Beauty in our written constitution above the parliament as also the judiciary - but in preambles, justice is the umbrela.This makes India a great nation because of it's people who have inherrited such an all encompassing CONSTITUTION where no power of the parliament can alter the Basic Structure Doctrine well explained by Mr Fali Nariman.Jai Hind
The eminent Lawyer forgets that with Basic Structure Doctrine in place Indira Gandhi could devastate the scheme of basic structure ; Whtere was the Supreme Court at that time?
Then Mr Fali Nariman must also answer How the word "secular" was added in the hallowed preamble in 1976 when half the opposition was in Jail 😅 during emergency
Sovereignty belongs to the people of India. And with its elected representatives in the parliament, sovereign people of India has every right to amend each and every part of the Indian constitution. A bunch of unelected judges neither have the right to self appoint themselves in the supreme court, nor they have any right to infringe on the sovereign right of Indian people to amend their constitution as they want, for the welfare of its society.
What if these sovereign people you speak of, mob lynch their sovereign constitution, the same way they mob lynched their very own people ? There needs to be an authority, sovereign authority, free from the influences of the ill-read people we have elected, to judge upon their wrong doings. Who'd you have as the captain of your ship ? Someone who's well versed with seafaring or a roadside lunatic ?
it is not correct to say that basic structure of the constitution is sacrosanct because everything changes with time to keep pace with the felt needs of time. For instance socialism was brought in the preamble to the constitution. Self appointed judges and some advocates try to sermonize and to bring everything what they want into this arena. It is ridiculous judges want to be the last word on all matters including the appointment of judges and interpretation of the constitution on any matter they desire..
Fali Nariman has already scrutinized the collegium system of appointing judges at the same time disapproved of the NJAC as proposed by the BJP Government which would deeply effect the independence of the judiciary. But as far as amendment of the basic structure of the Constitution goes, can you describe what needs to be changed now as compared to 30-40 years ago to make the basic structure more feasible at present?
@@sdmhussain5435 Fali is no doubt a respected jurist but Parliament reflects will of the people. Secondly judiciary shouldn't be the last arbiter on issues involving conflict of interest.
@@mahabaleshwarpandit5117 Parliament, although is elected by the people, yet still, the laws they frame or pass will be subject to Judicial Review which is embedded under Article 13 which cannot be bypassed. Otherwise the Parliament or the State Legislative Assemblies will pass any law they want, which is why Judicial Review is important in a democracy to prevent abuse and misuse of power. There cannot be a democracy without Judicial review.
One thing Andhhbakts Don't realise is that , if basic sturcture and Judicial Power did not exists as of today.... They may be meeting Another Emergency like situation , once Their chai walas and chowkidars run out of power ... Vice versa ...
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Excellent!
As Chief Justice Hughes said, "We are under the Constitution, but the Constitution is what the judges say it is".
Beauty in our written constitution above the parliament as also the judiciary - but in preambles, justice is the umbrela.This makes India a great nation because of it's people who have inherrited such an all encompassing CONSTITUTION where no power of the parliament can alter the Basic Structure Doctrine well explained by Mr Fali Nariman.Jai Hind
In a democracy rule of law must prevail...preamble of Indian constitution is the democracy.....
Thank you India for this doctrine. From Malaysia o7
We need this kind of people, not like Modi , these are the real people who think about common man , true guardian of Indian constitution
the great lion of our legal system
The great constitutionalist
The eminent Lawyer forgets that with Basic Structure Doctrine in place Indira Gandhi could devastate the scheme of basic structure ; Whtere was the Supreme Court at that time?
The basic structure doctrine was propounded because Indira Gandhi misused her power. What’s the problem here?
Sooo nicely explained
Super 🔥🔥
Then Mr Fali Nariman must also answer How the word "secular" was added in the hallowed preamble in 1976 when half the opposition was in Jail 😅 during emergency
All credit to Nanebhoy palkhiwala
Thanks 🙏. By Adv Dilip Pawar
15 members bench can overrule bsd...and may come out with constitution structure doctrine
Sovereignty belongs to the people of India. And with its elected representatives in the parliament, sovereign people of India has every right to amend each and every part of the Indian constitution.
A bunch of unelected judges neither have the right to self appoint themselves in the supreme court, nor they have any right to infringe on the sovereign right of Indian people to amend their constitution as they want, for the welfare of its society.
Annddhbaakkt Spotted ..no DNA test required ... Mffff dumb faak
What if these sovereign people you speak of, mob lynch their sovereign constitution, the same way they mob lynched their very own people ? There needs to be an authority, sovereign authority, free from the influences of the ill-read people we have elected, to judge upon their wrong doings. Who'd you have as the captain of your ship ? Someone who's well versed with seafaring or a roadside lunatic ?
@@raw8155Better you should live somewhere else with dictatorship of your knowledgeable idiots.
@@raw8155Who will judge the judges? Stop making holy cows, unelected juges has NO sovereign authority to impose their will on any sovereign society.
👌
Best
Hi hi hi 📡📡📡📡
it is not correct to say that basic structure of the constitution is sacrosanct because everything changes with time to keep pace with the felt needs of time. For instance socialism was brought in the preamble to the constitution. Self appointed judges and some advocates try to sermonize and to bring everything what they want into this arena. It is ridiculous judges want to be the last word on all matters including the appointment of judges and interpretation of the constitution on any matter they desire..
You go cry in your Chaiwalas House
Fali Nariman has already scrutinized the collegium system of appointing judges at the same time disapproved of the NJAC as proposed by the BJP Government which would deeply effect the independence of the judiciary. But as far as amendment of the basic structure of the Constitution goes, can you describe what needs to be changed now as compared to 30-40 years ago to make the basic structure more feasible at present?
@@sdmhussain5435 Fali is no doubt a respected jurist but Parliament reflects will of the people. Secondly judiciary shouldn't be the last arbiter on issues involving conflict of interest.
@@mahabaleshwarpandit5117 Parliament, although is elected by the people, yet still, the laws they frame or pass will be subject to Judicial Review which is embedded under Article 13 which cannot be bypassed. Otherwise the Parliament or the State Legislative Assemblies will pass any law they want, which is why Judicial Review is important in a democracy to prevent abuse and misuse of power. There cannot be a democracy without Judicial review.
@@mahabaleshwarpandit5117 off course it should be judiciary and always is in every democracy.
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One thing Andhhbakts Don't realise is that , if basic sturcture and Judicial Power did not exists as of today.... They may be meeting Another Emergency like situation , once Their chai walas and chowkidars run out of power ... Vice versa ...
We lost our Saviour
Why is the constitution supreme? Because you say so?
We lost our Saviour