ฝัง
- เผยแพร่เมื่อ 15 มิ.ย. 2024
- In an announcement with massive repercussions for Jammu and Kashmir, Home Minister Amit Shah announced in Rajya Sabha that the government has repealed Article 370 of the Constitution which grants special status to J&K. The government also decided to bifurcate the state into two Union territories - Jammu and Kashmir, which will have a legislature, and Ladakh, which will be without a legislature. Shah’s announcement was immediately followed by massive uproar in the Upper House with opposition MPs protesting in the Well of the House. Back in the Valley, three of Jammu and Kashmir's most prominent politicians - Mehbooba Mufti, Omar Abdullah and Sajjad Lone are under house arrest amid a massive security-build up in the state. Internet services and mobile services have been suspended in several places and all public gatherings are banned in Srinagar district as section 144 was imposed from midnight. On this edition of The Big Picture we will analyse the implications of Abrogation of Article 370.
Guest Name - Satya Prakash, Legal Editor, The Tribune,
J Sai Deepak, Advocate, Supreme Court,
Rana Banerji, Former Special Secretary, Cabinet Secretariat,
Anchor - Frank Rausan Pereira
Awesome debate and hats off to you Mr J Sai Deepak🙏🙏
Well after this "Art" of legislation it will be really interesting to see its Legal endurance on turbulent water of Indian Judiciary and International diplomacy.
Ise debate nhi ..discussion khte h 🤣
@@bobminion3438 what a line
@@bobminion3438
It will pass the legal test in India and international legality is of no concern to us as it is Indian sovereign territory.
This is so much better than watching the “mainstream news channels” debates. Only information no arguments, potshots and political agendas
no more drama, no shooting to each other and very peaceful and informative channel.
True. A class of its own.
J sai deepak should made permanent on this show . This knowledge is just amazing.
YUP!!!!!
That's true really
So much clarity about the laws and constitutional provisions. Very impressed with his acumen.
Yaaaaa I became clear nly after hearing his speech
If ladakh is kept without legislature due to strategic location then all of the states lying near borders must be without legislature....
1 less chapter in Laxmikant.
1 more history chapter.☺
and 100 more issues with forward and backward linkages.......
It will be added in Laxmikant as new chapter in next update and increase the book price by 150 rs😂😆😂😃
Lol
@Sōñgs Sōldañ hahaha true
I am from ladakh . I am very happy with abolish art 370.
Congrats 🙋
congooooo
Great 🍸
Cheers 🍺
@Edmundadakhi & kashmiris can buy property in rest of India and gujjus cant?
@Edmund super glad govt finally worked against this discriminatory article only now India can truly be one state
Frank is one of the best interviewers who does not jump in but allows the panelists to speak!
Even the guests are so quiet nd composed unlike those who are invited on other news channels 😅
Amen. So true
Can anyone be silent than Arnab...😂😂😂
They all are on same side hence no chaos. Add someone like Shelia Rashid or Barkha Dutt or anyone who is against this change. This conversation will turn into debate.
Sai sir knows its mostly govt aspirants watching. He keeps the topic structured and concise
If that is true it is really sad. Again Indians don't care about anything except what happens in their immediate lives.
@wazinthename anyway I have no problem with aspirants watching it. But ordinary people should also watch just to become better informed and smarter.
Mr Deepak owns the show. I had goosebumps listening to his unbridled knowledge !!
Ya same with me
Here just to listen Deepak Sir :)
Even satya Prakash sir😁😁
Ya
Here comes the J Sai Deepak 🙏🙏
I wonder if he knows every article of the constitution by heart. I'm inclined to think that he does.
Sai Deepak graduated from Anna University with Bachelors in Mechanical Engineering. He then went on to pursue LL.B from IIT Kharagpur.[
I have heard j. Sai argue matters in high court and I must say he is brutal 🙌
@@sachi17007 It shows how learned he is, the way he speaks. Gom pua nasilu baru engg kora Kotha.
@@aimol12345 you mean you heard him personally in court?
Who wants to see sai Deepak as judge of supreme court one day....he will be one of the greatest judges .
I don't want because
1. we r unable to listen his voice in public domain
2.he can't express his views(valuable)
Never. To change the system and its faultie, we need people's in the system and a judge can't make laws, he just obey those.
The implication of Abrogation of Article 370
In J&K due to Art 35A, it was completely a discriminatory regime. It violated the women and also the basic fundamental right of the balmikis who are settled there and also the basic rights of the people who came from West Pakistan.
Art 370 and Art 35A are said to be conjoined twins. Art 35A was introduced in pursuant of the 1954 order and the 1954 order itself stands superseded. Art 35A goes along with it.
The power of the president to introduce Art 35A through his powers of Art 370 was upheld by the constitutional bench in 1961. The Sc held that it is available for the president to invoke his powers under Art 370 and even introduce a new provision in so far as the state of J&K is concerned and dehors the power of the parliament to make a Constitutional amendment UA 368.
Therefore, it is available for the President to revoke Art 35A as well.
What changes now?
Article 370 itself has not been abrogated.
Paragraph 1 in the document says that the Power of the President under Article 370(1) has been invoked. what are purposes-
To replace the constitutional order of 1954 with the constitutional order of 2019.
Which means all amendments to the constitution or all applications of the constitution to the state of J&K under the 1954 constitutional order stands replaced and superseded by the current order.
Para 2 makes it abundantly clear that all provisions of the constitution as amended from time to time shall apply to the state of J&K except for the changes made to Art 367. The byproduct of this art 370 was the creation of a separate constitution for the state of J&K.
Change has been made to the provision of Clause 3 of the Art 370. Till now whenever the Art 370 was discussed the discussion revolved around whether the President can invoke his powers under Art 370(3) to issue a public notification saying that a particular provision will cease to be operative from a particular date. However, it was connected to the provision which said provided that he shall receive the recommendation from the CA before doing such a thing. If the CA ended in September 1956, then there was no question of the operability of that particular provision post-1956. Therefore, a reference to CA both in clause 2 and clause 3 has been replaced with the Legislative Assembly of the state.
Entire Art 370(1) refers to the govt of the state and the govt of the state has been interpreted wl this while as a reference to the Governor of that particular state acting in the advice of the Council of Ministers.
Effectively Art 370(1) has been taken pursuant to the power of the president along with the concurrence of the state(governor) and therefor entire C has been applied.
Art 370(1) has been used to render the C of J&K redundant.
Judicial Review:
The question will be whether this violates the basic structure of the constitution- Part XXI of the C talks about temporary and transitional provisions, therefore, this cannot be challenged on the ground of basic structure.
If it is challenged on the grounds of the right to equality or right against non-discrimination or right to live with human dignity then any constitutional court will strike down this kind of provision.
Significance:
Now with the application of Indian C in its entirety to the state of J&K, the C of J&K has been completely replaced with the C of the Republic of India.
This will help in dealing with the situation in Kashmir.
This could generate more development and more employment for the people of J&K.
Art 35A was effectively the tool under which the definition of who shall be the permanent resident or the citizen
was exclusively reserved within the powers of Kashmir state which affected employment, representation in govt services, scholarships, purchase of property and settlement in the state. All this now goes with one sweep.
In May 1949, the President of the Buddhist Association of Ladakh, Chiang Ringsin wrote a letter to the Prime Minister, at that point saying that Ladakh has a different identity from Kashmir and it has also been part of Tibet at some point of time and that it was annexed in 1834 before the formation of princely state of Kashmir under the Treaty of Amritsar in 1846. Therefore, even if Kashmir decides to stay independent or go with Pakistan, Ladakh wants to be with India and not with Tibet. Ladakh has always believed that it has closer cultural ties with India and now this sentiment is being respected.
Art 35A once it goes out also allows restoration of demographic balance to that state.
Investments could increase and even tourism.
Ladakh:
Geostrategic and geopolitical nature of Ladakh and the fact that it will be without a legislature and will be directly under the union makes a lot more sense.
Ladakh gives access to Afghanistan and China.
Now it is shielded from any internal political mechanisation and allows the govt to ensure that security of that place of paramount importance.
Problems that Art 370 and 35A have caused:
Art 35A created a sort of a division. Those who were not considered permanent residents were discriminated against.
Why only notification was enough and why wasn't there a need to amend the C?
Art 370(1)- can be divided into two separate categories. The first category involves the power of Parliament to make laws and this comes under Art 370(1), clause a and b.
The power of the president comes under Art 370 (1) clause d.
IoA is the basis as it establishes the relation between the 2 entities.
Art 370 only decides the degree of Autonomy.
UA 370(1) those issues which are identified under IOA which id defence, communication and external affairs, which are relatable in subject matter to the union list and the concurrent list, the parliament shall have power to make laws with respect to those with the only consultation required from the govt of the state.
But for those subject matter which falls under these two lists but do not relate to the 3 subjects under IoA you need the concurrence of the govt of the state.
Art 370(1)(d) - it refers to the power of the president to apply other provisions of the C other than Art 1 and Art 370.
President can invoke his powers to apply such other provisions of the C with or without exceptions and modifications and he shall only need to use the notification.
Therefore, the particular notification today refers to Art 370(1) and not to Art 370(3).
Criticism:
The reduction of the status f the state of J&K to a UT albeit with a legislature. This will give a fillip to the concept of the C being more unitary than federal in character.
Pakistan can adopt two-pronged strategies- intensify the infiltration of non-state actors or militants to instigate more civil strife and violence in India in aftermath of this change; Other can be to international rach it up the whole issue of the alteration of the status of 370. They can go back to history and the Un which will have to be scorched.
Timeline:
Constituent Assembly(CA) of J&K was constituted in 1951 after the Indian constitution came in force in January 1950.
The CA framed the constitution(C) in September 1956.
Art 370 was meant to be a temporary provision which decided the working relationship between the union and the state pending the framing of that particular C for the state of J&K.
Therefore, Art 370 goes along with the creation of the C.
Challenges for the govt:
Law and order problem.
Removal of separatist feeling.
Wayforward:
Status of J&K could be restored as a state.
Indis should also qualify concern for the Kargil region where there Shia Muslim and they should also be brought into the inclusivity aspect of the governance of the new UT.
Address the alienation of the youth in the valley.
Have a political dialogue or reach out.
C- Constitution
Very brilliantly noted down. 🤗🤗🤗🤗🤗🤗🤗😘😘😘😘😘😘
But it is 370(1) and 370(3) as referred in debate.
Pls continue it for every big picture it will help for new aspirants tq
It's 370(1) not 371
370(3) not 373
370(1)(d) not 371(1)(d)
Good explanation though 👍
@@shivateja8253 Thank you :)
J.Sai Deepak sir is fountain of knowledge , legal and historical expertise.
And the funny thing is, he first did engineering from IIT KGP before taking interest in law and changing his career. He's better than most law students/lawyers.
@@gaurishukla3574 No no! He did his engineering from Anna University. IITKGP is where he studied law.
Hahaha.....he is well informed, that's it
Yes
The poise with his J Sai Deepak Sir expounds such complex issues, is just unparalleled. I am sure he is the best arguing counsel in India ! He is a doyen of the legal profession ! Impressive
Sai Deepak is working really hard to get Hindu temples free from government.
Dr. Mahima Khokhar please explain
@@say2Sudhanshu just search on TH-cam his videos in Hindu temples.
@@say2Sudhanshu
th-cam.com/video/js936p_cvTE/w-d-xo.html
Watch dis he explains it precisely in 8 mins.
And follow upword for much more insights.
I don't understand but our Constitution kinda discriminate against Hindus . Especially article 28-30
He also played a good role in drafting the review petitions on the infamous Sabari Mala verdict of Supreme Court.
when i heard this new, first thing which came to mind was, here comes insightful debate on RSTV featuring the gem J sai deepak, clearing all doubts of mine. thank you RSTV.
🇮🇳Great day for India,
Great day for unity
Congratulations to our whole country🇮🇳
Thanks rstv.
What about special status to other states accordance to Art. 371. Shouldn't that be scrapped as well for better integration?
@@AbhishekKumar-sz9fl
They are not trouble makers like Kashmir and you forgot intervention of Pakistan in Kashmir.
We are already negotiating with the NAGAS .
Yes...
Deepak Sir explained too nice... 👌👌👌
I understand very well 👍👍👍
Thank you rstv 🙏🙏🙏😊
Implication of abrogation of art 370
Introduction
* All applications/amendments to the constitution to J&K1954 constitutional order stands replaced by current order
* All provisions/amendments made from from time to time shall apply to J&K except art 367
* Separate constitution of j&k-by product of Art 370
* Power of parliament-Instrument of accession, Art 370-only decides the degree of autonomy, Art 370(1)- defence, comm, ext affairs-centre, union & concurrent list subjs- with legislative assembly concurrence
* Power of prez-under 370(1), provisions other than art 370
* Constitutional assembly of j&k was constituted in 1951 after Indian constitution that came. into force in 1950
* The assembly framed constitution in sept 1956
* Art 370 was meant to be as a temporary provision-working relationship b/w union & state
Current scenario
* Constitution of j&k stands replaced with the constitution of republic of India
* Art 370(3) - power of prez to issue public notification, constitutional assembly permission before it , constitutional assembly after 1956 refers to leg. assembly of j&k, govt refers to governor
* Technically Art 370 thus remains but art 370(1) used to render the constitution of j&k redundant
Need for the Move
* Temporary provisions
* Plebiscite never happened as some parts were occupied by pak & China
* J&k 35a -Discriminated state, violated basic Human Rights-women, Dalits, partition refugees from west pak
* Worked against development of state-no investment, lack of employment, representation in govt services, scholarships, purchase of property, settlement in j&k
Historicity of 35a
* 35a- consequence & pursuant of 1954 order
* May be Prez could revoke art 35a as insertion of a provision by him could be done
* Permanent residents, discrimination in every field went against art 14
Implications
* Federalism-Reduction of state to UT status
* Complexity-Alienation might occur, militancy aspect, infiltration of non state actors through pak, civil strife & violence, international resolutions
* Most benefit to-Permanent residents, discrimination in every field went against art 14
* UT Staus-Strategic importance-May 1949- ladakh- diff identity from Kashmir, annexed treaty of Amritsar, close ties with India, Ladakh- Access to afghan, China, Russia
* Separate Shia identity-Kargil-Shia Muslims-inclusion of UT
Focus areas
* Addressing the youth alienation-Law & order front
* Diplomacy-International resolutions
* Focus areas-Ladakh, Shia muslims of Kargil, Sunnis of valley, Kashmiri pandits& Hindus
Conclusion
Addressing the alienation of Kashmiri youth through breaking the Psychological barrier should be the focus area. Separatist feelings should be fed with feeling of oneness & opportunity through industrial investments & employment generation activities in handicraft & tourism & thus taking the glory of ‘rejuvenated’ Kashmir to next level
Great !!!
Thank You So Much
I was looking for ur comment. Thank you :)
i know he will come and i was waiting for this legend - J sai deepak
Really j sai Deepak sir explained very well regarding the legal aspects.. hatts off sir!
08:38 Face of Rana Banerji when J Dipak Sai is bombarding GK ,Banerji thinking why Sai don't appear in UPSC exam 😂😂
He has bigger things on hand to do related to Hindu temples
J SAI DEEPAK you are simply amazing !!!!!!!!!!!! I was unable to get clarity of the concept for the entire day. listened to constitutional experts and what not but you cleared it all in 1 full sweep.
Its like
J Sai Deepak Sir @ 1000 Miles/hour &
Satya Prakash Sir @ 100 Miles/hour
At such contrasting speeds..Hatts off to such awsmm Panelist
satya prakas and J sai deepak on a legal issue=excellent discussion.
Yes legalities very well addressed. What about basic democratic concepts like consent , federalism , inclusion , historicity ? I believe since Rajya Sabha TV is state centric channel hence these couldn't be argued or addressed properly. Your remarks?☺️
@@AbhishekKumar-sz9flnot an expert but i think ignoring those basic rights for a farther good is just a pinch as compared to the punches india has been getting by accrediting j&k the special status.
Abhishek Kumar was 35A inserted through constitutional means, people of ladakh have been demanding UT status, you like many so called secularists are under impression that consent in Kashmir means consent of muslims there only.
@@shashanktripathi3398 religious bigot. Read what people are saying in Kargil. Read what and Kashmiri pandits are terming this decision as. And also you don't know how Kashmiris would take this if government approach is not adequate. Don't support something just for the sake of it which suits your religious driven approach. This is a democracy not a theocracy till now atleast.
My respects to Shri. Sai Deepak. Just to listen and observe his speaking skills is a learning experience.
He has so much control over himself, thoughts and clarity. Enjoyed listening to the panel.
Is it possible to not shout, not interrupt and yet be passionate in a discussion/debate? Yes.
its a joy every time to listen to Mr. J Sai Deepak
Amazing DEEPAK SAI J... You have a good knowledge... and thanks to put out the complex knowledge into understandable bits...
Waited for this from the announcement itself.
Mr J Sai Deepak 👏👏 package of knowledge.
As expected on the issue like this RSTV invited two best debaters... 🙏🙏🙏
What else do you want in life .
Historical issue like this discussed and analysed by Satya Prakash and J Sai Deepak with Frank as bonus...😍
super points and explanation by sai deepak holistically...no words.. one of the best debate..
Sai Deepak - what a clarity - admire your knowledge and clarity of explanation
Satya uncle u speaking is too good 👌👌👌👏👏👏✌✌
Historic day, officially india got united and integrated!Jai hind!
No match of j Sai Deepak sir!!!
Huge respect!!
🙏🙏
Man-o-Man! Sai Deepak sir's insights and knowledge is just too good...
J sai Deepak sir you are a absolute treat to listen.🥰🥰
Trump : I never said mediation.. I only said meditation in Kashmir 😁 😁 😁
Just Sai Deepak and Satya killer combination of knowledge.
J Sai Deepak is like Virat Kohli of the debate.
that means he fails at debate in SC :D
Satya prakash and j sai deepak....great knowledge & discussion🙏....😇
This discussion panel on Art 370 & 35-A is a bench mark in entire spectrum of media & channels...
Inputs by Mr. Sai Deepak is very educative & enriching....
Thanks a lot for bringing such top class deliberation in present day noisy media discussions & debates...
Frank and Deepak sir coordination 👌👌
satya prakash good job.
I was looking for this on many channel and finally find all the answers here. Good job
J sai deepak have fabulous knowledge and way of speaking.... He needs to be often regular on the show...
Very nice analysis done by sai deepak sir .
Thank u sir for your presence on important issues
Thanks for caption thanks alot🙏
J Sai Deepak u nailed it again😃
One of my favorite panelist Mr Deepak..Awesome sir..Thank you
Great debate! Actually learned a few things, way better than many other channel debates.
like today, i request rs tv to please upload the episode of big picture as soon as it is done
egarly waiting for this .....great concept of Deepak sir....
Hello Frank Sir.......Wonderful Debate. Thank you RS TV.
The knowledge and the way of Mr J sai prakash regarding the topic with such a simple language is awesome. Thanks for such an information Sir.
Waiting for this video
Hats Off to J Sai Deepak... In Depth Knowledge and great presentation in simple words.. Hope he will be a permanent panelist on similar topics..
AWESOME DEEPAK SIR
wow.. beautiful, meaningful, gentle and resourceful debate which is lacking in the current media. super... channel ..well done
It's a pleasure to watch Mr j sai deepak explanation. Well informed man .
Very Well enriching....debate...
Sai Deepak sir....at its best....
My deepest love blessings and support for young genius J Sai Deepak. Wish Maa Bharti produces a million replicas of him, among all Dharmic panths, darshans, jaatis, regions and languages...
J sai deepak's knowledge on the subject is amazing
J sai deepak sir you are awesome !!
Thanks a lot sir for this
Deepak nailed the show 👌
J Sai Deepak you are on another level sir, even history.... where's the limit?
Very informative # J Sai Deepak sir
Very educating
Thanks for bringing these guests. Great debate, great anchor.
One of a kind, Sai Deepak sir!
Thank you
J. Sai. Deepak hats off to you sirr... Great information..
imagine j sai deepak and UPSC interviewers.......he would have blown them away
It would be too good battle
It would be too good battle 👌
Congratulations🇮🇳
Sai Deepak sir our guide book
Omg what a knowledge j sai dipak sir possess!!
Absolutely fantastic show and total explaination of the situation and so the constitution along with history.
Sushil Pandit too is a fantastic man of knowledge
Thanks for providing complete explanation without too much noise and hyperbole!!!
Beautifully eloborated...thank you sir...
MR SAI DEEPAK SIR ...YOU WERE OUTSTANDING IN WHOLE DEBATE ... OUTSTANDING .
Wow
Well debeat
Thanks again rstv
What a spot on discussion.. Arnab and co. please link and learn ..
wonderful discussion. Especially Sai Deepak's arguments were a treat to audience. This should clear legal misconceptions of people like Chidambaram,who said " Fatal legal error" with respect to Govt's move on Article 370. I think it's time to look at long term welfare and prosperity for J&K and India as a whole, associated with this move of Govt rather than creating false propaganda .
13:41
Very good facts
Happy to know these untold stories
Kudos galore to such a constructive and detailed debate....Especially to J.Sai Sir...his crisp n clear arguments on such a complex issue was absolutely laudable....it strengthened my knowledge a great deal....
Very well explained... Mr J sai Deepak completely nailed it...
J. Sai Deepak, you beauty! Hats Off, Sir
This is one of the best debates of the Big Picture!! Kudos to Frank and Sai!!
Mr.Rana Banerji made some very good recommendations for going forward.
Best discussion on the subject.
Waz waiting for Big picture eagerly
Excellent.
Awesome debate....👌
Sai Deepak Sir.... Has great knowledge on this topic
Wonderful discussion👌👌👌But throughout the discussion what got my attention s Mr. Sai deepaks watch and band in both hands 😂
Oh my God How Well Mr. J. Sai Deepak speak.
Thank you rstv
This is most decent way to do a discussion.