A professional Advocate always depicts in the third person perspective. Mr. Sibal is condescending. Keeps using the word "you". Veer unprofessional of Mr. Sibal.
@@Montrana2011 i dont think that "you" is disrespectful but he has no other way . In hindi he would say aap but there is no word for aap in english. he says lordship and i think its ok . Please let me be clear I dont support the cause he is after but am saying as a spectator
@@ommamgain97 when he says "you", he is forcing the justice to take it personally. only professionals can understand. there is no need to take it personal, this is an advocate's business: to represent. ....... How would you feel if you and i were talking about an accused RAPIST, and i kept saying that ""YOU" should not commit rape? Do you see the irrelevance? If you do not... then the Indian education system has failed you, and you need to spend another 10 years outside of India, just to be relevant on THIS subject matter.
Is it proper Judiciary? It seems our "Judiciary" is hijacked by the Collegium System & the Court Mafias ... Why Mr Chandrachud & the gang of Court Mafias disregarding the Government of India & Parliament on a number of occasions? And the hijjackers doing it deliberately... ....
It's example that congress or it's former members does not care about " Territorial integrity Of India" Other countries tries by coercive nature to capture landmas of other... In India during INC " so called National " Always putted Territory at stake.... Be it kacchattivu island issue or berurai case of nehru - noon agreement.... Just imagine future of the country territory if they will be in power ¿?? as cries for businness contracts or land for business to Indian business men who is not taking land away from india
@@labyr_inth0706 Im also from j&K dont know what you are trying to imply. he made a comment on Sibbal credentials as a person having a track record of fighting cases for tainted persons he is not in the goodbooks of any sensible citizen
Only noob can say that, do u think that 5 SC judge bench is there to listen a political statement, he has actually valid points, I am also in favour of removing 370 but he is arguing on the way it has removed and does parliament has a authority to remove that. His argument is very well valid
Lawyers should apply spirit of the law in todays context with future outlook..... and stop living in 1950s..law should be progressive and interpreted within current circumstances @@dkarjan
कपिल सिब्बल जी... राष्ट्र के हित में ज़र्रा सोचें... भारतीय संविधान सर्वोपरी है... भारतीय संसद सर्वोपरी है... आपकी दलीलें तर्कसंगत नहीं हैं... भारतीय संसद ने जो 370 को ख़ारिज कर दिया है... वह सही... उचित है...
Sibal tries his best to create ambiguity. How this type of lawer allowed to argue in Supreme Court. From again and again he tries to create ambiguity. However nothing is permanent in this universe.
I can now very clearly understand the standpoint of congress party and It's history of what congress did till now..Really thankful for this video, It's an eye opener for me..People who don't respect the sovereignty of our nation, I really don't have any respect for them..Jay Hind🇮🇳
What a mockery of the Govt of India who had already fought four wars for Kashmir ? Are all these wars were illegal & under the jurisdiction of "CJI & the Court Mafias"? Will some other country or UN will decide whether Article 370 should continue or not? Bizzare argument is going inside the SC of India... Are the CJI & the gang of Court Mafias actual guardians of the country? President,Vice President, Parliament,LS, RS whom the people of India have chosen are so useless? Its not proper "Judiciary"...
Mr. Kapil Sibbal is unnecessarily spoiling the valuable time of the Supreme Court Bench. There are lots more issues to look after and decide by the Supreme Court.
Still our local netas for the sake of power will aupport congress to become sarpanch, mla, mp. Localmnetas could be our known people and family members too. That is the sad part
@@gopalkundu3583 you've some nerve to call the CJI and law system "Mafias." Know something about the horizontal form of power sharing? This is how law system functions-- debates and consensus.
Salute the Honourable CJI OF INDIA for his excellent interpretation of CONSTITUENT ASSEMBLY OF INDIA in relation to the article 370.Kapil Sibal was,knowingly,on wrong foot.Sibal, remember J&K is integral of part of India for for thousands of years.
@@Amarjeetyadav-wt3yy in usa every state has its own constitution You are saying a seperate constitution doesn't have a control over a state. Saudi Arabia and UAE can invest anywhere in India but they choose Kashmir. Why?? Think wisely More than 3 million people visited every year Vaishno Devi before and after the removal of article 370. Check the number of 2012-13 tourism of Kashmir you will know something
Yes but I see CJI being praised when he talks something which is being in favour of Centre and being trolled when he gives a order which goes against one centre party
Kapil Sibal sir! you forgot to mention one more point.. Only Congress Govt. is permitted to amend the constitution of India 125 times, nobody else is permitted to amend the constitution or even to become the PM of India. All elected non-congress PMs should be declared unconstitutional😂😂
The current government should set up a council of eminent lawyers, civil servants, and members of civil society to review all amendments to the Constitution that was enacted under Congress rule and see how many of these were detrimental to the country and reverse them. Can’t trust these Congress guys to have done anything above board.
@@Packiam07 the entire consitution will be invalid then, how they introduce secular word in peamble when whole opposition was in prison. this is the same congress who issued order for the genocide of sikh protestors.
First of all Ppl should realise that No political party is anti national Labelling opposition parties as anti national is heinous crime Anti constitutional is anti national Whoever is against Liberty, equality, fraternity Is anti national
Kapil Sibbal sir point is genuine that in Artcile 370 Clause 3 there was a mention of term constituent assembly which means president can amend that article on the recommendation of constituent assembly and constituent assembly was dissolved in 1957 and they didnt change it which means they wanted to continue that article But i have a ques that if the constituent assembly of Jammu and Kashmir wanted to make that article permanent then why didnt they replace the word "temporary" with "permanent". which means that they didnt want to make this permanent
Anti-India, anti-Hindu lawyers get respect from our courts. There's something in the Indian Bar Council laws that we common folk cannot comprehend. It is only to be quietly understood by the black-robed folk.
@@meret99 Yeah agree! There's a huge difference between "Zero-loss Sibal" who defends terrorists, corrupt practises, corrupt businessmen, politicians, babus and a nationalistic Sai Deepak, who doesn't mind calling a spade a spade. Don't compare a cestod with someone like Sai Deepak.
The original jurisdiction of the Hon'ble Supreme Court is "constitutional amendments". It's the duty of the Supreme Court to deal with case, lock stock and barrel.
The supere court says that Article 370 was as like as other article introduced by and taken away by the parliament. But what SC is lacking behind/ignoring the fact that the Parliament itself made it compulsory for the parliament to take the ascent of the J&K constituent assembly. If it was according to the article 3 of the Indian constitution means that it was the valid law and also it was introduced before the doctrine of basic structure, so there shouldn't be the question of constitutional validity of the same. But now when the parliament has illegally abrogated the Article 370 by making the parent law invalid hence violating the doctrine of colorable legislation. CJI asked the procedure for abrogation of Article 370 without himself explaining the procedure for abrogation of 9th Schedule. Matlab jo tumhe acha lagta ha wohi koregay at the end of the day. Law aur procedure ki koi value hi nhi ha.
@@ShabazAhmed-vh9kpthere is nothing illegal in politics. If the article was abrogated and was done successfully to stay for all this time, it is legal even if it is not ethical as per some. What is extremely clear is the hate that you have for centre which is why you keep calling the abrogation not right. Even if the method was illegal, it has done wonders for the state.
@@versateum12 politics can't override the law and the procedure established by the law. The belief that the law is the utmost superior binds the country and the peoples. It doesn't matter who is violating the law be it center or the state, what we should aspire for is the applicability of the justice.
@@ShabazAhmed-vh9kp oh really but you guys were quite OK with violation of rights and demand of a separate country in the past decade. Nobody cared to mention the atrocities on pandits. I' ll tell you why because it doesnt suit the agenda. The law becomes important only when it suits the agenda.
@@versateum12 j&Kians never demanded for the separate country. Rather they have demanded for the promised plebiscite and are demanding now also. There is nothing wrong with this. Kashmiri pandits are J&Kians. Indian govt always exploited our pandit brothers for the sake of politics. Article 370 matters to Kashmiri pandits as much as it matter to the other J&Kians.
Sibal sees Kashmir as a sovereign entity. Such a scenario cannot exist because it then becomes imperium in imperio i.e a sovereign within a sovereign The faulty historical provisions of the constitution has now been corrected . In my opinion courts must not encourage wasteful deliberations such as this .
The term "temporary" was added and associated with article 370, and Late Shri Nehru has said with time this temporary will vanish. As from Kingship to people elected bodies were taking place in a democratic way (evolving). This in turn were expected to meed the future need of the people of the state. So sometime this article was to be abolished or withdrawn.
Wonder who pays his legal fees for such frivolous anti India cases, when his legal fees is >₹25 lakhs per appearance. Add to this his rates per hour for studying/preparation of petitions,etc...🤑🤑
Work of the constituent assembly was over while framing the constitution. There was no legislature then. Thereafter the legislature never debated the abrogation of the Art.370 or even the permanency of Art 370. As JK Legislature never made it permanent therefore Indian constitution never guaranteed the permanency of Art. 370 so it was open for the Indian government to abrogate. The abrogation is now open for confusion therefore the only way Sibal can prolong the case is by infusing confusion. Everything is history, today we are in 23 rd century. Enough is enough . My brother soldiers have laid down their lives just to prove that JK is an integral part of Bharat. What is Sibal's take on that? Our army is not a like a UN army in our own country. As of today we have acquired JK by abrogating Art 370 and not a single countryman will accept the argument of double Sibal even the CJIs don't agree seeing the mood in the live proceedings. The fact is Pandit Nehru purposely kept it hanging because he knew that one day a strong popular PM will come and abrogate the ART 370.
Your argument is not in a right direction. If at all Art 370 is to be abrogated it has to be done with the recommendation of the constituent assembly, which has not been followed.
@@nagarampasulamogili3912 The constituent assembly was a group under oath to king geroge the vi...and under his and privy council instructions to make sure the draft of the constition followed the govt of india act and independnefe act... So when they got rod of the independnece act ..and did not get it signed off by the Crown ...the constituent assembly violated its oath and the republic created is a rogue republoc..since it also rejected the accessin treaties .. The state reorganised afer 1949 are thus counterfeit versions of the frqnchises of legal entity created via the accession treaty ... Since it is rogue it is under no obligation to abide by the accession treaties .. This is what we see in manipur.. Clear violation and fraud run by the centre and the state.. Becuuse the whole constittion is a fraud ..by violating oath of the consituent assembly .. The accession treaties are still live though on the britosh parliament and can be activated on instruction of soveregn who is the beneficary of accession treaty .. ( that is each individual ..who can acrivate the treaty bybbecoming creditor over the Criwn..until then the rogue counterfeit republoc can keep running the fraud .. Even the supreme court can violate its own rules..as seen in bilkis bano case... The accession treaties and new ones instructimg.the Crown will soon be activated ... becuase of the covid scamdemic ..and use of bioweapons to commit mass murder on public ..
@@LawChakra.Indian constitution might be empty philosophy....Nothing is permanent is THE BRUTAL TRUTH....I heard that your abbu...the Great Britain doesn't have a codified constitution?????
Parliament can overturn any supreme court decision, like shahbano case so Kapil sibbal and supreme court are wasting time!! We will not implement 370 again in Kashmir, period.
Law : justice delayed is justice denied Courts : We need 360 years to clear back logs Citizens : Paying taxes to be held hostage by an adopted western failing legal incompetent system. Simply GREAT 🤐
you had no option , you had to copy the british rule and then make a new one , but yes you are still using british rules , and yeah let me clarify , they have better system than your degree of imagination
@@mraspirant3011their are vacant judge post, and no of judges were increased by BJP led government and their placement is up to collation. Now go and bark somewhere else. Librandu
Only Congress Govt. is permitted to amend the constitution of India 125 times, nobody else is permitted even to become the PM of India. All non-congress PMs are unconstitutional😂
@@nsn-india711Whoever becomes PM of India must have the blessings of the Nehru -Gandhi Raj Porivar..... ..... The RAJ PORIVAR has been awarded the lease agreement for thousand years to Rule India directly or indirectly by the British when they left India .
@@nsn-india711Does Govt of India have no power to abrogate 370 from Kashmir which is integral part of India. India had fought four wars for Kashmir. Are all these illegal & under the jurisdiction of "CJI & the Court Matias"?
The arguments advanced by Kapil sibal would lead to some bizarre implications - One , that provisions of constituent assembly of Jammu and Kashmir are now immutable, and it cannot be amended even by amendment.And,the provisions framed by constituent assembly of Jammu and Kashmir have overriding powers over the provisions of the constitution of India.That is why,now article 370 has been made permanent just like basic structure by the constitution of Jammu and Kashmir. Third, the sovereignty of parliament or writ of parliament would run to the state of the Jammu and Kashmir to the extent it is not repugnant to provisions of the constitution of Jammu and Kashmir. Amazingly, the court is giving heed to bizzare arguments
@@Student11333whence the Maharaja signed the accession....the 'PEOPLE OF JAMMU AND KASHMIR' transformed to 'PEOPLE OF INDIA'....and there ends the matter
Kapil sible ka bank transaction check karna jaruri hey (CBI & NIA action), Q ki sab case be use objection hota hey . Jaise ki Ram Mandir, Tin Talak etc
Wonderful insight into the actual arguments and proceedings in the hallowed precincts of SC! Impressed with the CJI's incisive questions and remarks! Mr Sibal definitely is erudite and intelligent. Unfortunately his argument that in absence of a Constituent Assembly, State Legislature cannot take on the powers to make decisions sounds hollow and illogical
I have always seen Kapil Sibbal to take the cases which are always against the nation. Triple Talaq, CAA, 370 - he always stood with opposite of government decision. I don’t know why the people of Chandni Chowk use to elect him from this constituency 😶 Advocates cannot be loyal to country. They can only be loyal to their client.
yeah he and pappu can join the same school and start from abc ...... lets see who matures first .... if they are alive until that happens that is.......
@@vinayakdhulap after all they both sail in the same boat outside the court/unofficially..... there sure would be an arrangement/agreement.....Scamgress is the boss......
CJI is right to point out what is the mechanism presently available to change or modify post the formation of the Legislative assembly and the Constitutient Assembly seizing to exist. Since there is proper answer to this the only correct authority to legislate on Constitutional issues will be the Indian parliament's constitutient assembly. Therefore no law is permanent and can be reformed by Indian parliament.
The supere court says that Article 370 was as like as other article introduced by and taken away by the parliament. But what SC is lacking behind/ignoring the fact that the Parliament itself made it compulsory for the parliament to take the ascent of the J&K constituent assembly. If it was according to the article 3 of the Indian constitution means that it was the valid law and also it was introduced before the doctrine of basic structure, so there shouldn't be the question of constitutional validity of the same. But now when the parliament has illegally abrogated the Article 370 by making the parent law invalid hence violating the doctrine of colorable legislation. CJI asked the procedure for abrogation of Article 370 without himself explaining the procedure for abrogation of 9th Schedule. Matlab jo tumhe acha lagta ha wohi koregay at the end of the day. Law aur procedure ki koi value hi nhi ha.
Oh my Rahul baytaa i thank God for this gd verdict god bless u my son of india i prayed as n thanked God so so much gd relief ❤ thank u judges god bless u all
@@vishnuvamshi182 ha ha if have to sue BJP for all comments they pass court will be adjourned for ever. . Hold all their tongues too. . Since on ruling side not all that the fascist does is right. . Life is a circle day will dawn for the darkness to leave. .
@@SAMEBE may I ask y this brave man in Rafael case apologised in sc ? In that case any political party involved? When asked to apologize in modi Sur name case he unnecessary brought Savarkar in it. Later apologized because of opposition pressure. This man tongue can never be controlled. One thing is assured BJP trp is going to increase from here on.
Till when Mr Sibal will sell his soul... Such Shame... At least you should come forward and try to make India one nation but you are for the sake of power fighting to demolish even the country
How can eminent lawyer like kapil cannot understand the difference between 370 and 371. If then constituent assembly had thought about keeping the J&K special administrative power then they wouldn't have made the temporary, transitional and special provision. otherwise they would have kept it under 371 like others. 370 was temporary for specific time period which have been done and dusted.
Ha ha ha !! :D :D Since Constituent Assembly is dissolved, hence no laws that it formulated can be dissolved. Wah bhai wah. The PARLIAMENT had REPLACED the Constituent Assembly. The function of both bodies is to form laws. So DON'T BEAT AROUND THE BUSH, Kapil.
No, parliament has not supplanted the constituent assembly. Read the keshavananda bharati judgement. Parliament can not rewrite the constitution: that job is for a constituent assembly.
@@LITTLE-ROCKwait dont spread false harish salve who worked under nani palkhiwala will argue on side of government.and let me tell you harish salve is also a great constitutional lawyer
i couldn’t understand the arguments but the way kapil sibal is putting his argument , his speaking skills his body language is top class, one of the best speakers we have in the country maybe , i never knew. I hope he is more inclined towards the country’s interests and not against.
Kapil sibal tries to say once constitutional assembly give farman than it becomes word of God,it can't be altered. CA is established at centre for purpose to create a constitution hence same for J&K. CA of J&K clearly said 370 is temporary,transitional & special once it dissolved LA has power to amend or remove whatever suitable. Any way the sadar-e-riyasat,PM title & all was revoked by Nehru ji,become same as other state..so parliament has all power to do anything.
If we had a MAHARAJA ..... Then it in itself means that it was HINDU majority state !! Else wouldn't it be like SULTAN ? 😅 Now the question is "What happened to that majority ? "
well, junagarh had a hindu majority with a muslim sultan. Kashmir had the opposite case. you are forgetting that india remained majority hindu after 1000 years of muslim rule. Also that rulers are not elected, but people with swords who subjugate the population with their power and extract taxes to keep feeding their soldiers.
So if we had a Mughal Sultan, then it in itself should mean that it was MUSLIM Majority state? Else wouldn't it have been Maharaja? Now the question is, "What happened to that majority?"
Mr.sibal always sides anti-national agenda. Unfortunately, SC is giving lot of weight to him. Else when it's a temporary provision as per constitution, arguing that only constitutional assembly which got dissolved can authorise the repeal is unconstitutional as it is a clever plot to dissolve const assembly
Read article 370 throughly It meantions upon the recomendations of leggislative assembly any decsion on its repeal can be taken.but in 2019 there was no legislative assembly.so govt abrograted it unconstitutionally
The technical issue is of no relevance today since Constitutional Assembly is not now. But amendment is urgently needed now. So Parliament is all powerful in all respects including the amendments of even Constitution. Constitution is there, Parliament is there to amend anything and everything needs to be amended. So power of Parliament cannot be challenged if done in Constitutional framework, and in exigencies extra-constitutional provision can be invoked by the Parliament by means of amendments. Here the Parliament will play the role of the then Constituent Assembly in all practical purposes. When the Head of the State puts it's assent any document, bill, or order becomes valid in all its paramount implications.Mr Shibbal is misleading the Bench as he has done in many occasions earlier. Legal jurisprudence should not allow such vague arguments for the sake of argument only .
I watched this 4 times, to try and understand what Mr. Sibal is trying to establish. The judges were clearly saying that the constituent assembly was at the time of making the constitution. The abrogation happened now. So, is Mr. Sibal asking for the formation of another constituent assembly. Can someone enlighten please.
Why you say so, Nehru did lot of good things. Every leader shapes the nation in his own way, and in the process makes mistakes and wins. Its part of his/her job.
@@LawChakra But LAw chakra , how can you ingore the history that nehru did before indepence ? sure after indepennce those were poltiical mistakes not made by choice , but before independence he was voted to power by a biased vote influenced by MK gandhi , IF check the books of his colleagues they mention the cheating and rigging done by MK gandhi . mk gandhi chose him as flamoboyant poster boy who can deal with English in their langauge and manners , this is well documented in the books and the competprary history . is that justified , the negative outpour for Nehru family and nehru is due to pre indepencne history and post indepencnce non poltiical mistakes. , there were many mistakes which were not judgement mistakes but mistakes of ommission and negligence . he simply could not uphold the indian intrest well , Sardar Vallacbhai patel would have been a Prime minister if elections were not rigged by Gandhi , Want references ? I would post them too .
If Nehru would not have the PM, then India would not have prospered this far. PM Neheru had a high vision at that time. He was liberal in his views and always participated in the parliamentary proceedings, unlike PM Modi. Pandit Nehru toured the whole of India and understood its nook and corner. Mahatma Gandhi preferred Nehru over Sardar Patel because Gandhi realized that Sardar Patel was extremist in his views and the situation was probable to make him the PM. If you read 'India wins freedom' by Maulana Azad therein he mentioned Sardar failed to curb the communal riots in Delhi as he was the Home Minister. Mahatma Gandhi had been assaulted multiple times, and Sardar Patel could have avoided the attacks but he failed in his duty. Mahatma Gandhi was assassinated.
Who has more authority - PM or HM ? You seem so educational then do clear our doubts regarding the Nexus of Congress and Jinnah's party on the partition of India. Do talk about the Role of Appeasement policy by Nehru Ji in J&K as well as in Rajasthan border districts. What's the role of Gandhi Ji and Nehru ji in Unifying India. Why in Pre-independence period.. Demands and actions of some emerging Politicians within the party was criticised to such an extent that it led to create plethora of opinions regarding the goals at one moment of time ?
@@raw25_ Brother, nobody is denying the staller job done by Sardar Patel. He is known as the man of Unity. He is highly credited for unifying all princely states. The Jammu and Kashmir problem was unique, unlike other pricey states. J&K acceded to India because of Nehru's statecraft. Nehru shared a bonhomie with Sheik Abdullah. Both were liberal in their views and understood the politics of that time. Nehru had made multiple mistakes in the past but he admitted his errors. He never ran away from his problems and blamed others for his mistakes. The problems during his time were unique and very difficult to deal with. You, people criticized Nehru cause he approached the UN for the Kashmir dispute. He expected some justice from the UN but it turned out against him. Regarding the problem of Partition, Everyone was against the partition including Nehru. It was all because of the British divide and rule policies. The past is the past and cannot be undone.
If it would be someone else in place of kapil sibal the judges would have shouted on him and would have done a moral policing in court but cause he is a politician and khangress had their hand on him they are scared to even say anything
The main petitioner mr. Shah Faisal has withdrawn his petition and moved on. He has rejoined indian Administrative service which he had earlier quit. Why is the honourable SC even hearing this petition when therr are millions of pending cases. Misplaced priorities?
Thanks for telecasting live arguments in SC. It's 100% clear the mind set of Congress. Jai Hind.Jai Bharat.
Kapil sibal is the perfect example of a genius professional without morality and ethics
A lawyer who frequently uses Matlab when he speaks in English! Curious. Naturally he does not understand.
Ye sab mugal se hybrid hn Jo muglon ki bhasa bolte hn
A professional Advocate always depicts in the third person perspective. Mr. Sibal is condescending. Keeps using the word "you". Veer unprofessional of Mr. Sibal.
@@Montrana2011 i dont think that "you" is disrespectful but he has no other way . In hindi he would say aap but there is no word for aap in english. he says lordship and i think its ok . Please let me be clear I dont support the cause he is after but am saying as a spectator
@@ommamgain97 when he says "you", he is forcing the justice to take it personally. only professionals can understand. there is no need to take it personal, this is an advocate's business: to represent. ....... How would you feel if you and i were talking about an accused RAPIST, and i kept saying that ""YOU" should not commit rape?
Do you see the irrelevance? If you do not... then the Indian education system has failed you, and you need to spend another 10 years outside of India, just to be relevant on THIS subject matter.
How shamelessly Sibal tries defending the indefensible ! Truly the best representative of Jaichand in modern times !
Is it proper Judiciary?
It seems our "Judiciary" is hijacked by the Collegium System & the Court Mafias ...
Why Mr Chandrachud & the gang of Court Mafias disregarding the Government of India & Parliament on a number of occasions? And the hijjackers doing it deliberately... ....
Kya apko lagta 370 hatne se second class citizen ho gaye ho.
@@labyr_inth0706how come you assumed j&k residents referred as second class citizens 🤣
It's example that congress or it's former members does not care about " Territorial integrity Of India" Other countries tries by coercive nature to capture landmas of other... In India during INC " so called National " Always putted Territory at stake.... Be it kacchattivu island issue or berurai case of nehru - noon agreement.... Just imagine future of the country territory if they will be in power ¿?? as cries for businness contracts or land for business to Indian business men who is not taking land away from india
@@labyr_inth0706 Im also from j&K dont know what you are trying to imply. he made a comment on Sibbal credentials as a person having a track record of fighting cases for tainted persons he is not in the goodbooks of any sensible citizen
Sibal jaisa advocate is Desh ke liye sabse bada durbhagya hai
Arey seedhe seedhe bolo bhai , sibal wo paryayvachi hai jo m se shuru hota hai aur d se end hota hai
Mr Sibal is arguing more as a politician rather than a lawyer
he is more of a politician than a lawyer. There is a black spot in his heart.
Papu teach him😂😂😂
Only noob can say that, do u think that 5 SC judge bench is there to listen a political statement, he has actually valid points, I am also in favour of removing 370 but he is arguing on the way it has removed and does parliament has a authority to remove that. His argument is very well valid
Lawyers should apply spirit of the law in todays context with future outlook..... and stop living in 1950s..law should be progressive and interpreted within current circumstances @@dkarjan
Correct .he said in earlier stmt
कपिल सिब्बल जी... राष्ट्र के हित में ज़र्रा सोचें... भारतीय संविधान सर्वोपरी है... भारतीय संसद सर्वोपरी है... आपकी दलीलें तर्कसंगत नहीं हैं... भारतीय संसद ने जो 370 को ख़ारिज कर दिया है... वह सही... उचित है...
Fir zindagi kaisi chalegi inko China inke papa funding rok denge😂
Sibal tries his best to create ambiguity. How this type of lawer allowed to argue in Supreme Court. From again and again he tries to create ambiguity. However nothing is permanent in this universe.
I can now very clearly understand the standpoint of congress party and It's history of what congress did till now..Really thankful for this video, It's an eye opener for me..People who don't respect the sovereignty of our nation, I really don't have any respect for them..Jay Hind🇮🇳
What a mockery of the Govt of India who had already fought four wars for Kashmir ? Are all these wars were illegal & under the jurisdiction of "CJI & the Court Mafias"?
Will some other country or UN will decide whether Article 370 should continue or not? Bizzare argument is going inside the SC of India... Are the CJI & the gang of Court Mafias actual guardians of the country?
President,Vice President, Parliament,LS, RS whom the people of India have chosen are so useless?
Its not proper "Judiciary"...
Mr. Kapil Sibbal is unnecessarily spoiling the valuable time of the Supreme Court Bench. There are lots more issues to look after and decide by the Supreme Court.
Still our local netas for the sake of power will aupport congress to become sarpanch, mla, mp. Localmnetas could be our known people and family members too. That is the sad part
@@gopalkundu3583 you've some nerve to call the CJI and law system "Mafias." Know something about the horizontal form of power sharing? This is how law system functions-- debates and consensus.
Salute the Honourable CJI OF INDIA for his excellent interpretation of CONSTITUENT ASSEMBLY OF INDIA in relation to the article 370.Kapil Sibal was,knowingly,on wrong foot.Sibal, remember J&K is integral of part of India for for thousands of years.
thanks Nikhil ji
Sibal's family came from Pakistan
Solicitor Salveji needed to deal with such anti nationals
This expected from congress and Sibal to stand against India’s national interest.
What kind of national interest?
It's only bjp interest
Yes. It is in the interest of the country
@@shuklanath8223 which interest??
@@Amarjeetyadav-wt3yy in usa every state has its own constitution You are saying a seperate constitution doesn't have a control over a state.
Saudi Arabia and UAE can invest anywhere in India but they choose Kashmir. Why?? Think wisely
More than 3 million people visited every year Vaishno Devi before and after the removal of article 370.
Check the number of 2012-13 tourism of Kashmir you will know something
@@Amarjeetyadav-wt3yy On which basis u are saying that I hated my beloved country.
Just because I am opposing something??
That's shame on ur mindset
When the love for the nation is missing in someone, he or she will argue against the nation.
CJI DYC Just demolished his all prepared detailed arguments just within minutes. This CJI is genius.
Sss he is good when he is against congress and he is bad when is against bjp
@@amshe2464what do u want to restore 370 just to give freehand to separitist do u have any morality towards hindustan or u r outsider
Yes but I see
CJI being praised when he talks something which is being in favour of Centre and being trolled when he gives a order which goes against one centre party
@@sumandutta319she is just anti Modi and can even violate legal and nationalistic borders
@@sumandutta319 y u talking only about 370 talk about Manipur through out india all the people are panic about rss and bjp
He is just playing with words and terms. The powers of constituent assembly have got transferred to the legislature. That's all. 😊😊
Is it mockery, the legislative assembly will be a sumoto constituent assembly.
Explain how?
Sibbal is hero for Pakistan relentless efforts for Pakistan
Shame on this Sibbal.
@@EMTMZ exactly
What you said is true if J&K is not part of India and belongs to Pakistan.
J & K is belong to Pakistan you mean?🤣 Nonsense
Even Pakistan is Part of India, There is no country in the world who gifted land like this to peace lovers despite that we are made anti Muslims
Sibal is aggressive as he has nothing to logical statement answer. Stretches too far
Kapil Sibal sir! you forgot to mention one more point..
Only Congress Govt. is permitted to amend the constitution of India 125 times, nobody else is permitted to amend the constitution or even to become the PM of India.
All elected non-congress PMs should be declared unconstitutional😂😂
Sibal is not in congress
The current government should set up a council of eminent lawyers, civil servants, and members of civil society to review all amendments to the Constitution that was enacted under Congress rule and see how many of these were detrimental to the country and reverse them. Can’t trust these Congress guys to have done anything above board.
@@Packiam07 the entire consitution will be invalid then, how they introduce secular word in peamble when whole opposition was in prison. this is the same congress who issued order for the genocide of sikh protestors.
@@chiruboini6264But he is polarised with whoever is there against bjp and Modi he has not recovered from his past injuries when he was in congress
First of all
Ppl should realise that
No political party is anti national
Labelling opposition parties as anti national is heinous crime
Anti constitutional is anti national
Whoever is against
Liberty, equality, fraternity
Is anti national
It's unfortunate and a matter of shame to all of us that People like Kapil Sibbal too exist in our society
How our honarable court has so much time to listen to this Sibbal, when there are so many cases in the different courts in country.
Kapil Sibbal sir point is genuine that in Artcile 370 Clause 3 there was a mention of term constituent assembly which means president can amend that article on the recommendation of constituent assembly and constituent assembly was dissolved in 1957 and they didnt change it which means they wanted to continue that article
But i have a ques that if the constituent assembly of Jammu and Kashmir wanted to make that article permanent then why didnt they replace the word "temporary" with "permanent". which means that they didnt want to make this permanent
Let people of Kashmir decide what they wants
Yes you are right
Look at the arrogance of Sibal ! Cji reprimands saindeepak but tolerates this bigot!
Anti-India, anti-Hindu lawyers get respect from our courts. There's something in the Indian Bar Council laws that we common folk cannot comprehend. It is only to be quietly understood by the black-robed folk.
Huge difference between the bigot Sai Deepak and a man mature in governance and Constitution like Sibal
@@meret99stature of bad?
@@meret99enlighten me about his maturity
@@meret99 Yeah agree! There's a huge difference between "Zero-loss Sibal" who defends terrorists, corrupt practises, corrupt businessmen, politicians, babus and a nationalistic Sai Deepak, who doesn't mind calling a spade a spade.
Don't compare a cestod with someone like Sai Deepak.
Mr Sibal should get serious , this is going to be watched throughout the country
His reputation cannot become worse.
You think he cares?
@@keshavdawra12 who cares about what he thinks
Hats of to CJI CHANDRACHUD SIR BLESS HIM ABUNDANTLY
Court has lot of imp work to do . We will be obliged if u dismiss this unanimously.
The original jurisdiction of the Hon'ble Supreme Court is "constitutional amendments". It's the duty of the Supreme Court to deal with case, lock stock and barrel.
This article 370 was passed by the Parliament,and Parliament has the right to abrogate it.This issue should not be taken up for hearing.
The supere court says that Article 370 was as like as other article introduced by and taken away by the parliament. But what SC is lacking behind/ignoring the fact that the Parliament itself made it compulsory for the parliament to take the ascent of the J&K constituent assembly. If it was according to the article 3 of the Indian constitution means that it was the valid law and also it was introduced before the doctrine of basic structure, so there shouldn't be the question of constitutional validity of the same. But now when the parliament has illegally abrogated the Article 370 by making the parent law invalid hence violating the doctrine of colorable legislation. CJI asked the procedure for abrogation of Article 370 without himself explaining the procedure for abrogation of 9th Schedule.
Matlab jo tumhe acha lagta ha wohi koregay at the end of the day. Law aur procedure ki koi value hi nhi ha.
@@ShabazAhmed-vh9kpthere is nothing illegal in politics. If the article was abrogated and was done successfully to stay for all this time, it is legal even if it is not ethical as per some. What is extremely clear is the hate that you have for centre which is why you keep calling the abrogation not right. Even if the method was illegal, it has done wonders for the state.
@@versateum12 politics can't override the law and the procedure established by the law. The belief that the law is the utmost superior binds the country and the peoples. It doesn't matter who is violating the law be it center or the state, what we should aspire for is the applicability of the justice.
@@ShabazAhmed-vh9kp oh really but you guys were quite OK with violation of rights and demand of a separate country in the past decade. Nobody cared to mention the atrocities on pandits. I' ll tell you why because it doesnt suit the agenda. The law becomes important only when it suits the agenda.
@@versateum12 j&Kians never demanded for the separate country. Rather they have demanded for the promised plebiscite and are demanding now also. There is nothing wrong with this. Kashmiri pandits are J&Kians. Indian govt always exploited our pandit brothers for the sake of politics. Article 370 matters to Kashmiri pandits as much as it matter to the other J&Kians.
Sibal sees Kashmir as a sovereign entity.
Such a scenario cannot exist because it then becomes imperium in imperio i.e a sovereign within a sovereign
The faulty historical provisions of the constitution has now been corrected .
In my opinion courts must not encourage wasteful deliberations such as this .
Exactly
I don't understand why the honorable Supreme Court is entertaining such illogical discussion on issues that have already been solved.
Absolutely.
@pkk5612 There are some people who can compromise their honor for money, these challengers get anough money from ISI, Army of Pakistan.
With out the will of people of Kashmir all is waste, let people of Kashmir to decide what r they wanting, show ur courage
Let's correct Article 371 C for Manipur to solve the present Crisis once for all.
The term "temporary" was added and associated with article 370, and Late Shri Nehru has said with time this temporary will vanish. As from Kingship to people elected bodies were taking place in a democratic way (evolving). This in turn were expected to meed the future need of the people of the state. So sometime this article was to be abolished or withdrawn.
Correct but with the agreement of the Kashmiris....who dissolved their Constituent Assembly without any agreement
Mr.Sibal is an ignorant lawyer who believes in rhetoric not logic and law, he became a big name only because of congress not ability.
Big joke. 🤣🤣🤣
And now we can see what he says in the court. Lack of conviction is appaling
Good truth
This kapil Sibbal against 370 and fighting at Supreeme court. Shame on you Sibbal. Are you Indian or pakistani?
Hahaha look who is saying
Thanks for telecasting.. You have given me another reason of why to vote for modi...
Missing our great Subramaniam Swami....he is needed
Subramanyam is fighter.....
Wonder who pays his legal fees for such frivolous anti India cases, when his legal fees is >₹25 lakhs per appearance. Add to this his rates per hour for studying/preparation of petitions,etc...🤑🤑
This is best way to consume account of woqf board. Let them
Work of the constituent assembly was over while framing the constitution. There was no legislature then. Thereafter the legislature never debated the abrogation of the Art.370 or even the permanency of Art 370. As JK Legislature never made it permanent therefore Indian constitution never guaranteed the permanency of Art. 370 so it was open for the Indian government to abrogate. The abrogation is now open for confusion therefore the only way Sibal can prolong the case is by infusing confusion. Everything is history, today we are in 23 rd century. Enough is enough . My brother soldiers have laid down their lives just to prove that JK is an integral part of Bharat. What is Sibal's take on that? Our army is not a like a UN army in our own country. As of today we have acquired JK by abrogating Art 370 and not a single countryman will accept the argument of double Sibal even the CJIs don't agree seeing the mood in the live proceedings. The fact is Pandit Nehru purposely kept it hanging because he knew that one day a strong popular PM will come and abrogate the ART 370.
Your argument is not in a right direction. If at all Art 370 is to be abrogated it has to be done with the recommendation of the constituent assembly, which has not been followed.
So u want j&k keep burning
@@nagarampasulamogili3912
The constituent assembly was a group under oath to king geroge the vi...and under his and privy council instructions to make sure the draft of the constition followed the govt of india act and independnefe act...
So when they got rod of the independnece act ..and did not get it signed off by the Crown ...the constituent assembly violated its oath and the republic created is a rogue republoc..since it also rejected the accessin treaties ..
The state reorganised afer 1949 are thus counterfeit versions of the frqnchises of legal entity created via the accession treaty ...
Since it is rogue it is under no obligation to abide by the accession treaties ..
This is what we see in manipur..
Clear violation and fraud run by the centre and the state..
Becuuse the whole constittion is a fraud ..by violating oath of the consituent assembly ..
The accession treaties are still live though on the britosh parliament and can be activated on instruction of soveregn who is the beneficary of accession treaty ..
( that is each individual ..who can acrivate the treaty bybbecoming creditor over the Criwn..until then the rogue counterfeit republoc can keep running the fraud ..
Even the supreme court can violate its own rules..as seen in bilkis bano case...
The accession treaties and new ones instructimg.the Crown will soon be activated ...
becuase of the covid scamdemic ..and use of bioweapons to commit mass murder on public ..
@@nagarampasulamogili3912 Yes, what you have understood is right...
40 + Army men were sacrificed by bjp in pulwama for electoral gain.. but that didnt hurt you or th8s nation ?
Mr.. Sibbal nothing is permenent in the Universe.
Philosophical logic
@@LawChakra😂😂😂
@@LawChakra.Indian constitution might be empty philosophy....Nothing is permanent is THE BRUTAL TRUTH....I heard that your abbu...the Great Britain doesn't have a codified constitution?????
@@lrpunk123By your logic, if nothing is permanent, then even India itself is not permanent right?
@@Insightful_Truth Maata naasti Pita naasti, Naasti bandhu sahodharaha; Artam naasti gruham naasti...tasmaat jaagruta jaagruta....
Parliament can overturn any supreme court decision, like shahbano case so Kapil sibbal and supreme court are wasting time!!
We will not implement 370 again in Kashmir, period.
CJI's argument left Sibbal speechless
How could a supreme court lawyer say that "there is no constitutional way to amment a article in constitution"
Law : justice delayed is justice denied
Courts : We need 360 years to clear back logs
Citizens : Paying taxes to be held hostage by an adopted western failing legal incompetent system. Simply GREAT 🤐
Complaint this to parliament 😂😂
Who have power to increase no. Of judges in court 😂
Andhbhakt 😢
you had no option , you had to copy the british rule and then make a new one , but yes you are still using british rules , and yeah let me clarify , they have better system than your degree of imagination
@@mraspirant3011 its a fact, not a complaint. And what makes me andbhakt ? for stating the end result of a delaying system ?
@@mraspirant3011their are vacant judge post, and no of judges were increased by BJP led government and their placement is up to collation. Now go and bark somewhere else. Librandu
@@justwatching8395 andhbhakt I am taking about increasing the no. Of judges which is currently less with this huge population 🦉
Many amendments had been done in article 370 in the past also; so all these petitions has no validity.
Only Congress Govt. is permitted to amend the constitution of India 125 times, nobody else is permitted even to become the PM of India. All non-congress PMs are unconstitutional😂
@@nsn-india711😂😂😂😂😂
@@nsn-india711Whoever becomes PM of India must have the blessings of the Nehru -Gandhi Raj Porivar..... ..... The RAJ PORIVAR has been awarded the lease agreement for thousand years to Rule India directly or indirectly by the British when they left India .
@@nsn-india711Does Govt of India have no power to abrogate 370 from Kashmir which is integral part of India. India had fought four wars for Kashmir. Are all these illegal & under the jurisdiction of "CJI & the Court Matias"?
The arguments advanced by Kapil sibal would lead to some bizarre implications -
One , that provisions of constituent assembly of Jammu and Kashmir are now immutable, and it cannot be amended even by amendment.And,the provisions framed by constituent assembly of Jammu and Kashmir have overriding powers over the provisions of the constitution of India.That is why,now article 370 has been made permanent just like basic structure by the constitution of Jammu and Kashmir.
Third, the sovereignty of parliament or writ of parliament would run to the state of the Jammu and Kashmir to the extent it is not repugnant to provisions of the constitution of Jammu and Kashmir.
Amazingly, the court is giving heed to bizzare arguments
Let people of Kashmir decide what r their well what they wants
@@Student11333 Let there be constituent assembly Abra ka dabra
Does Apex court have power to interpret the JK Constitution?
@@Student11333whence the Maharaja signed the accession....the 'PEOPLE OF JAMMU AND KASHMIR' transformed to 'PEOPLE OF INDIA'....and there ends the matter
@@vinayakdhulap 141, 130 padh le jaake Supreme Kotha koi bhi law intrepret ya review kar sakta hai
CJI Must Close The Age Old Shop of Sibbal through this Constitution bench formed for Article 370.
Kapil sible ka bank transaction check karna jaruri hey (CBI & NIA action), Q ki sab case be use objection hota hey . Jaise ki Ram Mandir, Tin Talak etc
It's people like Sibal that makes me wish that thousands of Godse's must be born in Bharat. Jai Hind 👊 👊 👊
Time to retire Mr Sibal... better fir you and much better for you clients who pay through there nose to get this commotion struck legal services mind.
Even a layman like me, realizes KS is going around in circles and wasting everyone's, specially the SC Time
Nice points raised by kapil sibal.. Enabling the CJI to think in diff context. Kudos to Kapil sibal.
Sibal is shameless and unethical person he can go to any extent for money. He is still ignorant about the benefits of abrogation.
@@kamalkishoredalmia2255 I think you need to check out Constitutional law
Sibal argument is baseless 😅
How
Wonderful insight into the actual arguments and proceedings in the hallowed precincts of SC! Impressed with the CJI's incisive questions and remarks!
Mr Sibal definitely is erudite and intelligent. Unfortunately his argument that in absence of a Constituent Assembly, State Legislature cannot take on the powers to make decisions sounds hollow and illogical
seems like SC is leading Sibbal on the way to make him a hero out of this.
I have always seen Kapil Sibbal to take the cases which are always against the nation.
Triple Talaq, CAA, 370 - he always stood with opposite of government decision.
I don’t know why the people of Chandni Chowk use to elect him from this constituency 😶
Advocates cannot be loyal to country. They can only be loyal to their client.
Looks like sibbal should retiere😂
Gray areas !!
He will not retire until death.
Wow outstanding
Quiet wonder why sibbal is always on anti india side. Who is paying him for appearing
History is very important.... and the learned person brings in. Let peace prevail in Kashmir and people enjoy their freedom.
What freedom you are talking about?I
Kapil sibal is getting old. He need to go back to school to study law again.
Presently the bench looks like advocates and Sibal like judge.
yeah he and pappu can join the same school and start from abc ...... lets see who matures first .... if they are alive until that happens that is.......
@@vinayakdhulap after all they both sail in the same boat outside the court/unofficially..... there sure would be an arrangement/agreement.....Scamgress is the boss......
Thank u judges thanks a lot
Sibal is proving that he is worth only to get bail for petty matters.
Constitution should be above all.
Nothing should be above constitution, for safety and integrity of India.
Top Notch by Sibal
Cji said in the court when sai deep was arguing cji said dont teach me. It is just like an ordinay man and not like that of a judges standard.
CJI Treats sibal like he is his baap.
CJI is right to point out what is the mechanism presently available to change or modify post the formation of the Legislative assembly and the Constitutient Assembly seizing to exist. Since there is proper answer to this the only correct authority to legislate on Constitutional issues will be the Indian parliament's constitutient assembly. Therefore no law is permanent and can be reformed by Indian parliament.
he is not understanding. here the constituent assembly refers to the , Constitution making body before 1950
The supere court says that Article 370 was as like as other article introduced by and taken away by the parliament. But what SC is lacking behind/ignoring the fact that the Parliament itself made it compulsory for the parliament to take the ascent of the J&K constituent assembly. If it was according to the article 3 of the Indian constitution means that it was the valid law and also it was introduced before the doctrine of basic structure, so there shouldn't be the question of constitutional validity of the same. But now when the parliament has illegally abrogated the Article 370 by making the parent law invalid hence violating the doctrine of colorable legislation. CJI asked the procedure for abrogation of Article 370 without himself explaining the procedure for abrogation of 9th Schedule.
Matlab jo tumhe acha lagta ha wohi koregay at the end of the day. Law aur procedure ki koi value hi nhi ha.
Oh my Rahul baytaa i thank God for this gd verdict god bless u my son of india i prayed as n thanked God so so much gd relief ❤ thank u judges god bless u all
Your Rahul apologised in supreme court on Rafael case. Rahul is serial offender. Ask him to hold his tongue because 8 cases pending against him
@@vishnuvamshi182 ha ha if have to sue BJP for all comments they pass court will be adjourned for ever. . Hold all their tongues too. . Since on ruling side not all that the fascist does is right. . Life is a circle day will dawn for the darkness to leave. .
@@SAMEBE may I ask y this brave man in Rafael case apologised in sc ? In that case any political party involved? When asked to apologize in modi Sur name case he unnecessary brought Savarkar in it. Later apologized because of opposition pressure. This man tongue can never be controlled.
One thing is assured BJP trp is going to increase from here on.
Sibal long live ,charm of Indian democracy 🎉
CJI got his argument through and able to shorten Sibal tail and cut his horns
I think u don't even understand the single word of sibal sir
Till when Mr Sibal will sell his soul... Such Shame... At least you should come forward and try to make India one nation but you are for the sake of power fighting to demolish even the country
This man is really dangerous for youth as well..
kapil sibbal is such a headache..i mean how would india be benifitted if 370 is back?
he should be kicked outmof the supreme court
How can eminent lawyer like kapil cannot understand the difference between 370 and 371. If then constituent assembly had thought about keeping the J&K special administrative power then they wouldn't have made the temporary, transitional and special provision. otherwise they would have kept it under 371 like others. 370 was temporary for specific time period which have been done and dusted.
A criminal standing and arguing about law.
Ha ha ha !! :D :D
Since Constituent Assembly is dissolved, hence no laws that it formulated can be dissolved.
Wah bhai wah.
The PARLIAMENT had REPLACED the Constituent Assembly.
The function of both bodies is to form laws.
So DON'T BEAT AROUND THE BUSH, Kapil.
Agreed
No, parliament has not supplanted the constituent assembly. Read the keshavananda bharati judgement. Parliament can not rewrite the constitution: that job is for a constituent assembly.
@@LITTLE-ROCK post 1957, the president has the power to scrap artical 370
@@meetpatel5054 no. Nowhere does the constitution says so. Read what Nani palkhivala said about the issue: he said art 370 can not be removed.
@@LITTLE-ROCKwait dont spread false harish salve who worked under nani palkhiwala will argue on side of government.and let me tell you harish salve is also a great constitutional lawyer
i couldn’t understand the arguments but the way kapil sibal is putting his argument , his speaking skills his body language is top class, one of the best speakers we have in the country maybe , i never knew.
I hope he is more inclined towards the country’s interests and not against.
Article 370 was temporarily inserted
100% Agree. But that is our view, lets hear from SC
Tumhari kyu jal rhi hai be, we want our 370 back
We want 370 jammuandkashmir
Come on Sibal never give up
CJI salute you
Good Mi,Lord...At the Rightway proved your kind Control "🙏🙏🙏🙏💩🙏🙏The Supremo"
Constituent assembly should have removed the temporary provisions. If they did not the president will do so.
Jai shree Ram
India ka sabse bada hoodwinker - sibbal😂
Cji is so free tht he is hearing a no case
Sibal anf congress the new Muslim league head with secular word on the alliance
If this was not sibal,that person would be shutdown and sent away.
Kaapee Cballz is a politician at heart and this politician's strategy has always been to obfuscate and be victorious at all costs by any means.
Kapil sibal tries to say once constitutional assembly give farman than it becomes word of God,it can't be altered.
CA is established at centre for purpose to create a constitution hence same for J&K.
CA of J&K clearly said 370 is temporary,transitional & special once it dissolved LA has power to amend or remove whatever suitable.
Any way the sadar-e-riyasat,PM title & all was revoked by Nehru ji,become same as other state..so parliament has all power to do anything.
Hon'ble CJI salute you. Have Faith on you.🙏
If we had a MAHARAJA ..... Then it in itself means that it was HINDU majority state !! Else wouldn't it be like SULTAN ? 😅 Now the question is "What happened to that majority ? "
well, junagarh had a hindu majority with a muslim sultan. Kashmir had the opposite case.
you are forgetting that india remained majority hindu after 1000 years of muslim rule.
Also that rulers are not elected, but people with swords who subjugate the population with their power and extract taxes to keep feeding their soldiers.
So if we had a Mughal Sultan, then it in itself should mean that it was MUSLIM Majority state? Else wouldn't it have been Maharaja? Now the question is, "What happened to that majority?"
@@tahasb haha, well said.
You really believe that you've put forward some high intellectual question their, don't you?
@@tahasbeveryone knows what happened to the Hindus there. Either converted or killed or chased away! So don’t you guys try to argue
Congress Mukta Bharat is very necessary for dignity of Bharat.
Mr.sibal always sides anti-national agenda. Unfortunately, SC is giving lot of weight to him. Else when it's a temporary provision as per constitution, arguing that only constitutional assembly which got dissolved can authorise the repeal is unconstitutional as it is a clever plot to dissolve const assembly
Absolutely correct
Read article 370 throughly
It meantions upon the recomendations of leggislative assembly any decsion on its repeal can be taken.but in 2019 there was no legislative assembly.so govt abrograted it unconstitutionally
Jai hind 🇮🇳
CJI should also ask who is funding kapil sibbal for 370 removal .. this should be made public, everything will be clear .
You listen sir constitution of india
Jihadis and Khangress
If congress come to power they will seed the j&k to Pakistan..
Ye Sibal kabhi koi case jītā hai kyā. Ye Sibal, Bharat ka public enemy no:1 hai
The technical issue is of no relevance today since Constitutional Assembly is not now. But amendment is urgently needed now. So Parliament is all powerful in all respects including the amendments of even Constitution. Constitution is there, Parliament is there to amend anything and everything needs to be amended. So power of Parliament cannot be challenged if done in Constitutional framework, and in exigencies extra-constitutional provision can be invoked by the Parliament by means of amendments. Here the Parliament will play the role of the then Constituent Assembly in all practical purposes. When the Head of the State puts it's assent any document, bill, or order becomes valid in all its paramount implications.Mr Shibbal is misleading the Bench as he has done in many occasions earlier. Legal jurisprudence should not allow such vague arguments for the sake of argument only .
No protection to kashmiri pandits & other Hindus & Sikhs
I watched this 4 times, to try and understand what Mr. Sibal is trying to establish. The judges were clearly saying that the constituent assembly was at the time of making the constitution. The abrogation happened now. So, is Mr. Sibal asking for the formation of another constituent assembly. Can someone enlighten please.
Ak kam Nehuru ne kya karke gey, jo ab bhi hame jhel na pad rhaa he. Ye ak bat hi samjh araha he.
Why you say so, Nehru did lot of good things. Every leader shapes the nation in his own way, and in the process makes mistakes and wins. Its part of his/her job.
@@LawChakra But LAw chakra , how can you ingore the history that nehru did before indepence ? sure after indepennce those were poltiical mistakes not made by choice , but before independence he was voted to power by a biased vote influenced by MK gandhi , IF check the books of his colleagues they mention the cheating and rigging done by MK gandhi . mk gandhi chose him as flamoboyant poster boy who can deal with English in their langauge and manners , this is well documented in the books and the competprary history . is that justified , the negative outpour for Nehru family and nehru is due to pre indepencne history and post indepencnce non poltiical mistakes. , there were many mistakes which were not judgement mistakes but mistakes of ommission and negligence . he simply could not uphold the indian intrest well , Sardar Vallacbhai patel would have been a Prime minister if elections were not rigged by Gandhi , Want references ? I would post them too .
If Nehru would not have the PM, then India would not have prospered this far. PM Neheru had a high vision at that time. He was liberal in his views and always participated in the parliamentary proceedings, unlike PM Modi. Pandit Nehru toured the whole of India and understood its nook and corner. Mahatma Gandhi preferred Nehru over Sardar Patel because Gandhi realized that Sardar Patel was extremist in his views and the situation was probable to make him the PM. If you read 'India wins freedom' by Maulana Azad therein he mentioned Sardar failed to curb the communal riots in Delhi as he was the Home Minister. Mahatma Gandhi had been assaulted multiple times, and Sardar Patel could have avoided the attacks but he failed in his duty. Mahatma Gandhi was assassinated.
Who has more authority - PM or HM ?
You seem so educational then do clear our doubts regarding the Nexus of Congress and Jinnah's party on the partition of India.
Do talk about the Role of Appeasement policy by Nehru Ji in J&K as well as in Rajasthan border districts.
What's the role of Gandhi Ji and Nehru ji in Unifying India.
Why in Pre-independence period.. Demands and actions of some emerging Politicians within the party was criticised to such an extent that it led to create plethora of opinions regarding the goals at one moment of time ?
@@raw25_ Brother, nobody is denying the staller job done by Sardar Patel. He is known as the man of Unity. He is highly credited for unifying all princely states. The Jammu and Kashmir problem was unique, unlike other pricey states. J&K acceded to India because of Nehru's statecraft. Nehru shared a bonhomie with Sheik Abdullah. Both were liberal in their views and understood the politics of that time. Nehru had made multiple mistakes in the past but he admitted his errors. He never ran away from his problems and blamed others for his mistakes. The problems during his time were unique and very difficult to deal with. You, people criticized Nehru cause he approached the UN for the Kashmir dispute. He expected some justice from the UN but it turned out against him. Regarding the problem of Partition, Everyone was against the partition including Nehru. It was all because of the British divide and rule policies. The past is the past and cannot be undone.
If it would be someone else in place of kapil sibal the judges would have shouted on him and would have done a moral policing in court but cause he is a politician and khangress had their hand on him they are scared to even say anything
The main petitioner mr. Shah Faisal has withdrawn his petition and moved on. He has rejoined indian Administrative service which he had earlier quit. Why is the honourable SC even hearing this petition when therr are millions of pending cases. Misplaced priorities?
Rember sanghi fog Arnabs case ?
Too much democracy here
Hats off to Chief Justice of India.
Why ??? He does not have it in him to give a Firm Shut Up to Kapil Sibal = that apparently is reserved only for the Commoners ??? Bad
Theses are the forces against Indian sovereignty.
Is this lawyer coming from Pakistan ?