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- เผยแพร่เมื่อ 17 ธ.ค. 2023
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In a hard-hitting interview, which is often sharply critical of the Supreme Court’s Kashmir judgement, pronounced on Monday 11th December, Fali Nariman, who is widely considered India’s foremost constitutional expert, has said its “totally erroneous and bad in law”.
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What I understand is that Mr Naraman's brain is more intelligent than five judges' brain & he is realy a bold man to explain the law without any fear.
Terrorist activities spoil everything in Kashmir, Nariman sir should think about it first throw article 370 for country safety and lives of our jawans.
“ Fali Nariman his Supreme Court his True Judgment are India Law “, thanks you
In the coming years, I see chndrachud as a chairman of rajyasabha
You are right
Ohh so he made transition from only hope in India to government agent in one day .... Wow
@@rahuldiwan5583 LL privilege😅
@@abhayjay8391 inke to L lagne hi the... Decision in their favour is independent judiciary's best decision.... Anything goes against them then same judges are corrupt incompetent and under pressure.... And then former judges who were attorney general when most corrupt government in India's history start giving lectures on death of institution
If it really happens Bharath desh will be Very Lucky to have such an Eminent person to occupy such a Post.....
Not just this decision, but many others of the SC is disappointing and is frustating for we, the people of Ibdia. The last independent institution is also fallen down!
Mullas living in their own country. Ibdia
Good to know last institution has fallen... Ab sab haters line me lag jao aur Canada PR apply Karo.... Let us continue journey of making India one integrated developed country....
Karn Thapar aur Ravish Kumar bhut preshan hain. Desh ki sari jimmedari inke kndho pr aa hai.😂😂😂
@@abhayjay8391gobaarrr Tribe
Bogus Discussion. Democracy and constitutional provisions if something can be done
To Rahe country.
Fali Nariman sir is an institution of judiciary, the bench that declared the judgement are nursery students infront of him
That's a LIE propagated by political hackjobs! Fali Nariman is just a lawyer....he'll argue whichever side pays him to do so.
Read India's Constitution. In 1965 itself it was amended to establish that the Governor can be deemed as Sadar-i-riyasat and can act in the absence of Legislative Assembly.
Kyun
What about Harish salve endorsing the abrogation, he is also an institution of judiciary. Fali is a congressman.
@@navneet2415 Harish Salve is a vainglorious and compromised man. Ask any substantial jurist.
You’ve taken a stand as a typical Islamist rather than a patriotic Muslim!
Very comprehensive interview with precise questions and remarkable answers. 🙏
There’s no Institution without a price today, finally 😢
Every decision “politically welcome“, but “constitutionally flawed” !
Every major recent decision in the recent past consciously impotent finally. Wolf in sheep’s clothing is worse than the wolf itself.
What the patient insisted, the doctor delivered.
The underlining fact is that, there is no legislative assembly is existing, how can the consent can be obtained. It has paramount importance to conduct election, after dissolvement, withdrawal of support of coalition Govt. They didn't have given the opportunity to proove the majority on the floor. Unanimously dissolved the Govt functions and Government rule imposed. This is not the practise followed in all other states. Altogether, its a mess of affairs created to make amendment of laws and finally moved to abrogation of Article.
Knowledge is power.
Sir you rightly said,
" Politically it is correct but constitutionally not"
That's a LIE propagated by political hackjobs! Fali Nariman is just a lawyer....he'll argue whichever side pays him to do so.
Read India's Constitution. In 1965 itself it was amended to establish that the Governor can be deemed as Sadar-i-riyasat and can act in the absence of Legislative Assembly.
Current chief Justice in Babbri Masjid verdict said that their is no proof for temple but it's people believes that It's birth place of Ram and hence Masjid must be handover for temple, same justice now saying bifurcation is wrong but canceling article 370 is okay, during British Raj, British always said Brahmin judge's in India are not faiful to laws but they are faithful to their caste and their thoughts society
A Muslim found out the artifacts.. check kar be.
@@jitkr1489
There is law and constitution but you won't honour it if it is difficult. It needs courage and honesty to implement. Democracy,rule of law constitution are all Masks for them to be fooled someone. They are cheating themselves only
He is the epitome of constitutionalism.....hope he'll remain as charming and sharp as he is today for a long long time !
Very accurate in conclusions
One of the biggest unlawful judgment by SC in history.
Sharia Law is the Best😂😂😂😂
That's a LIE propagated by political hackjobs! Fali Nariman is just a lawyer....he'll argue whichever side pays him to do so.
Read India's Constitution. In 1965 itself it was amended to establish that the Governor can be deemed as Sadar-i-riyasat and can act in the absence of Legislative Assembly.
@@pure_KAFIRYou need to restore your memory card
What about waqf board and dariya law 😂😂😂
@@Usernew54 he will restore his memory card after you find your missing 🧠... But hurry up it's long time missing so they should not declare it dead and claim insurance... Anyways funds are short so crowd funding is being asked
Thank you sir for this interview. May God save this country.
This legal expert seems delusional.
He is saying it is an extremely bad judgment, but no precedent will apply, but precedent is the very basis of common law judiciary.
He's confused.
Exactly. What stop's the govt. from using this on other states? Absolutely nothing! We've set an egregious precedent that spells anathema for federalism in our already fraying polity. God save the constitution.
Such a kind of discussion is much needed. We all must read and understand the constitution at least those articles which we read in daily newspapers.I am afraid the upcoming generation will not be able to experience such discussions.
Your are right.
You all are in contempt of court now.. game is over.. stop crying and move on in life .. educate yourself get a job and contribute positively to the world. Stop this jeehad business
I’m afraid that New Generation is loosing that “critical thinking” trait because asking questions is getting degraded day-by-day.
@@zaries66Hahaha bhakt talking about something he doesn’t know a thing about…..
Why not for other states? Why for J&K only? Perhaps the state is Muslim majority state and the step taken only to gain votes from major community as so many incidents proved that BJP regime wants kasmir not kasmiri peoples.
We are always with neutral and intellectual media and Karan Thapar ❤😂🎉😢😮😅😊.
Karan Thapar and neutral(nowadays)?------!
@@rajeshwarpandey3926No! Not because he is politically inclined himself but because he is working for the wre.
Refreshing interview Thapar Sir 🍃 thank you, to your honorable guest Fali Nariman Sir, one of INDIA's finest... Stay blessed Sir. Happy Holidays to both of you & to your viewers.🇮🇳🙏
Fali Nariman ji ka last me point bas itna tha ki dusre states ke sath aisa Central govt nhi kar sakti. Lekin wo bhool rhe hain ki is govt ne sare kam wahi kiye hain jise kaha jata tha ki aisa nhi kiya ja sakta. Jab koi sarkar besharmi, Hitlershahi par utar aaye aur usne sari central agencies, media ko apne kabje me kar rkha ho, sath me Courts par bhi control ho to wo kisi bhi besharmi ki hadd tak jakar kuch bhi kar sakti hai. Is precedent ka example lekar bilkul dusre states ke sath aisa kiya ja sakta hai. Jab tak use SC me challenge karenge, decision aayega usme aise hi 5-7 years nikal jayenge aur us state ke sath bhi yahi kiya ja sakta hai. Manmani krne ke liye bas bahana hi to chahiye. Rules me herfer ko allow to pahle hi kar diya.
But the thing is why r people voting them?
@@user-mr2wl5ge7s Dharma ke nashe aur parpeeda ke sukh ke aage sab fail ho ja rha hai. India me log Hindu dharma aur Bhagwan Sri Ram aur dusre Bhagwano ka sirf naam japkar fayda lene me yakin rakhte hain. Unke aadarsho aur shikshao ko real life me sahi se follow krne se unhe koi matlab nhi. Samaj ke is dogalapan aur swarth ki wajah se hi ye itni aasani se BJP ke paap ke mohjaal me fans gye. Jaise hi idealism aur real shikshao par aayenge sachai dikhai Deni lagegi. Kyuki BJP ne TV news channels, newspapers, social media sab par kabja kar liya hai to in sab jagah se lagatar apna farzi propaganda aur jhooth ka jaal failaye na rhe hain. Logo ko thamkar sochne samjhne ka mauka hi nhi de rhe. Sara prabhav issi ka bnaya hua hai. Jaise hi in sabse inka control hata hafte mahine bhar me bharbharakar gir jayenge. Isiliye ye satta Jane se itna dare hue hain. Jante hain itne paap, kukarma, kaand, corruption krke baithe Hain sabki pol khulegi to janta daudakar maregi. Tabhi ab jakar mob lynching me aajeevan karavas ya maut ki saza ka pravdhan laye Hain. Nhi to bahut pahle hi le aate. Khud ke bachav ke liye laye Hain jisse koi vidroh na kar paye. Desh ki bachane ki ye ladai seedhe janta ko ladni hai. Ab opposition ke hath me kuch nhi rah gya. Wo bas ek medium ban skta hai. Janta Germany ki tarah barbad hokar hi samjhna chahti hai to fir wahi bhugatkar khush rhe....
Please call Kapil Sibbal for discussion on judgment of 370.
He has already said that some cases are meant to be lost.
@@sureshrao2695What he meant was India is a lost cause. India should be divided into 29 different states because that is nature.And India is ignoring its minorities, specifically muslims. India needs sharia law where muslims are majority. That is true secularism
@@knc2111mf is on copium
@@knc2111 May be it is a lost cause for you asyour country us fast going down the tube. Now Kashmir is fully integrated with India, We need to get back POK, Gilgit-Baltistan and liberate Balouchistan
This man is Great.
Does it mean that the entire supreme Court bench headed by CJI has totally erred in declaring Abrogation of Article 370 is in order without even knowing the basic constitutional aspects of what needs to be looked into???? This is too shocking indeed....... Seems Without the concurrence of Legislative Assembly this cannot be done, most horribly the ASSEMBLY didn't exist at all ... .. 😮
That's a LIE propagated by political hackjobs! Fali Nariman is just a lawyer....he'll argue whichever side pays him to do so.
Read India's Constitution. In 1965 itself it was amended to establish that the Governor can be deemed as Sadar-i-riyasat and can act in the absence of Legislative Assembly.
Personally I don't support 370 judgment at all. Its intentionally step taken by majoritarian government but in haste. but the reason I could think of is as below
Even 5 bench knew that abrogation is unconstitutional the way it was done. since J & K is internationally known issue they decided to support the government. suppose they declared abrogation of 370 as unconstitutional what would have happened. it would have proved Mufti and Abdullah gang right. and they would have become more vocal against Indian Union and supporting secessionist forces in the states for their own political motives to stay significant in the state, not at all good for Indian Union. International agencies would have pressurized India immensely at their will. Have you heard phrase washing dirty linen in public (to avoid this) I think bench wrought this bad judgment.
@@Bill-tb1mu Read the fricking judgment on why 5 SUPREME COURT JUSTICES concurred on their verdict. Lawyers are paid to argue one side....irrespective of merits...often lie. This Nariman geez3r is also LYING!
Read India's Constitution. In 1965 itself it was amended to establish that the Governor can be deemed as Sadar-i-riyasat and can act in the absence of Legislative Assembly.
@@Bill-tb1mu Now it is even worse. People might have lost faith in every institutions of India.
Please convert all states to union territoriy.
Now petitioners will have to go for review.
And i personally feel sc made a blunder of judgment..
No blunder. It is a milestone judgement by SC so far. Any state's people who genocide its own 5 lakhs people ( Pandit), by using its constitutional special status ( 370) wants terrorism & taking help from enemy country Pakistan for parting from India, why not any stable central govt & SC of any country should revoked their special constitutional status?
Thank you very much Thapparji & Sir Nariman on this excellent discussion....
SC has fallen in Their own Loop
Godhi Court.... 560 inches lap can accommodate something more
That's a LIE propagated by political hackjobs! Fali Nariman is just a lawyer....he'll argue whichever side pays him to do so.
Read India's Constitution. In 1965 itself it was amended to establish that the Governor can be deemed as Sadar-i-riyasat and can act in the absence of Legislative Assembly.
This interview can be "exhibit a" for law schools to show how much even legal judgement of eminent jurists can get colored by affective disposition and normative theory. Just because one feels good or bad about something that should not be the basis for evaluative judgement.
Today giving judgements against Muslims is d order of d day. Travesty of justice at d hands of chief justice of india Mr. Chandrachud with d bench of others "smells rat". This is Surprising as it looks like d judgement on Babri Masjid.
Respected Nariman is reoeatedly saying near the end of the interview that this was a temporary article. One question still was not discussed in this interview is that whether the article was really temporary. In Karan's earlier interview (of Dr. Faizan Mustafa in 2019), it was strongly asserted that this article was not temporary.
Faizan Bhai is biased and wrong.
@@ganeshdore: I think d indian govt is biased towards Muslims from day one.
First it annexed J&K, as tho it was their fathers property, w/o d consent of it's people. Further d annexation is illegal as per UNO. Not a single country recognises J&K as part of india not even UNO.
This is a dispute to B settled by PLEBISCITE. Govt of india led by Nehru promised d Britts to hold Plebiscite in J&K n Junagadh. Vallab bhai patel held plebiscite in Junagadh BCZ he was sure people will vote for india, he never held plebiscite in J&K BCZ d vote wud B in favour of Pakistan. This is outright forceful occupation w/o d consent of its people. Same was d fait of Nizams State of Hyderabad thru Army take over.
If this is not "At d point of a gun" state terrorism then what is.
So it's clear govt of India is BIASED towards indian Muslims.
When India went to UN and under Article 253 India herself put sovereignty subject to plebiscite as per UN resolutions. Hence when sovereignty is under dispute how can any amendments be done till Article 253 which parliament has passed and is part of constitution. SC did not take for clarity how it can ignore UN resolutions wherein India accepted that sovereignty of India is not final till Plebiscite is conducted
UN?
The resolution of UN is buried and over as plebiscite could not be done due to the terms laid down by UN for it was violated by Pakistan which did not pull out their troops for plebiscite to happen,. the first requirment of the resolution .Later on the UN resolution became immaterial in the presence of Shimla Agreement between India and Pakistan as it says,the J&K issue will be decided by the mutual discussion on table by both countries only further.
The introduction should be "Hi I am Karan Thapar, the unofficial spokesperson of Pakistan Ministry of External Affairs"
If they by the statement of Shri Nariman ,can anybody not challenge the abrogation of Article which dissolve.the power of J&K.
What we see here even 5 judge constitutional bench erred in unders of the law and its provisions with such flawed judgement God can only save this country .
Once again this judgement on 370 we may witness many in Rajya Sabha or somewhere like NHRC etc for post retirement honeymoon... like the Ayodhya dispute recently...
2 brown sepoys . The will of the people as represented by Parliament is supreme. You can’t have an article brought in by deceit in the first place continuing to remain even if the people of India wish otherwise .
Good discussion on Abrogation of Article 370
India has to cry soon with Supreme Court of the country joining the league of Modi's cheerleaders.
The S C has punished the people's of jammu and Kashmir for not supporting the wrong doing of B J P government at the center.
Wait POK will get justice very soon from Neharuvian Blunders😂😂
So what happens now. The Central Govt with the concurrence of the Judiciary can - say change all Southern States to Union territories. If can be done with all the special constitutional provisions that Jammu and Kashmir had been afforded, what prevents the Central Government from converting inconvenient States to Union Territories which are not bound by the same rules as that for a State? I am not a lawyer, but I wonder why this has not been discussed.
Bjp will win Tamilnadu, Karnataka .. Kerala. Telengana... Andhra.
Don't get frustrated
Fali is fabulously clear even now at his age. It was always a pleasure to hold conferences with him. He was always prepared and sought answers to questions on which there was some doubt.
I had great respect and trust in Supreme Court of India until the day they pronounced their erroneous judgement on Article 370. I wonder whats the difference between Indian and Pakistani courts.
It’s very unfortunate that Supreme Court has given wrong judgment on abrogation of article 370 and support central government for their wrong doings
Supreme Court judgement being roasted to the point of being burnt down. What a shame for CJI.
That's a LIE propagated by political hackjobs! Fali Nariman is just a lawyer....he'll argue whichever side pays him to do so.
Read India's Constitution. In 1965 itself it was amended to establish that the Governor can be deemed as Sadar-i-riyasat and can act in the absence of Legislative Assembly.
Thank you Karan for this interview.
This is not surprising. Quite a few of the SC's judgements have been questionable and puzzling in recent times. This is strange when viewed against the backdrop of a court headed by CJI Chandrachud, a judge known to be of great intellectual calibre and a proclaimed commitment to human rights. He seems to take with one hand what he gives with the other, and the net result is zero, or even negative when you consider the implications of the judgements on the present and future generations. It is hard to believe that the collective wisdom and knowledge of the authoring judges resulted in this "erroneous" judgement. This is no error. This is a sophisticated bypass operation by the SC to give in to the government without having it seen to be a surrender. There is a palpable and justified realization among right thinking citizens that the SC has been cowed down by the fascist and evil BJPee government. Hence the erroneous judgements and the decisions where the court says "we will decide this later and in the meantime let things continue" which in effect allows bad laws to continue and repression to be justified and intensified. The SC seems to have forgotten the abjectly rude and arrogant threats thrown its way by the previous Law Minister, as well as questions on its integrity by other BJPee functionaries. It should have stood up and asserted itself, but instead it has caved in and on the most important issues it rules in the government's favour, perhaps so that it can be "allowed" to rule against the government's chicanery on issues that are of lesser significance for the liberties and rights of the citizens. The CJI's father had gained a certain reputation during his tenure of being compromised, and the present CJI might do well to think about how he wishes to be remembered, and whether the people will smile or sneer when his name is mentioned in the years to come.
This is the same guy who argued in favour of Union carbide in the infamous Bhopal gas disaster case.
GREAT JURIST OF THIS ERA
Excellent discussion & more enlightenment. Thank God someone like Fali Nariman is there to critically explain, though SC may not review its verdict. But what is done is wrong and unlawful. Same thing happened with Ram Janma Bhoomi case.
Absolutely. In Ram Janmabhoomi case, the SC helped the BJP in snatching the mosque site from Muslims.
There's a 3 year old clip of Fali Nariman on CNBC-TV 18 where he stated that there's a feeling of resentment in the country that some special provisions have been SMUGGLED into the constitution, and he gave the example of Article 370.
Justice Rohinton Fali Nariman said three days back that the Article370 Verdict is a "Tremendous Attack on Federalism". Fali Nariman here in this interview doesn't agree with that at all.
So far, so good. Legal minds having opinions and backing them up with their arguments, though they may be diametrically opposite in the case of this father-son duo.
As you mention the Ayodhya Verdict here, do note that there's a 6 year old NDTV clip of Fali Nariman titled "A priest will head UP, Beginning of a Hindu State".
Justice Rohinton Fali Nariman, the son of Fali Nariman was ordained as a Parsi priest when he was 12 years old and wrote a book in 2016 about contemporary Zoroastrianism.
Interestingly, there's a 10 year old NDTV clip on Fali Nariman that's titled, "I lose more cases than I win".
Nothing is final here with the commentary of the Narimans except that the Supreme Court's Verdict is final, and binding.
Everything else is hair-splitting.
All I can say is that the Narimans, like so many others, are in the process of coming to terms with what's happening now in Naya Bharath.
@@user-rg7jt4xp9y But everything is not hunky-dory in Naya Bharath.
@@mdiqbal68 Was it in Purana Bharath? What if the electorate return the present government to power? Would you agree the electorate sees something good happening now that you probably don't?
Can we be objective about this?
Like, not rhetoric, but data.
I say it's better.
You can have your opinion, though.
You got your vote too, by the way.
So, all good, I guess?!
@@mdiqbal68What about the previous muslim rulers who snatch our land to make mosques??
Mr. Fali Nariman has the right attitude to controversial issues. He does not take any ones sides and just calls a spade a spade and nothing more. First rate professional to emulated by all professionals in any field.
Respected sir please make a entervue for options save india 🇮🇳 and court 🙏 law system
ALL OVER THE WORLD = NATIONAL INTEREST IS UTMOST PRIORITY ( EUROPE, FOR EXAMPLE...)
THINK ABOUT IT
TODAY'S YOUNGER GENERATION IS FED UP WITH WITH SEPARATISM... EXCEPTIONALISM...RESERVATION...
PLEASE PLEASE WE WANT ONE INDIA FOR ALL.
WE DO NOT WANT TO SEE DIVISIONS AGAIN. STRESSFUL FOR US
OUR COUNTRY LOOKS UNDEMOCRATIC AND REPULSIVE ABROAD BECAUSE OF SOME SELFISH BIGOTS!
We in Kerala very well aware that our forefathers given consent of accession to join the Indian Union as per the guarantee provided under the Constitution. If North Indian hegemony try to bulleork their Gobar here we are ready to part away.
Res SHRI Karanji, we suggest and request and support you fully to kindly call all ex judges and intellactuals regularly on your programmes continuously till 2024 so people will realise and throw this unpadh dictatorial BJP govt.
We need more people like Fali Nariman and Karan Thapar
Hope CJI Chandrachud & his team of judges has watched this discussion....it's really shameful indeed that CJI and his team has let down the people of this country......hope better sense prevails with CJI and his judges.....
They are afraid of jumla bhazi 56 and tadipaar goondas ,who will give protection to them, will you give protection to them see what was done to former Gujarat minister they knocked him out
One of the greatest jurists of the world.
The people of Jammu and Kashmir are happy. Thus, this lawyer is wrong in his judgement. The constitution is for the people.
Who told you so? Who did the survey?
Please take survey
Why people's of ladakh and j&K
Demands state back
And land/jobs protection
Why Sonam wanchuk house arrest in 2022
Why on day of sc verdict all politicians from both jammu and kashmir decision house arrest
Why 144 impose
Why when youth from last year prost for paper leak all are house arrest ?
Is its democracy you impose president rule for 1.5 year
First dissolve state govt
Then divide state in 2 UT without recommendation constitute assembly
Who gave the power to governer to declare himself constitute assembly
Similarly constitute assembly of india was dissolve 1951
Is president has power to declare himself as constitute assembly of india ?
Ofcourse not president take oath and acted under the constitution of india
Absolutely wrong people of jk have been silenced
@@tttreksandtalks9194I have seen many interviews with the ordinary people. They particularly the women are very happy.
@@aftabahmadshiekh2027 nobody is silenced. The people of Ladakh has the right not to be ruled by the Muslims from Sri Nagar. The people in Sri Nagar is happy that they are free from these two families.
ThanksVeryNuchToYu.Mr.KiranThapa*
Karan Thapar Sir,I love your impartial interview which goodself is taking from the Prominent Law knowing personalties and High profile persons.I respect your capability.Almighty Allah bless you.Long live respected Karan Thapar sir.❤
कोशिश तो बहुत की गई की इस जजमेंट को कलंकित करने की बताने की लेकिन नरीमन सर ने उसे सिरे से ही नकार दिया, जिसके लिए उन्हें मेरा प्रणाम
Power to impeach judges must not be with the Parliament,instead it must be through jury consisting of senior judges of all high court and supreme court
Judges & Lawyers, all are attached to party or selfishness hence we can't find truth manpower any department.
This is " Ultra Vires" not " Ultra Virus" . This means beyond the power
Anyone who respects the sovereignty of Bharat will respect the SC verdict because everything else is inconsequential. This is not the time to split hairs - why didn't these old men share their views with Kapil Sibal?
Respectfully disagree with the judgement of SC.
This is bad in law.
gives free hand to union government to do whatever they want.
The biggest question before The Supreme court was whether the union Government had power to convert a State into a union territory under article 3 of the India constitution.
Unfortunately Supreme court is silent on this issue
The reason was SG. given assurance that Statehood will be restored in time-bound manner.
Karan tried very hard to put his words in the mouth of Fali Nariman..... Brazen
Politics can never trump a sharp legal mind! Mr Nariman is brilliant jurist and has questioned the Supreme court judgment with sound arguments
Article 370 has to be passed through Assembly as other articles were also passed by it. You have passed the article 370 without the support of the people of Kashmir then how you think that there will be peace in Kashmir
very educative and informative. can the parties seek revision by a larger bench ?
We begin to understand what is meant by due process
An ordinary legal person also understands that the judgement was erroneous and inconsistent with the existing constitution.
I understood first time about Article 370. And judgement about abrogation of 370. Thank you Sir Nariman sir and Karan Thapar ji
Fali Nariman Sir has given an absolutely right opinion on the Constitution Bench Judgment on Abrogation of article 370.
When the article 370 was introduced I think there was no parliament in Kashmir thus abolition of 370 does not require any permission from the Kashmir Parliament. Now J& K is once again a state. Thus where is the problem?
FACT CHECK :-
From Min.16:07 to 16:20 it has been contended by Shri Nariman Ji that under Article 3 of the Indian Constitution, no express provision has been provided for the deduction of State into Union Territory but, if we see explanation 1 of the same article it is written that, in Clauses (a) to (e), "state" includes a union territory.
Under Article 3(a) it is stated that the new state can be formed by following conditions which by the explanation 1 of the same article means Union Territory can also be created.
Kindly Check it.
Can we expect the Hon'ble Supreme Court to suo moto review its judgment?
Very informative session. One the one hand Shri Nariman has found errors in this judgement ,, on the other hand he also makes it clear that this will not imply to other states.
when we have one of the best constitution in the universe, we cannot rule the country like a ruler of a kingdom, such tinkering can be dangerous for our future, when there are different political parties in governance & wants to act as they feel was correct, citing the above tinkering, while people were standing in their balconies, bajaoing thali. after the above ruling!
The Whole structure of India fallen down, after last rays of hope from SC, which now fallen down. No hope for justice to peoples,
Really you provided a great and actual knowledge about abolishing Article 370। Really a complete violation as there was no legislative assembly
When your resolve is firm and intention is clear ( to do justice with one's job), mind becomes clear automatically. When mind is clear, vision becomes clear. And when the vision is clear, you come to sound judgement... Sadly, it appears things became complicated for the SC from the point A.
After a pause watching the full episode of Karan Thapar. Really fruitful
यदि नेहरू धारा 370 के लिए जिम्मेदार थे तो निश्चित रूप से नेहरू के कारण ही जम्मू कश्मीर भारत का हिस्सा बना...कृपया इसे न भूलें "".,
Greatest interview of all time.Hats off to karan sir and fali sir.I hope today people of India who were happy on downstating a State and reducing kashmir to union territory and supreme courts ignorance on the same issue and amending bills without our legistative assembly is quite enough to think where as a nation we r going 😫
Two makkaris equal one right . ( Kinda like two wrongs make a right )
@@ganeshdore sir can you elaborate
@@burhanusuf9856 If there a specific query .... on 370 , ..I can try and reply.
जिनको मन मे विरोध है ॥ उनके लिए मेरे पास कोई जवाब नहीं है
Constitution is clear , President has Power , and Lok Sabha / Rajya Sabha in agreement .
Nariman dissent is paid propaganda. Soros Bharat Tukde Tukde Eco System.
Braised view
Biased ?
And that spineless and headless head of present SC is hailed as the legal luminary!!!!
The name CC makes my stomach churn with revulsion because here is a man who is called a legal Pandit but his behaviour is that of a spineless submissive servent of an authoritarian executive head.
Art.3 does not say more than one UT cannot be carved out either! In this case even after creating two UT's there are still territories of POK and Gilgit which are officially part of the erstwhile State of Jammu & Kashmir ! So technically there is still a State of J & K!
If as the court says Yuvaraj KS had given a proclamation accepting the constitution of India ( read para-140) then Art 370 was a dead provision even as on 26 Nov 1949. Till that date India by virtue of IA had no legal right to approach UN or agree with plebiscite ! One does not know UN even entertained the India's or Pakistan petition.
I would have loved to hear more from Mr. Nariman. I believe the questions from Mr. Thapar should have been short and the explanations from Mr. Nariman long. Instead it felt like a cross-examination where the interviewer required yes or no from the interviewee. Nonetheless, it was a good interview. I enjoyed listening to Mr. Nariman’s marvellous explanation.
Highly obliged nd thanks
The true real voice from our times,loads of love and respect from us kashmiris.Thank you karan for being the voice❤
Karan is a flop journalist.. good luck if he is your voice
Strange. The court seems to have come to an agreement with the union govt and then gives its reasoning to give a favorable judgement for the govt
Parliament had already passed resolution that Jammu and Kashmir is unalienable part of India. When the instrument of surrender accession signed by Raja Hari Singh, sovereignty of Jammu and Kashmir is lost. All must read supreme court judgement in full.
It should go to an international court not to Supreme Court it is an allegation on a contract between two countries, not to a country where everything including judiciary is biased
Present godi media and this kind of discussion 😭😭😭😭😭. This can never happen
Political leaders can guide judiciary & administrative in the labour surplus democracies nation of the world...!!!!!?????
Will such erroneous decisions impact the credibility of INDIA🇮🇳 in the eyes of the World?🙏
No, it will prove that Hindutva is running the country .
Wow !!! One of the best interviews and very much needed for the nation. Respect Wire and team.
Wish Mr.Fali Nariman was the cji in these trying times sir.
Had Nariman thought so highly about this subject, he would've appeared before the Supreme Court for agruing this case. He didn't. Now sitting in front of no less than a crook, he starts criticising the judgement, most propably without reading it. Shame on Nariman!
5 glaring points of my humble disagreement-
[1]Art.3 does NOT permit carving out of 2 or more UTs from a state UNLESS the original state retains statehood - this is NOT allowed even for a split second-no quesion of waiting for reversal until Sept.2024.Striking down & backdated reversal was hoped for.
[2]Not adjudicating upon whether circumstances prevailing at that time [June 2018] mandated a Prez Rule u/s 356 when an alternate govt staked claim to form govt & guvnr ignored the claim. The clandestine controversy, the malafide intent b/h jailing local leaders and coercive use of power, curfew, 10000 soldiers marching into the state - the motive & intent is all ignored. The question if all this was deliberately done to abrogate A.370 is not adjudicated upon. The blatant lies of the HM in Parliament saying that Sheikh Abdullah is not under house arrest. Motive & intent behind all this deception?
[3] Whether Prez can take irreversible and/or legislative decisions using power obtained by virtue of Prez Rule u/s 356 ?
[4] 370(3) cannot be used to abrogate Art.370 in the absence of a recommendation from the SAME Constituent Assembly of JK [that existed at that time, & which has long since been dissolved and which cannot be recreated ever]. The provison clearly mentions a timeline to effect that - provided a recommendation from that Constituent Assembly as mentioned in (2) above, IS REQUIRED BEFORE the Prez can make such a proclamation. This is an essential precondition clause stipulating that in absence of such a recommendation, Prez [who incidently derives his/her powers from the Constituition of India and who pledges to safeguard the Constituition during his tenure] SIIMPLY CANNOT issue such a proclamatiion.
[5] Use of multiple proxy arrangement by GoI to transfer the power to State Legislative assembly to governor and then to Prez and Parliament reeks of malfeasance and malafide intent on part of GoI at the death knell of federalism - whereby the will of the people of J&K is totally and ruthlessly crushed!
By the way the maximum period the Union Government can keep a full-fledged state under it's rule is 1 year.But in the case of J&k it has been without a legislature for nearly 5 years.
On the next day when Chief Justice Supreme Court of India issued judgement upon Article 370 abrogation upon State of Jammu and Kashmir,I have submitted comments that judgement is not based upon Truth , but it has been issued only to please Modi and Modi govt . I have clearly mentioned that Chief Justice has lost his temperature while delivering the judgement . I have commented which became true that when there was a hearing before the Chief Justice relating to Delhi govt and the Governor concerned . On that day Chief Justice used word , BUCKING , which revealed that Chief Justice himself has realized that he has lost his courage , character and ethics while delivering the judgement on Article 370 abrogation . But according this thing has not been happened for the first time . While Manipur was burning , hundreds of meties community fellows were assassinated , gang rape of meities women , naked parade , and so on , but Chief Justice deliberately refused to hear the Manipur burning case upon urgent hearing . I am personally of the opinion today that Chief Justice has lost every thing in his domain , and this thing will disturbed his own character .
This is how civilized men discuss
The Constitution should be observed by everyone.
mr. fali nariman is very scientific in his thinking, which is very rare in india, and refreshing.
Poor CJ Chandrachud must be cursing for being a Supreme Court Chief Justice.
Even Chandrachud knows being criticized by Fali Nariman and his son Rohiton F Nariman, publicly criticised with legal backings is a big blow for CJ being a fair judge.
Fali Nariman at the end says that the judgement may be politically correct but it is constitutionally wrong and it was for the SC judges to decide it that it was wrong by Modi govt.
Paradox: A grave-pointed finger towards the CJ. It seems that Fali agrees with Modi and Shah for their politics but has objection with SC CJ Chandrachud and his judges. He expected that the SC CJ would be the keeper of the constitution, which they CJ failed.
CJ Chandrachud and his bench of judges did by pass the whole constitution on the assurance given by the Solicitor General, whom he to took for granted.