SC questions every pillar of democracy. But when someone questions SC, it hides under term "judicial independence" . People only talk about increasing tendency of opaqueness in legislature,executive,media. Its time SC should itself held accountable to people.
Sorry RSTV, but didn't get this Big Picture, not able to understand even a single bit. Doesn't know where it was going or what they were talking talking about. Frank's Big Picture are awesome.
POINTS FOR FOR SELF ANALYSIS : > if correspondence with CJI is made public it will enhance judicial freedom - the public will get to know if anyone is influencing - will expose the influencers > if the information to be disclosed is likely to affect the reputation of a judge/lawyer why should the judge/lawyer hold their position in the first place > both are public institutions so no question of privileged communication arising > RTI ACT 2005 section 2(h) - Public Authority , section 8(1) - Exempt information > RTI ACT 2005 section 10 - severability section - make use of this section while declaring information about judges > judicial independence means independence from the executive and legislature not from the public
subhash agarwal filed RTI regd superseding of senior judges like AP Shah, Dattu etc in 2009. ->SC refused-> In 2009 CIC dismissed the refusal-> SC appealed in HC-> In 2010 HC dismissed the appeal. This 3 judge bench contains AP Shah. So AP Shah dismisses the appeal of SC which orginated due to superseding of himself. Is not Conflict of Interest??
Here this issue clarified by stay sir, that here S. C. acting as the court of necessity. Means she has to hear the appeal due to absence of other higher forum than S. C. So CJI will be act as Judge of its own case violating the principles of natural justice....
Mr.Satya prakash was spot on in his closing remarks I have a doubt after watching this episode Can Quo warranto writ be used against a judge of SC , if allowed ,what would be the reply? Will the answer be just that collegium is the authority responsible for appointing him/her , accordingly he/she is fit for the post ,followed with a warning to the petitioner not to waste SC time on trivial matter or a different reply?
@@suwarnadwivedi1181 ineligible person occupying a public office affects the rights of public ,ie.,in terms of arbitrary appointments or deprivation of public to that post or misuse of authority Quo warranto writ is used to ascertain the eligibility of a person occupying a public office , and anyone on larger public interest may apply for it In this case , some social activist has doubts over eligibility of a person to occupy a post of judge in SC ,in such a case ,quo warranto writ can come in handy Besides Quo warranto writ doesn't ask for locus standi ,so anyone can file a writ
@@donbuddha8341 locus standi point seems logical as quo warranto wirt doesn't require locus standi but invoking quo warranto wirt by a social activist and questioning appointment of sc court judge ,I think doesn't come under the purview of quo warranto wirt .
@@dharmendrakumar-vy1ct it has happened in recent past A petitioner has invoked quo warranto against the current CJI just before his appointment as CJI on grounds that he participated in a open press conference ,but the the bench replied by stating that there is nothing bad and procedure were followed in appointment and therefore no questioning and accordingly dismissed his petition So basically one could invoke quo warranto against a judge in SC ,the reply is foregone as SC will either discard or caution the writ petitioner saying its a trivial issue
If there is any IB report against any advocate who is to be elevated as judge,then he should not be allowed to practice and proceeding must be initiated against him ..Forget about his elevation.. How can the collegium just close their eyes after knowing that something wrong has been done by someone?
Alright , but this is also true that Collegium is most opaque establishment of our country. No one knows how it works and appoints judges. Atleast some transparency should be there.
@@ankitaaarya No my dear. U could easily hear incessant noise throughout the video in the background. There is nothing bad if the channel works on sound quality
He seems like he is reading to show off to his gf, or some kid, kind of irritating as well, please make some adjustment and give someone else a chance or groom Mr Kain to rectify his presentation
We are not UPSC aspirants but still we watch just for knowledge ! Thanks you RSTV
🙏
That's a knowledged citizen.
Satya sir hit the nail on the head in the last remark.....seeking independence not from public.
After watching this video, my view in this issue had changed .............. Thank you RS tv
Geart explanation by satya Prakash...he is as clear as jai sai deepak in legal matters!!😀
SC questions every pillar of democracy. But when someone questions SC, it hides under term "judicial independence" . People only talk about increasing tendency of opaqueness in legislature,executive,media. Its time SC should itself held accountable to people.
Hmm..true!👌
Bang on Satya Prakash
Kain has improved a lot...much better than earlier....
Great Clearance....nice.n thanks.
These 9 dislikes are from former Judiciary members? 🤔
Beautifully decoded the complex information 👊👊
Sorry RSTV, but didn't get this Big Picture, not able to understand even a single bit. Doesn't know where it was going or what they were talking talking about. Frank's Big Picture are awesome.
Bring back Frank Rausan Pereira.
This anchor needs to improve.
POINTS FOR FOR SELF ANALYSIS :
> if correspondence with CJI is made public it will enhance judicial freedom - the public will get to know if anyone is influencing - will expose the influencers
> if the information to be disclosed is likely to affect the reputation of a judge/lawyer why should the judge/lawyer hold their position in the first place
> both are public institutions so no question of privileged communication arising
> RTI ACT 2005 section 2(h) - Public Authority , section 8(1) - Exempt information
> RTI ACT 2005 section 10 - severability section - make use of this section while declaring information about judges
> judicial independence means independence from the executive and legislature not from the public
.....♨️THANKS RS TV♨️.....
.....🌋JAY MAHARASHTRA🌋.....
SATYA SIR THANKS
India needs subas agrawal in every district
Anchor too is sounding weirdly
subhash agarwal filed RTI regd superseding of senior judges like AP Shah, Dattu etc in 2009. ->SC refused-> In 2009 CIC dismissed the refusal-> SC appealed in HC-> In 2010 HC dismissed the appeal. This 3 judge bench contains AP Shah.
So AP Shah dismisses the appeal of SC which orginated due to superseding of himself. Is not Conflict of Interest??
Yeah . But as long as you get the position or the power , everything else is compromised
Here this issue clarified by stay sir, that here S. C. acting as the court of necessity. Means she has to hear the appeal due to absence of other higher forum than S. C. So CJI will be act as Judge of its own case violating the principles of natural justice....
Mr.Satya prakash was spot on in his closing remarks
I have a doubt after watching this episode
Can Quo warranto writ be used against a judge of SC , if allowed ,what would be the reply?
Will the answer be just that collegium is the authority responsible for appointing him/her , accordingly he/she is fit for the post ,followed with a warning to the petitioner not to waste SC time on trivial matter
or a different reply?
tarun kumar
Quo waranto can be issued only in the case of fundamental rights violation
This is not the case here
@@suwarnadwivedi1181
ineligible person occupying a public office affects the rights of public ,ie.,in terms of arbitrary appointments or deprivation of public to that post or misuse of authority
Quo warranto writ is used to ascertain the eligibility of a person occupying a public office , and anyone on larger public interest may apply for it
In this case , some social activist has doubts over eligibility of a person to occupy a post of judge in SC ,in such a case ,quo warranto writ can come in handy
Besides Quo warranto writ doesn't ask for locus standi ,so anyone can file a writ
@@suwarnadwivedi1181 but i think in respective HC this prblm could be address
@@donbuddha8341 locus standi point seems logical as quo warranto wirt doesn't require locus standi but invoking quo warranto wirt by a social activist and questioning appointment of sc court judge ,I think doesn't come under the purview of quo warranto wirt .
@@dharmendrakumar-vy1ct it has happened in recent past
A petitioner has invoked quo warranto against the current CJI just before his appointment as CJI on grounds that he participated in a open press conference ,but the the bench replied by stating that there is nothing bad and procedure were followed in appointment and therefore no questioning and accordingly dismissed his petition
So basically one could invoke quo warranto against a judge in SC ,the reply is foregone as SC will either discard or caution the writ petitioner saying its a trivial issue
If there is any IB report against any advocate who is to be elevated as judge,then he should not be allowed to practice and proceeding must be initiated against him ..Forget about his elevation.. How can the collegium just close their eyes after knowing that something wrong has been done by someone?
It is good that njac case onwards we have collegium resolutions in open. Let bygones be bygones.
good evening aspirants!
Sir please upload the subtitles
Please explain what does court of necessity means?
Sir please anchor change kijiye mr. Perera handled it in a much better way it's a request
Huge responsiblity... To maintain the benchmarks set by Frank.. Leave abt crossing them
Nice debate
Frank rausan parrera is the best.
I agree dost
Alright , but this is also true that Collegium is most opaque establishment of our country.
No one knows how it works and appoints judges. Atleast some transparency should be there.
Plz bring Frank for this show
Audio quality is poor. When u have this kind of highly informative debates, need is to check audio system
Audio quality is okay for me, your speaker might be faulty
@@ankitaaarya No my dear. U could easily hear incessant noise throughout the video in the background. There is nothing bad if the channel works on sound quality
I agree. It needs to be improved.
RTI ko kuchla means democracy ko kuchla
Comedian Kain😂😂😂 Makes so funny expressions🙏
Prera or dahiya ji ko waps lao
dahiya sir ko laiye
Anchor is damn slow in conducting....
He seems like he is reading to show off to his gf, or some kid, kind of irritating as well, please make some adjustment and give someone else a chance or groom Mr Kain to rectify his presentation
hello upsc aspirants
Anchor is not good
Irritating anchor
Very slow and boaring anchor
This boy Rajat should be replaced. And please ask him to speak clearly and not to fake European accent.