ! We cannot help but marvel at the due diligence, foresight & vision that the framers of our Constituition imparted to it thru extensive analyses & study ! Perhaps, we can think of the basic structure of the Constituition as the soul & spirit of the Constituition - the basic tenets, founding principles, intentions, motivations circumscribed in the overall situation [geo-political, socio-cultural, demographie etc.etc.] contemporaneous to the times it was framed - with an eye to the future ! The fact that substance supercedes just form !
The capacity to change gives it the required flexibility & resilience to adapt to the future ! That the route to change it is not easy - ensures that it cannot be altered to suit the whims, fancies, idiosyncracies, personal preferences & interests of future governments, unless support of a large polity is garnered thru ratification by the states ! Government - For the People, Of the People, By the People !
Vanakkam thank you . very nice orator on law experience makes him so befitting to be righthood.
Wonderful lecture!! Eloquent and insightful.
Every Constitution has a basic structure.
A heroic effort to glorify the indefensible! 👍 for that Mr. Rohinton.
Waah judge saab maza aa gaya👏👏
profound and worth hearing many times
I am proud to say that Judiciary system from British dynasty to Indian republic constitutional law brought so many lawers & judges both are equality in maintain the real judgement to public concerned only on merit. Later people enter the bar Association by fluke & cruke method. Doing nothing but voting to select their chairman who no wonder abide by the judgement without any solid argument.
The court has said the basic structure is un-amendable yet, I am unable to discover any decision which uses the basic structure to strike down any state action or any contract for illegality.
Wonderful and nice to listen
Superb knowledge session ..❤❤❤❤❤
How we miss YOUR HONOUR in the SUPREME COURT OF INDIA. 🎉🎉🎉🙏🙏🙏
Great speech!
sir you are a true polymath
Man should be in politics …………Orator par excellence ………Modi govt like Jai Shankar and Hardeep puri should appoint justice Nariman as a law minister
I guess rather than Basic Structure being grounded in the Constitution, we must find the Constitution as Grounded on the Basic Structure. Even if there is no preamble, no specific provisions in 368, all the principles like Democracy, Federalism, Rule of Law etc. would still ought to be read as Basic Structure.
Amazing exposition. Cannot thank the great legal mind enough.
While this Talk by Justice Nariman may be very educative to Scholars of Law; it is extremely enlightening to thinking ordinary Citizens.
This becomes important, living as we are in an 'Age of Experimentation' which may lead to varied results.
Dhanyavad Sir Ji ❤❤🙏🏻🙏🏻🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏❤❤❤❤❤
Great Presentation 💐🙏
fortunately this speech is much informative
Wonderful and it enlightened me.
Just I read legal affairs nd found ur channel
Judicial Reform is a must.
Excellent and true Legend
Thank you very much sir,
Plz talk about abrogation Article 370 , is it not the violation of basic structure, apart from being abrogated without following the due process of law/procedure.
The more & more, I read about the basic structure doctrine propounded by the Supreme Court of India in Keshvanand Bharati & subsequent judgments. I find myself agreeable to the principles of basic structure only to the extent of what Justice Khanna held in ADM Jabalbar Case. Rest is the device enunciated to usurp the power of Parliament i .e. the will of people, which is supreme in Democracy. Lastly, I would like to quote Abraham Lincoln's views on Democracy i .e. " Democracy is a government of the people, by the people and for the people"
Diversity in our dharmic civilisation is reflected in our constitution. Contitution layers must be special breed super beings how they can remember and argue so much of diversity in law😮
Every thing in the world may be explain in favour or against,so sciciarity is the only way to solve any problem.
great scholar...
Well articulation
If I am not mistaken the Doctrine was set by the Kerala Supreme Court in the Kesavanda case. It had become a stare decisis in most countries. Vetri South Africa 🙏🇿🇦🙏
It was set by Supreme Court of India... kerala is a state and states have high court
It originated as a civil WP against Kerala Government s orders in land acquisition case of a Hindu monastery in Kasargod, in the name of its head Kesavananda Bharati in 1970. Kerala Government was a Party to it.
@@jvgeorge1474 You are quite Correct Sir. I do have that petitioner's case. Thank you. 🙏🇿🇦🙏I love the PIL system.
Excellent sir
UPSC aspirant
Judge Nariman, your point well taken if you are able to answer these questions:
1. In a singular view of Upholding the Constitution alone can your put the country at risk of Greater Problems like disinformation by state enemies, disintegration of the country, deliberate demographic change for vested reasons and holding back very necessary measures that are needed to safe guard the country.
First address the correspondence of pending cases, that way people who are aggrieved will get rightful justice and then things will fall in place, more or less.
Why do we have so much nepotism in the highest level of Indian Judiciary?
Do you agree faster disposal of cases (having economical implications) will help economic growth of the nation?
Sir is the Donald Bradman of Indian judiciary. He is a legend in the field. For me there are 2 legends in our field one the great Nani phalkivala and other the justice nariman sir.
I am a layman and am a common citizen. Your lecture was very lucid and simple to understand also provoke new thoughts. I beg your pardon but wish to say to us what matters is the basic preamble. It is our Gita. All the technical discussion harps on the letter and words in various acts. However I feel any Law should address The Pteamble and serve us. What is directed should enhance our faith in enlighten society. Argument should prelude this aspect and serve the ultimate goal of basic structure. Building constructed on basic foundation will collapse if faulty.
Jai hind bharat mata ki jai ho
Very.nice lecturer
He looks exactly like our honourable legend of india Dr. BR AMBEDKAR
Good speaker 🌹🌹🌹🌹🌹🌹
Sir, Review petition has become part of the constitution but rejected. Means?
Why there is cut on 7 minute ?
Sir I had the chance to meet you in a Senior Adv. chamber, where I was an intern. I wanted to ask you this, how can I enhance my legal knowledge and be this enigmatic. As a beginner in this great field, what should be my modus operandi in order to become a great student of law for life.
I don't have Lawbackround but I admired lot the lecture... Whic is excellent really erudite one.
🙏🙏🙏🙏
If the Constituti9n is a Superstructure, there must be a basic structure which should necedsarilly be at the foundation snd the vertical pillars snd horizontal columns. You tinker with any or all of them, the superstructure will crumple. So, the basic structure is scattered throughout the Constitution. As Justice Nariman concluded, we should look for the basic structures not as blind men but with eyes and mind wide open. We will find them.
Sir what is the meaning of Ratification in a simple language
🙏
❤
Save democracy
Nice
Respected my Lord, please explain in criminal law also, it will help me
Sampath Kumar 1986 went against the Basic Structure Doctrine.
Now you have keep pace and follow the latest amendments of the constitution made by the House of People. No individual or the Judiciary is autolised to make laws. It is the law makers in the House of people that legislate. Forget about British slavery now.
Hidayatullah sui generis is like Allah and put forth to protect their religious right. When i see intervention of Muslim and length they have gone to defend their upcoming sharia state, it blew my mind.
सुप्रीम कोर्ट सामान्य आदमी के पहुंच से बाहर है, कानून सरल, स्थानीय भाषा में हो, कोलेजियम खत्म हो।भाई भतीजावाद खत्म हो।
❤ Absolutely brilliant. Hope th foolish Modi advisors are listening.
Supreme Court striking down the NJAC which was basically a procedure for appointment of judges in higher courts, on the basic structure doctrine was wrong. A procedure cannot be part of basic structure. Independence of judiciary is not ensured only by appointment of judges by 5 senior judges in an opaque manner.
Great flow of knowledge sir…
What our esteemed Lordships never mention in their lectures is that India is ruled by exceptions created in laws rather than core laws.
India's Constitution as it stands is the most unprincipled one from anywhere in the world.
One example being this Parsi priest's father Fali Nariman objected to Yogi Adityanath being elevated to Chief Ministership of UP on account of him being a Mahant while him being a Priest didn't come in conflict with the secular constitutional roles he held Lol
Arbitration law .
you look like BR.Ambedkar
A great lecture indeed. Very incisive and insightful.
But “socialist” (introduced in the preamble by an amendment) is not answered by the social justice clause alone. I remember Dr Ambedkar having referred to this word in the debates during the Constituent Assembly and stating “ we shall not include this in the preamble;because even though “socialist” form of government is a requirement now, it may outlive its utility in future and let Parliament/people decide about forms of governance”. In other words, socialist does not allude merely to social justice alone. On the other hand, it has more resonance in matters economical. This point does not detract from my view that the Emergency era amendment was unnecessary.
Put 11/5/2019 ... repeat bansilal
Sir I differ with you, kesavananda judgement was the worst judgement because it implied that judiciary( courts) is final for validity of law but the citizen lost the fundamental right of property and this right of citizen was not protected by supreme court. I ( citizen)fail why my property has to be at whims of court and parliament which I have earned that why I saykesacananda is worst judgement. 7-6 judgement is not correct
My view -- fundamental right cannot be taken by court/ parliament as rights given by God and not court/ parliament
Who gives rights- courts/parliament/constitution or born with gods gift is key question
सम्विधान हाईजेक जनता जाय भाड मे अस्थाई ब्रिटिश कोलोनियल सिस्टम सम्विधान नजरअंदाज। जजो के अनावश्यक डिवेट राजद्रोह ।1950 का सम्विधान अस्पष्ट दूषित ओबजरबेशन डाक्टर अम्बेडकर साहब क्योकि लार्ड माउंट बेटन अन्तरिम सौभरेन भारत सरकार वायसराय ब्रिटिश कोलोनियल सिस्टम अस्थाई वही जुल्म अत्याचार शोषण भ्रष्टाचार अव्यवस्थित अनियमित अनियंत्रित गैर-निष्पादित गैरजिम्मेदार अधिकार अप्रजातान्तरिक केशिकार लोग है।सरकार को sovereignty है सरकारी तीनो तन्त्रो को सन्तुलन बनाय रखे क्योकि सरकार का जबाबदेही है लेकिन ब्रिटिश कोलोनियल सिस्टम अस्थाई अधिकारिक एजेंट आधिपत्य सुप्रीम कोर्ट सञ्चालक बेलगाम अन्तर्निहित अधिकार अप्रजातान्तरिक है।5 crore backlog cases and 17-18 lakh under trial prisoners enfringement of rights of people victims of atrocities exploitation corruption. Complaints of people not to be acted upon. Grievances redressal mechanism is only on papers. Almost all officers working under executive wings are not accessible to people for which they exist and they are not accountable and duty bound.unless new constitution, 2023 setup by Modi Government. All Government institutions are products of British colonialism structured system unbridled power unaccompanied by liability temporarily incorporated in constitution superseded preamble of constitution revealed in PIL No.224 of 2017 0n 10.07.2017 when chief Justice Jagdish Singh Khehar now retired and Justice Dy.Chandra chur now chief Justice are British colonial agents bound to carry out the guidelines of British colonialism to act on imperial power internationally hurting rights of others..
19,07,2017 रिसर्च रिपोर्ट सरकार को सबमिटेट स्कुटनी केबाद मोदी सरकार का सलाहकार विवेक देबराय दिनांक 15,08,2023 को ब्रिटिश कोलोनियल सिस्टम उन्मूलन लोकतान्त्रिक सम्विधान, 2023 का निर्माण का सलकार ऐलान किया जो डाक्टर अम्बेडकर साहब ओबजरबेशन पर आधारित है।
लोकतान्त्रिक सौभरेन गणराज्य भारत सरकार को राष्ट्रपति के निगरानी मे एक आजाद हिन्द नागरिक निगरानी आयोग का निर्माण हो जनता की शिकायत पर सम्बन्धित प्रशासनिक अधिकारीगण तर्क संगत और युक्तियुक्त समय सीमा सुनिश्चित बाउनडेसन निर्धारित समय के अन्तर्गत किसी भी शिकायत का निपटारा करने के लिए प्रतिबद्ध हो अवमानना होने पर सम्बन्धित राज्य के हाईकोर्ट सम्बन्धित प्रशासनिक अवमानना करने वाला अधिकारी को दण्डित करे ।कोर्ट मे केस फाइल करने से जज का आदेश का पालन करने मे 10-20 वर्ष का समय केवल दोनो पार्टी का कागज डाकुमेनट लेने देने मे तारीख पर तारीख वकील जज सरकारी आफिसर सरकारी वकील तैनात जनता को लूटने मे लगे रहते है।सम्विधान सरकारी आफिसर तैनात सरकारी अधिकारीगण बेलगाम जवाबदेही सुनिश्चित नही क्योकि सम्विधान अस्पष्ट दूषित लार्ड माउंट बेटन अन्तरिम सौभरेन भारत सरकार वायसराय ब्रिटिश कोलोनियल सिस्टम अस्थाई सम्विधान के preamble के जगह ब्रिटिश कोलोनियल सिस्टम अस्थाई सम्विधान मे सम्मिलित आवश्यक मौलिक ढांचा structure है जबतक ब्रिटिश कोलोनिय सिस्टम उन्मूलन ना हो।
US’s constitution amendment process is not very workable with its 3/4th state ratification. The countries divide is getting more because of this unworkable amendment process.
He too looks like Baba saheb..
Baba oooooo before him