Live Hearing Supreme Court | Final Argument by Adv. Harish Salve I Shiv Sena I CJI Chandrachud
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- Опубликовано: 12 сен 2024
- ►अपनी क़ानूनी समस्या को 1 कॉल पर अभी सॉल्व करे (Legal Opinion)
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Case Title- Subhash Desai v. Principal Secretary, Governor of Maharashtra & Ors. | WP(C) No. 493/2022
As the Supreme Court continued to hear the cases related to the rift in Shiv Sena, senior advocate, Harish Salve, representing the Maharashtra Chief Minister Eknath Shinde-led faction, said that the then Maharashtra Governor Bhagat Singh Koshyari did the right thing by conducting a floor test in the state legislative Assembly amid the Shiv Sena crisis.
Senior advocate Harish Salve by way of a rejoinder. h argued that the top court has shown its disinclination to invoke the Tenth Schedule where there were ‘sizeable’ breakaways since the law was an anti-defection and not an anti-dissent law. “The right of the party members to members to dissent must be balanced,” he said. In defense of the Maharashtra governor calling for a vote of confidence, following which Thackeray had tendered his resignation, the senior counsel added, “It has been firmly laid down by this court that floor tests are to be conducted not in the Raj Bhavan, but in the assembly. Whenever there is a question mark on the ability of the chief minister to command the confidence of the House, the governor must call for a vote of confidence. Your Lordships have said let democracy play out on the floor of the house.”
In conclusion, Salve cautioned that accepting the petitioners’ prayers would amount to transgressing into an entirely political field. “The journey that you are being asked to embark on is to speculate on what would have happened if the matter were to be put to a vote of confidence.”
Courtesy:- Official RUclips Channel of Supreme Court of India
Disclaimer:- This video has been made from the Live Hearing of the Supreme Court which is available on the Official RUclips Channel of the Supreme Court of India.
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अपनी क़ानूनी समस्या को 1 कॉल पर अभी सॉल्व करे (Legal Opinion)
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Salave sir is legaly,logically,practically justified and resulting natural justice in case.
Delhichya aurajebachi jastach chatat ahes
Salute to Mr. Salve Sir
Any layman will have doubt for majority of government as 46 MLA had given Letter to Governor that they are not supporting. Governor had given fair chance to Thakare to prove his majority. But Mr. Thakrey was more confident than governor that he doesn't have majority and ran away.
Very well explained by Salve Sir @ UT
It requires razor sharp intelect and clarity of thought to wade through deliberately made mess by oposite side and bring the logical , convincing truth in light. Adv. Harish Salve sir since being ace chartered accountant by initial education, is very meticulous and accurate about his submissions which are not just impactful but compulsive on judges.
What a brave hon. adv. Harish Salve Sir! Even judges' bench also respectfully listens and ask him.
Mr. Salve is absolutely to the point. No dilly dallying, no emotional appeals or jugglery of words.
Kami pit ja aurabjebachi pi...😂😂😂😂
Mr salve is supremely supreme !!
Very nice explanation Mr Salve !!
मला असं वाटतय की सरन्यायाधीश कितीही प्रश्न विचारत असले आणि त्यावर मीडिया किंवा अन्य खूष होत असतील तर क्षणभर त्यांनी व्हावं. पण ते सुद्धा कायद्याच्या चौकटीतच निर्णय घेणार. Abp, घत उबा यांना शुभेच्छा.
Simply Great....
Harish salve is good and knows his job plus he is constitutional export his knowledge of Indian constitution is more that many judges of Supreme Court and high courts
God bless u sir
The judges must be fair, unbiased and competent to deliver justice.
Need of the hour is HONEST lawyers like Mr. Salve, not just vocal lawyers like those of Congress's.
Lawer and Honest are opposite words..
Now after today's hearing last chance be given to Salave ji and then judgement which will come should points in favour or against alongwith suggestions if any for improvement.
Wah! Mr. Salve very well relied to CJ I ‘s observation against Governor
The CJI needs to be unbiased
Dispute the absolutely logical compelling and convincing arguments put forth by Respected Adv Salve and the huge body of relevant past judgements and clauses from Constitution he is quoting, I fear that the opinions voiced by CJI today ( widely reported in press) in this matter do not portend good tidings for the Shinde faction. CJI openly criticized Governor action and accused him of precipitating the fall of MVA govt. How CJI could voice his opinions in a case undergoing hearing beats me. Is it not showing his bias? How can we expect a neutral unbiased impartial judgement on pure merits from Hon SC??
That's why we call them SUPREME COURT advocates ! And common people( some exceptions ) are scared to approach them fearing their remuneration payment.
Salve sir you have vast experience.your arguments are literally resembles to tha facts
श्रीकांत जी, सत्य वस्तुस्थिती परखडपणे सांगितली त्याबद्दल धन्यवाद. माध्यमांतून किती चुकीचे दाखवून लोकांची दिशाभूल करीत आहेत. हे HMV पत्रकार अजूनही मविआच्या बातम्या रंगून दाखवितात हे लोकांनी ओळखले आहे. त्यामुळे त्यांची विश्र्वासार्हता लयाला गेली आहे. TRP घटत आहे.
Judiciary is suppose to act on history not on speculation
Mr Salve absolutely Cristal clear analysis before everyone & hn supreme court, citizens expecting great milestone judgment & lesson to all politicians. High time to have & enforcement very updated strict selfless Cristal clear approved by citizens of nation scholar model code of conduct for all political parties and members
Request to All advocates; please sit and think about your own selection process for the higher/highest positions, it requires change ; most citizens of the country are watching your decisions; it is very clear from your judgements that the judiciary in interfering too much into the Hindu social activities by making it problems in the society ( burning crackers, style of worship in certain temples, jallikattu game issue, etc., etc., …., while it is not so. We Hindus are facing mass killings, be heading issues, conversion threats, unemployment due to extreme population growth, reservations to certain sections, etc., Please address these bigger social issues/problems if still some sense of responsibility exists in your field.
Please support Government to make one set of rules for all citizens of India without even mentioning about caste, category, sect, in any aspect of social concerns. Only then people can breathe normally.
This can be turning point. He quashed all thr arguments of Sibbal by decoupling Speaker's powers under 10th schedule and Governer's power of deciding floor test. These 2 constitutional Authorities have Exclusive jurisdictions with no coupling through Schedule 10. If speaker makes a wrong decision remedy is through 226 (that point was excellent) and since Uddhav resigned before the floor test he didn't face the floor test so he can not be reinstated by S R bommai(That was also good point he made). He made everything clear in his short and succint remark. This could nullify Nabam rabia on which Sibbal is capitalising. Had Udhhav not resigned then it was possible to say governers actions were malafide and CM be restored to status quo ante. But thr whole of argument of sibbal fails because Uddhav resigned w/o facing thr floor test, and that de facto doctrine and going round and round roping Election commision, seprating political party and legislature party, Definition of whip, and coupling 10th schedule with Governer's power fall flat because these are only extension of the argument there is nothing to support these in letter. The Harish salve's arguments are solid written in letter and spirit arguments with solid backing of kihoto hollohan. I think Uddhav has lost the battle.
Genius. Salve didnot allow CJI to divert from the issue, unlike Mehta.
outstanding submissions. To the point. No waffle
The present CJ is showing over smartness. He has become scj without having a single artical to his credit. Not
Having any importantc case that he has to his credit
His biggest qualification is that he is son of former CJI of India.
Yes! Certainly he is not going to be next RS member as Gogoi.
@@pradeepkumar7355 as like some who had done recently for rs he leaves his lovable party where he spend his 75% life in the party and join state level partu only for his own intrest.
@@ramsontakke4345 Their is difference between Lawyer and a Judge.
Good explain and disscus
Shri. Salveji salute to you Sir.
Jai shree Ram
Great
Mr. Salve is an asset of the nation.
Mr. Bhogal you can tell the people why we are still following the savidhaan written by babasaheb ambedkar in 1950. Do you agree that now it is time to change after 73 years. Ist it?
Long live modi ji ...baki sab choro ko jail me dalo
So except Modi, all other thieves means, you say Modi also a thief?
Yes .... Bhangarwalla's resignation was not taken inspite of him being jailed .... Anil Deshmukh and so many more are examples of corruption and mismanagement of their portfolios
@@anasmanalath are u such a fool?
@@alkaanchan9022 Kerala BJP president is accused in Hawala case since 2021. We are waiting for ED since then. Same with Karnataka BJP MLA who was caught by Lokayukta. Seems PMLA act only for opposition leaders.
जनतेला काम करणारे सरकार हवाय।पाहिले सरकारने 1।। वर्षांत के काम केले। आताच्या सरकारने 9 महिन्यात किती काम केले। अशी तुलना करावी। कामाला महत्व आहे।जनतेने काम करतील म्हणून आमदारांना व खासदारांना मते दिलेली असतात।उखळ्या पाखल्या करणे ह्यासाठी नाही।
घमेंड निकल जायेगी, सत्ता थी तो हम ही याहणके मलिक,हम बोले सो कायदा ऐसा होता हैं क्या?
अबपता लग जाएगा राजकारण क्या होता हैं?,जनता चढाती ती भि हैं और नीचे पटक भि देती हैं।ज्यादा अहंकार चालत नही हैं।
Cji is a gift of GOD to the Indian judiciary system & I am espoused , admired as an advocate
Court is just wasting time, by giving importance to irrelevant petition.
🙏👍 हरीश साळवे साहेब नमस्कार
Sibal is pleading as political realty not as per constitution but Harish salve is on construction provisions only .
It’s advice to judiciary not involve in political way be with present constitutional provisions only wether right or wrong.
I would like to hear on the CJI statement that the governor should abstain from calling for a proving majority in this case it helped to falling of Govt.
Harish Salve is the best !!!
A great lawyer and good person as well !!!!!👍🏻
Cji /judges, judiciary system, human rights & commission, RTI activist, ,(liu) local intelligence unit ,,please implement properly pocso act (prevention of children sexual offence)
ladies with minor girls in connivance with police falsely implicating innocent as accused to get Rs 5/= lakh & above from (DLSA) govt
Misuse of pocso act for tortures & extortion money in (minor domestic & civil disputes framing as rape), ,
Please🙏🙏🙏
Salveji untied the knots,one after another,in a subtle way,in the case
From 3:10, the argument is unbelievable.👍
I agree
मला प्रश्न पडतो जुन्या न्यायदानावर वकील चर्चा का? निर्णय काळा नुसार व्हायला हवा!!!!
असे नसते बावा.... घटना तीच आहे. आणि सुप्रीम कोर्ताच्ये निर्णय विरोधाभास निर्माण करत नाहीत
I read all the judgement which he has quoted
Who gets the right to intervene if citizens find the judiciary is not in right hands? Or partial or politically motivated or etc.
Parliament can start impeachment motion against judge, and constitute a inquiry committee.
Every thing is possible in this world…,
Hon'ble Supreme Court ke order nahi
manta Union Health Minister. Contempt pitition MA 1369 of 2019
in CWP 5874 of 1992 Chandigarh Tribunal me padi hai. Now democracy in danger. Save democracy everyone.
Mr. Sibbal is interested only in dethrowning mr. Shinde and reinstating mr thakre as cm who has resigned at his own.
Harish Salve has cleverly aligned himself with the interests of the ruling party. Ultimately history will also remember that, along with his other achievements in his profession.
Same can be said about Mr Sibbal.
History will have not much interest in his political alignment, perceived or otherwise, unless the sordidness of politics darkens his fidelity to the law.
ग्रेट सल्व्हेजि।
Mr salve don’t kill real truth of law. Let the law of this land live longer.
Please clarify the manner in which he is killing "real truth of law".
Harish ji is a perfect advocate
Result is expected...
Result comes in favour of Sibal and Salve ...
But,against Governor.😢
Whenever there is a defection and the majority is on the other side, then the members are supposed to be disqualified. Salve is not giving the correct position. Head counting is not to be done favouring a party. This is a dangerous trend which salve is favouring. These are not judicially manageable. It will definitely lead to horse trading. Suppose ten members of a political party combines with six members of a party which are in the minority and assume they get majority numbers, then these defection members could create trouble.
Salve is defending the action on assumptions before the newer acts/laws are still not in place
People travel from Mumbai to Gujrat to Assam to Goa..... then Mumbai.
MLA missing for 45 days from Maharashtra not performing their duties for the people of the State.??? Asking for justice....
Wait for. judgement, no need for further comment.
Super
Fantastic
There is only 1 pending case in sc since 6 months.. Which is going on.. What a non sence going on
My friend ye midnight 12 baje supreme court khulwate the wohi camp wapas agya hai hum jaese amm admike abhi koi nahi sunega and voters beshaq cheated hoe wo chalega baki sab uparwala dekhega
10 th schedule is crystal clear
Hai friends justice namaskar siva Sena first CM thakatji handour Siva Sena ache , govt ka change ache like balaji raju Bharat
Rightly is it said that, when an accomplished and sterling lawyer tenders his oral submissions, even the Bench listens with rapt attention. It is, indeed, the very job of the Bench to listen, but a lawyer of insufficient competence may be apt to be interrupted.
Milords didn't get chance to do ifs and butts. now they will have to invent or cook something in their collegium to agree with Kapil Sibal
अरे जजेस ना pdf pages सापडण्यातच एव्हढा वेळ लागतोय,तर उलट प्रश्न कधी विचारणार सळवेना?
Uddav Thakre,Case dismissed.
Sibal and Singhvi,now collect your fat fees and go to your Bank singing Natu Natu Notu Notu ...paisa paisa.
ये साल्वे कोर्ट में क्यों नहीं है ?
Why talk of speaker's role. In the first place every member of a political party is bound by the political party. If a member disagrees with the party, he should leave the party and form his own party or join another party.
It is question of how many elected members of same party are with the so called leader of same party. In democracy numbers are matters. Secondly what about UT who betrayed people's verdict and for self arrogance joined its opposition party to form government. So legally and morally UT us wrong.
Wouldn't it mean that the leader of a party (Uddhav in this case) has to resign if a majority of his own party disagree with his views on joining up with the avowed "enemy" of the party i.e. NCP and Cong.?
The role of the speaker was questioned by UT. he was unhappy that a floor test was ordered. And instead of facing the test, he resigned
@@jaihindjaibharat7376 rightly said
@@jaihindjaibharat7376 lol in which article this said so ..can you please elaborate
Locus for governor is clear for defecation
Adoket salve sir ok
Why Adv. Salave not appearing in court. Why special treatment ?
Although I respect his knowledge.
He stays in UK. He is UK citizen
He is based at London. Supreme Court has a provisiojn for virtual participation of very senior advocates if they are on some other important mission outside India.
Because Covid changed rule of the games forever.
Many pappu in rajniti,maligning nation dignity,devotion,integrity.
SHAME ON SALVE, promoting horse trading
One word for him SOLD
Dumbo!!! Horse trading happened in 2019.
Uddhav sold his father's legacy by joining with NCP & congress, he could have just sat in opposition and worked on building shiv sena more stronger , if BJP is bad, then are NCP and congress any better choice ? Now does he have choice other than again build his party instead he is wasting time with kejriwal
Shame on Sibbal, promoting Uddhav who shamelessly cheated his voters for power, humiliated his great father.
You have not pled any point of law. Impugn his arguments; such puerile imputations do not befit an adult.
Last 50 years I heard, balasaheb shipment.
This man in London making arguments which is not on constitutionl mortality
My lords are so high and mighty that they have become supreme than constitution effing colonial hangover
Mr, Salve is BJP and Modi Advocate
Like manu singhvi is congress dog?
The common man can understand that the government form in Maharashtra is not in good way.
People never gave their mandate to MVA. They cheated voters. Present Yuti govt is the govt people voted for in 2019.
Do lawyers have to have white hair?
They don't have time for dyeing hair
Mr salve runing of govt is thro assembly but not a
t governer office pl see earlier midnight govt formation without going thro assembly shows working of governer
Vain argument
Absolutely wrong
You lost the case. Your argument are more poor
Salvi is bjp
That does not amount to pleading a point of law, and is immaterial to the case.
And sibal and singhvi are congress..tho kehna kya chahte ho 😂
All commentators r pro bjp
Why not?
BJP jindabad Modi ji jindabad. BJP is the best government and Modi ji is the best PM ever. All Hindustani are proud of Modi ji.
Even the whole world recognises Modi ji as the prominent word leader.
Chamcha wondering why the world is sane and not acting like crazylot
He is adanis lawyer and modis friend now you can imagine the character of this lawyer
Harish Salve was India's lawer in international court against Pakistan who has charged his fee only one Rs.
Harish Salve (Marathi : हरीश साळवे) KC is an Indian senior advocate who practices at the Supreme Court of India. He served as the Solicitor General of India from 1 November 1999 to 3 November 2002. He also fought the case of Kulbhushan Jadhav at the International Court of Justice (ICJ). He charged his fee to one Rs. Only.
Chu
Sibbal is congress person so what is his character then?
@@rajendervallapureddy1564🤫 chup rho secularism hai😜🤪
HARISH SALVE is a disgrace to Nani Palkhivala's legacy ... Hard to believe that this man was mentored by Nani, specially the way he's playing in the hands of political masters.
Jai Shree Ram 🙏
You are urself proving that u are a disgrace to the nation by talking utter nonsense...u r urself playing into the hands of corrupt MVA sarkar and the ex - CM who had not even contested any election nor had he respected the voters choice because he was in allignment with BJP then and his greed for power made him join hands with NCP/Congress and dug his own grave ...
@@alkaanchan9022 haa bhai bjp asli party h jo logo ko mandate ko supprt krti h. wrna bjp ne thodina bihar, asam, MP, karnatka me govt. girayi wo to sb ese hi h
@@consolationprize5337 haar cheez main Jai Sri Ram likhne se kya hoga ..tu in bewakoof ko bhagwan ke saath jod Raha hai
Harish Salve (Marathi : हरीश साळवे) KC is an Indian senior advocate who practices at the Supreme Court of India. He served as the Solicitor General of India from 1 November 1999 to 3 November 2002. He also fought the case of Kulbhushan Jadhav at the International Court of Justice (ICJ).He charged his fee for one ruppe only.
Shinde group should be banned
Ha ha. Big joke.
Heights of Foolishness in your thinking 🤔.
Britain's Royal-Dynasty-Builder's , British n British Companies still didn't GO BACK COMPLETELY.
They do remote control n remote business n remote benefits n remotely controlled conversion n remotely connect n control thru our very few educated traitors n indian Traitor media persons n SOLD-OUT guys.
BBC NEWS IS MASTER OF MASTERS IN DOING MASTERMIND CONSPIRACIES OF INDOCTRINATION OF EDUCATIONAL VALUES N EDUCATIONAL CURRICULUM N SYSTEM ITSELF.
MOST CUNNING MEDIA IN THE WORLD is Western media AS IT HAS AGENDA THAN SHARING EDUCATION THRU EDUCATIONAL and Evil intentional DOCUMENTARY VIDEO.
BBC intention n agenda is very dangerous.
These Western nations indexes are completely fraud businesses. 😑 Genuine people across worpd will never believe these people .
Britain'sRoyal Empire's Dynasty Builder Politics n British companies n EUROPEANS n European nations n Americans are not at all reliable as these politicians are most fraud businesses in indexes n education n marketing n all kinds of Governance.
Every where they are completely SOLD-OUT n fraud businesses. 1000 percent correct.
FASCISM n DICTATOR-SHIP n E.V.I.L kinds of GOVERNANCE was executed by Britain's Royal-Dynasty-Builder's Politics N WESTERN POLITICIANS n Congress n UPA n
n ALLIES
= Why do Britain's Royal-Dynasty-Builder's n British political leaders , N.A.T. O Politician's n Portuguese n few Europeans politicians do FAS-CISM n Dictator-ship Nepot-ism and other kinds of E.v.i.l Politics. ??
Now the same, copycat political business has been executed by Indian politicians from Congress n Communists n Leftist parties.
They are thinking only this kind of Governance.
Most of them are not at at all , thinking in terms of Holistically Peaceful Development n growth with good governance. 🙏
Route cause of all, are started by Western Ideas n Western Kings n western politicians like Britain kingdoms n Moguls n Muslim sultanate n others etc.
Is it NOT a Political Evil Policy of Congress First Family members did worked on " Bharat Ratna Awards" ?
Why do Congress follows FASCISM n Dictatorship n Nepotism and Evil Politics. ??
All these Qualities are copycat of Britain's Royal-Dynasty-Builder's family.
1. Indira a non freedom fighter was Awarded before Freedom fighter.
The list as follows.
Year 1971, Indira Gandhi Year 1975, VV GIRI. Year 1983, Vinoba Bhave Year 1990, Ambedkar Year 1991, Vallabhai Patel Year 1992, JRD Tata, Year 1992, Abdul Kalam Azad Year 1997, Aruna Asaf Ali a Freedom fighter. Year 1997, APJ Abdul Kalam.
2. Rajiv Gandhi was awarded before Abdul Kalam Azad, JRD TATA, Aruna Asaf Ali, APJ ABDUL KALAM. etc.
It is OFFICIAL FACTS n REALITY of CONSPIRACIES executed by Congress's First Family since 100 years plans ever since Motilal Neharu became Congress president in 1919.
Most of the media n journalists never ever questioned this.
They were completely BRAINWASHED or SOLD OUT to congress first family.
Congress n Communists n Leftist were never ever talked against or questioned PFI n SPFI n Rohingas n Intellectual Terrorism as they do polluted Intellectual property.
Why they polluted the entire Intellectual property of the world world 🌎.
Why they are not working for " GOOD GOVERNANCE" .
WHY THEY ARE NOT INTERESTED IN " GOOD GOVERNANCE".
The Congress, DMK , Communist n Leftist will be finished in next 2 or 3 decades. Just wait and watch.
They are not moral as they think themselves as mortal .
Their ship is Sinking but they are thinking with over confidence are not understanding that there bottom there are many leakage in ship.
They are doing high levels of meetings at the top of the ship and looking at sky without any understanding the bottom of the ship.
There government is now 8 months baby👶👶
Christian mindset of new converts can never be trusted. Shameful
Why sinde did not oppose when balasaheb and whole party members accepted udhvbhau as shivsena chief when he was alive .sinde must have resugn fromm shivsena if he ihad guts that time kya Marika bachha nahi tha kya God will not forgive sinde and his group and bjp and harsh salve also.god is watching all betrayal by thugs .-next janama not Hinduism allthe best all thugs .-jaihind har har mahadev.
Can you look into the future? Can you say what happens tomorrow?
UT betrayed marathi voters for his arrogance this fact. We have not voted UT in 2019 to become CM with khangress and NCP. So what was happened in July 2022 as hindu voter I am happy with that.UT has no moral right to be a CM.
Please go to hospital hurry up
@@jaihindjaibharat7376 shivsena got when fought separately in 2014 -63 .and bjp 122 .in 2019 they join hands shivsena got less seats 57 -bjp 105 .it shows .shivsena is better when fight separately. It is shivsena who supported bjp in 2014 by considering bjp is hi du party if they had not supported bjp rule nahi Kar sakti it is now proven bjp is betrayal of janta party and also all its allies JDU has now splitter. Once upon a time it's allies , SAD splitter from bjp in Punjab. So we'll proven bjp is allies betrayal.BJP is fake Hindu party now working under influence of gulf countries also proven by many actions taken by modi .-jaihind har har mahadev.
@@jaihindjaibharat7376 True maratha can ot accept apman by governor koshiyari of chatrapati shivaji Maharaj and as believer of lord ganesh must think in right manner kya bjp ka PDP se marriage jo antinational party ka alliance was right .???????????.-kyabjp Railway Inkster suresh prabhu was told to repair Mumbai foot overbridge which was only 28 cr for 6 to 8 bridges was raised by shivsena but he had no fund in railway kitty but within 3 months in next budget he announced 36000 cr for bullet train kya jadu ho Gaya remains fund of 84000cr from Japan.. was it realy good for bumaikers who pays highest taxes but no facilities least bother about thier safety one of the bridge collapse innocent people died are you endorsing all this fiasco cheating by bjp.wah what a budhika diwaliyapann .Ho chuka Hai-jahind har har mahadev.
Shameful judiciary...5 judges bench never heard to any junior or not famous senior advocates for half n hour ..they are hearing him because he earns more than their yearly earnings per case/per day
Gomuthra nagpur half knickers argument