People commenting that this is a wrong comparision should first watch the complete video and understand what it is saying. An absolute beautiful example of check and balances and liveliness of our constitution. The judges are concerned about the aggrieved people in past, present and future.
Comparison of profession is literally dumb. The way the thumbnail is made and the title is wrong and full of immoral advocacy of a profession. There have been cases of corrupt judges too. Just an argument bw both cannot tell if one is supreme. The same bureaucrat might have done wonders in other fields too. Their good work gets hidden due to bureaucratic stereotypes. As far as checks and balances are concerned, its not discretion, it's the responsibility and any officer and office is liable to do the bare minimum. Not doing it will lead to suspension.
@@Boney.M. agreed brother...and they talk about checks and balances but everyone know how the judges are selected through favours and personal interests by means of collegium system...where is transparency in judge selection process??
This is an awesome way to work in larger public interest in harmony between judiciary and executive. Appreciate the h'ble judges for finding solution.. Otherwise some judges behave like kings
It is very unfortunate we are comparing between a judge and an IAS officer. Both judiciary and executive have specified role and are equally important for democracy. They are both powerful in their respective fields.
Listen to the conversation and logical point raised by the h'nble judge. It shows that executive is prone to error and mistakes and to check those judiciary is there.
Exactly bro you are right. Comparison is totally wrong. Both are very powerful in their Respective field. Separation of powers lies here.. remember it..
@@LawChakra Judiciary is only supreme, till the Legislative wants it to be! Remember what Mrs. Indira Gandhi did to the judiciary? Any political party in power can strip SC if they want to! My point is the judiciary enjoys power till the legislature wants it to be.
For anyone that understands, the matter exposes the fact that the District Magistrate, "in this matter", has been given too much discretion. The DM is not only the head of the selection committee, but he is also the appellate authority to dispose off grievances after allocation of fair shop licenses. In layman's terms, it is like going to a doctor who fails to treat your illness, but, the only solution is, you have you have to go back to the same doctor that couldn't treat you and expect him be able to treat you the second time! It is when so much discretion is allowed to one person, that there is sure to be indiscretion.
Good to see a positive debate and course of action of action leading to a possible solution. As far as the comment section. I see judiciary and executive in highest regard. They both have their own jurisdiction and role to play in shaping our nation's future. I'm glad our judiciary and executive despite all that is lacking is functioning well. Jai Hind
Look how maturely they resolved the matter. This is how the authorities should work. Secretary (IAS) knew the fault but his concern was correct that if someone has not been granted license then every time he will appeal against it. It might create extra burden on the officers who themselves don't have enough time to see every matter.
The Hon'ble Judges and the secretary handled the case very professionally and adequately. The Channel has made an unnecessary provocative clickbait title to attract the viewers. The title of the video and insinuation behind it, certainly lowers the dignity of the court and also of the bureaucratic machinery. The judges do not preside over cases to prove their smartness or to lower anybody's prestige. The remarks by the hon'ble judges must not be construed to be against the Executive or the legislature but must be seen as pursuant to overall Justice. I am very appreciative of the channel's pursuit towards legal awareness among the masses but the clickbait titles of some other videos too (of this channel), concerns me, of the wrong message being conveyed that the courts are working against the government or are dissatisfied with the government. The Hon'ble SC has always made its stand very clear on this. The Judiciary has a neutral standing are not against any other organs of the State.
@@ramadevi8767 How its a clickbait. You see the argument by the secretary. District collector will hear the appeal. Is it correct. If judicary was not smart enough to point this fault.
@@LawChakra what a biased , petty and polluted mindset you have … there are 100s of cases of judicial overreach.. stop comparing executives and judiciary.., if u don’t have the guts to create an harmony
Its good to see lot of discussion on this topic. Indian constitution is based on separation of power among judciiary, executive and legislature. These 3 together put check on each others power. In this video the h'nble judge was smart enough to raise the issue in the act that District collector sitting in the selection panel can't hear the appeal against the selection. How can I select and hear appeal against my own selection decision. We all need judiciary being efficient to fight against the excesses of the executive and legislature.
It is not the question of Comparing between Judiciary and The bureaucrats. There are black sheeps in both these positions. Here I salute the Judges for the order after seeing the matter closely.
Point raised by the HC is very valid n Secretary is not able to understand the crux. Person agrieved by the decision of selection committee has not forum to appeal. Collecor being head of selection committee can not be appeallate authority for decision of selection committee. Very interesting..
Matter of fact every officer, wether be it an IAS or The Hon'ble Chief Justice's they are all bound by the limitations prescribed in The Constitution itself. Any action or decision that go against the principle of natural justice has to be corrected. Wether be it an IAS or sometimes even the Hon'ble High Court get corrected by The Hon'ble Supreme Court of India. So let there be no comparisons!!
Nodoubt that the judicery is very powerful...as for as IAS officer is concern they are mostly under pressure of politician ...& very few IAS has knowladge abt LAW...most of the IAS are completely Corrupt...The IAS are behave like they are dictator..where as Judicery treat every people with in the parameter of LAW...my salute to judicery.Jai Hind.
@@LawChakra does anyone denying that... ?!.. ... The three pillars .... Are well and equally.... positioned for checking and balancing each other... With accordance to the constitution....
@@LawChakra Everything cannot be perfect and as per the model imagined. when the executive implement a law, it is only after its implementation, a number of issues come forward. For this you cannot blame the legislature and the executive. Must note that no one is smarter. The smartness is only in performing your duty. Don't waste time in pitty comparisons. What a IAS is capable of, a judge can never do. And what a judge is capable of, an IAS can never do it. There are cases numerous cases of judicial activism as well. Absolute power corrupts absolutely be it a Judge or a IAS or IPS or a minister.
The IAS officer has been spared from the dress code reprimand. Hon. Judges were obviously piqued at the lackadaisical approach of the government and executives to put in place a redressal mechanism.
Ias officers may have diverse academic backgrounds:- engineering, medical, legal, humanities and so on... Judges may have generally legal academic background..
How can someone be the appellate authority against the dispute emanating from the decision taken by him or her? The Judges are right. Finally the IAS Babu has understood.
I have seen lawyers in my family and they are very respectful towards each profession . be it IAS , Judiciary, Clerk , Whatsoever. But see this Dubey ji ka firm , the title he used is not good. No one is smarter. They are bound in a way or the other. India has good lawyers but rare. mostly lawyers tend to live the stardom of judges by just boasting about them. Saddened
The honorable judges got the fault in the clause in a minute...very surprising that the secretary couldn't see the difference between the clause and the issue at hand despite having so many lawyers at his disposal.....also the maturity with which both sides handled the issue shows the power of indian democratic system ...
Do you believe that IAS doesn’t know the issue. When a common man can understand, how come this fellow who became IAS only buy his academic knowledge does not understand. The issue here or in any similar case is same, who cares, our salary, position, power, promotion etc are assured. We are superior class in the society born to be rule Indian peasants after British in india. The design of whole executive wing in india is to dislodge, deny, evade, refuse, delay, deprive rights of Indian people and this is done by a structure called licensing, approvals, applications, procedure, system etc.etc. In the end the aggrieved lands in court where it takes another 15 years to get remedy. The world had already moved on by that time. The misery of Indians continue. This is the real design of these two pillars of democracy in india.
He knew the fault but his concern was correct that if someone has not been granted license then every time he will appeal against it. It might create extra burden on the officers who themselves don't have enough time to see every matter.
outside the court upsc qualifier think that they are very powerful and they feel very proud for themselves bt inside court he is jst like a normal man... court is showing here that law is equal for every one
Basic tenet of law is that any person who is aggrieved by an action of the government may approach the competent authority (or appellate authority) or if no remedy in law is available then Hon'ble Courts. Since there is no appellate authority if a person is aggrieved by selection, the petitioner has approached the Hon'ble High Court.
Kya aap meri ek help kr skti hai ? I am from Delhi , aur maine apne driving license me name correction ke liye apply kiya tha , maine 22 February 2022 ko apply kiya tha , lekin abhi tak unhone mera name change kiya ,jab maine apply kiya tha , tab name correction ke liye sbhi ki fee A authority me kat ti thi , lekin ab sbhi ki fee apni apni authorities me kat ti hai , To meri authority B hai . To jab mai vha pe gya , to unlogo ne mujhe B authority me jaane ke liye bola , Jab mai B me gya tab DTO ne mujhse gusse me baat ki aur vapas A authority me bhej diya , Maine A vaalo ko ye baat btayi , lekin unhone bola hum nhi kr skte , Ye B me hoga ab. Special case ( maine aur mere ek friend ne sab kuch ek jaisa , ek saath apply kiya tha ( uski bhi same name correction vali problem thi ) . Lekin uska aaa gya aur mera nhi aya , maine unko btaya bhi , lekin unhone fir bhi mna krdiya , even uss A authority ke inspector ne mere gazette vaale documents pe objection lga diya ( jo 2 mahine pehle hi verify ho gya tha ) . To maine unse kaha ki agr isme koi galti thi , to tumne ise verify hi kyu kiya tha , unhone kuch jwab nhi diya , unhone kaha koi baat nhi dubara upload krdo , maine kaha nhi mai nhi krunga , maine isme glti btao glti kya hai , unhone kaha glti to kuch nhi hai , thik hai , for bhi maine apna kaam jldi karane ke liye dubara upload kr diya...bcz maine Delhi polike form fill krne hai . Lekin abi bhi vo log mera license me name correction approve nhi kr rhe hai , mere sbhi documents bilkup thik aur complete hai , Each and every document. Lekin fir bhi vo log aisa krte hai , mere 7 baar vha pe jaa chuka hu . Aur vo bhot saare logo ke saath yhi krte hai , maine khud dekha hai aur logo vaha pareshani me. ) So main abhi kya kr skta hu apna kaam pura karane ke liye ? 🙄
Both have their roles in society. Do you know how many subjects an IAS officer has to go through? He is not some uneducated minister. Looks like you are looking for masala movie in the courtroom.
Bro just go through law books and the books which the civil aspirants have to read , me also preparing for upsc. I find that it's too tough to crack judiciary , to crack judiciary I have to go through 130+ books while for upsc at least 50
This is precisely what honourable CJI had highlighted in the minister’s address in the presence of PMO that a major burden over 60% of pendency of cases in courts emanates from bad legislation or poor execution of government orders
There is no point of saying that hc judge is smarter than secy. They r just discussing solution.. Even judges are saying that secy's personal appearance has resolved things to a greater extend.. It looks like secy has to do in his hands,court is just discussing and suggesting.
And that's why the judge got a bit smarter than the secy because the secy inspite of knowing the loopholes was defending himself and the judge was correcting that. 😀
Profession se smartness ka koi relation nhi hota so it’s illogical to compare anybodys intelligence on basis of profession…eg a nurse who is working in a hospital has way more knowledge than a fresh MBBS doctor
@@LawChakra cuz it’s his job to interpret the law correctly…unhone ussi ki toh kitabe pdhi hai not the IAS so that’s why it is illogical comparison…judge judicial system me hai ias executive me toh comparison doesn’t make sense right ye bolrha mai
I see a lot of people are not approved of the tagline you have put in your video description ( the comparison).I don't see anything wrong in that because the secy inspite of knowing the loopholes in that order was defending it. Now, smart people don't do that, they accept the fallacy and work on it. Some would say, there are loopholes in every policy, I just question, why there would be any ?? A person of that stature and position (secretary) who seems to be well qualified for analysing the positives and negatives of a policy is not aware of the loophole, the judge highlighted !!! That's a joke...So, kudos to the honourable judge who corrected the respected secy...And yes, love the tag line....
@BILAUTA BILLA🐱 saza to dena hi hoga executive ko. Isi ko to loktantra kahte h agar saza accept nhi kiya pm ne to wo fir tanashahi ho jayegi and india ki public tanashah pasand nhi krti. Vidroh ho jayega
@BILAUTA BILLA🐱 clean chit, bail ye sb dena court ka kaam h Agar nhi dega to jail m hi Rah jayega. India m pm tak ko saza hui h पॉलिटीशियन ka kya . Aur bht log to jurm karke v saza nhi paa rhe kyuki court v saboot maangta h
This is transparent debate is going on which influnce positive on students and citizen of india ,Citizens will try to always go through court in any perspective case with blindbelieve !
It is well settled that every justification of the Court in the interest of justice. The Court pleased to know from the state that to which authority concerned the aggrieved person will approach. The govt. of Bihar make it clear so that the aggrieved person will approach them. If there is no appellate authority the aggrieved person ultimately approach the High court in order to get the justice. Justice should not only be done but manifestly and undoubtedly be seen to be done. Creating impediment in the smooth functioning of administration of justice is contemptuous act..
The problem lies with the State Govt. In such orders the Govt. should have consulted the legal department prior to notification of orders. In case of doubt the legal dept. could have come to the rescue of the department in question which issued orders.
Arre Secretary is also correct because in India every second applicant whose name is not finalized by committee go for remedy, for satisfying the person it will also take a lot of time. And due to this work has been hampered. However this makes executives extra power which is not good.
@@vikas4u07 it's not one percent concept. It happens everywhere literally and every time at renewal or when new licenses may be applied. Secretary or DM s or commissioners don't have ample of time for just one thing esp. DM. They have a lots of other works. I am in Delhi and I know the work culture. Experienced so I know.
What I got from this video is that honourable judges are doing commendable job in clearing out the loopholes in the rules while Mr sect. Is trying to defend
I request to channel's team please upload vdo with subtitle b.coz we are come from here for watch the all vdo and understand everything if you are upload vdo with subtitle we are understan very well so
The matter is so simple on which an officer of secretary cadre looks to the court though the government is capable of taking suitable action. This how many cases go to courts due to the incompetence of bureaucracy.
Both shared their concern, and interpretation could be slight varied, thats what the matter of concern in this video, but it ended with solution , that is brain storming
Ias secretary law bnate hai aur legislature usse pas krte h aur judiciary uspe kaam krti h To smartness me barabar bhut du r ki baat h . Ek senior ias pura desh chla rhe hai.aur justice keval judiciary with neary 5 crore pending case .it clearly mean that they even can not run judiciary without ias. Ha judiciary ko kidi bhut h legislature me aur executive me ghusne ki . Suo moto se lekr judicial activism tk Bhut se example hai.
There has always been the tendency of the judiciary to impose itself on the other pillars of democracy and prove itself superior but the separation of powers does not give special powers to the judiciary but only the ability to take suo motu cognizance in special circumstances and the power to direct the government for decisions taken by it in extra-constitional matters.
Every job is equally important and must be respected but in a democracy, the most powerful is the legislative followed by the judiciary and then the executive.
This is not SUBJECT of SMART or NOT. it's about POWER BROTHER; WHO SPEAKS ABOUT #SMART OR NOT. ARE BHAI ALWAYS ITS VERY PURE TO PRONUNCE JUDICIARY & JUDICIAL OFFICERS R MUCH MORE PURE & POWERFUL THAN ANYONE ALSO EVERYONE WHATEVER HE IS.
It appears that both the judicial batch and the government officer both were struggling to find solution of common sense against simplest possible problem. 1 it has to be understood that all selections, be it licensing of shops or any sort of recruitment, they are not self serving bodies but R envisaged to serve the organisational objective of serving the society. 2 so putting appellate authorities over such selection processes would each time halt the administrative process flow and ultimately societal interest will suffer, for what that selection is happening. 3 so the best solution is, the appealing person who call themselves as aggrieved parties, can only appeal if they have sufficient evidence of irregularity/malpractice/dishonesty in respective selection process. Otherwise such appeals should be discarded by the Court slashappellate authorities immediately. 4 as far as question of appellate authority is concerned, no such authority should be placed because it will hamper the administrative process flow and decisions. The aggrieved person as mentioned above may approach police or court if they have sufficient evidence of irregularity/malpractice in selection process. 5 merely failure of selection has no locus standee of appeal against the selection process.
@@NareshCK001 that's sweet, but it's long topic to discuss, so better you research and so that you will know a lot. Pls seek information over internet and learn how things work, who do what work, how new rules and added and how old rules are removed.
Selection committee is itself an authority.. and if there's an appellate authority then there's a need of super appellate authority and further on.. that's why our Indian system keeps dragging and things move sluggishly..
Recently 1)Mr Nitin Gadkari said he was amazed by the response of an IAS officer concerning a bridge collapse in sultanganj. 2) Supreme Court Judge rejected the death penalty of the ®apist and mu®derer of a 4-year-old girl. These 2 are the most prestigious post in India so nothing can say about anyone.
Wrong and right are not same. If wrong have power then right become wrong therefore compareble of judge power and IAS power is not good they have seprate value and important for democracy . No one above nation.
I never heard that Bihar honorable judges bench are so generous,strict, knowledgeable ,study every line without any bias. The questions are simple trying to bring a solution to the litigants. The respondent government was advised that court is not to thrust but to find a solution. State like Bihar atleast Honorable judges have taken the burden to educate the kings and to give a remedy for the unanswered suffering. The way both the judges examine its like am watching a England court making interesting .
The inherent limitation of lack of innovation in bureaucracy also one of the reasons for not getting the work done on time. That is also one of the reasons for bringing headache to Judiciary.
Its about following the rules & guidelines and clear boundaries. Both professionals should follow the rules, but in reality people twist the rules to suit their own benefits. Unfortunately 99% of IAS officers in India today are corrupt. Judges are supposed to be unbiased to settle disputes. The general practice is powerful ppl keep on carrying out unjust practices. Whenever once in a blue moon "Justice" occurs, it's like a festival.
I am no expert on judiciary but feels sometimes they are devoid of simple common sence or maybe they lost it during there stint with VIP culture which is prevalent ……..now in this case the secretey is saying the appelant can appeal after decision from licensing authority whats wrong in that …..this new process the honable court suggested will be another money making avenue
@@LawChakra Dude i heard and thats y i am commenting i am not a professional but it seems u are.so the thing is if u can explain me your POV i will hire u for my next case
Who is smarter…. What a wrong caption? You are running a legal channel and you must know Law is above anything. This video is a clear conversation between the head of Judiciary and Representative of the Government. The Judiciary under the jurisdiction of law not only explained but also directed about the core of issue and his duty.
The problem is most of the fair price shop dealers are dishonest in their duty and the govt officials looking after these matters also equally dishonest. Who will check this. That is more important to public . Only during emergency time the fair price shop dealers found to be alert and maintained correct stock records and did their work honestly out of fear of punishment.
Mostly IAS wants to mislead the court my uncle is in Bihar court and IAS was challenging the PIL regarding the bridge that it was vanished due to heavy wind. The truth was it was never build and all the construction was happen on paper.
This how red tape makes life impossible for everyone. Simple solution govt. announces number of licences available and issue base on open auction to highest bidder.
People commenting that this is a wrong comparision should first watch the complete video and understand what it is saying. An absolute beautiful example of check and balances and liveliness of our constitution. The judges are concerned about the aggrieved people in past, present and future.
Comparison of profession is literally dumb. The way the thumbnail is made and the title is wrong and full of immoral advocacy of a profession. There have been cases of corrupt judges too. Just an argument bw both cannot tell if one is supreme. The same bureaucrat might have done wonders in other fields too. Their good work gets hidden due to bureaucratic stereotypes. As far as checks and balances are concerned, its not discretion, it's the responsibility and any officer and office is liable to do the bare minimum. Not doing it will lead to suspension.
U may get likes but didn't grasp exactly what happened there. Forget the thumbnail but listen the concern of the judge in purview of a common man.
Admin chutiya hai is channel ka
@@Boney.M. agreed brother...and they talk about checks and balances but everyone know how the judges are selected through favours and personal interests by means of collegium system...where is transparency in judge selection process??
This is an awesome way to work in larger public interest in harmony between judiciary and executive. Appreciate the h'ble judges for finding solution.. Otherwise some judges behave like kings
Indeed
Great observation
@@sridharanvenkatakrishnan4086 thanks a lot
The same is with in concern of IAS officer because they behave like the good in district where they were placed to serve but all know how they behave
It is very unfortunate we are comparing between a judge and an IAS officer. Both judiciary and executive have specified role and are equally important for democracy. They are both powerful in their respective fields.
Listen to the conversation and logical point raised by the h'nble judge. It shows that executive is prone to error and mistakes and to check those judiciary is there.
I agree both have their own role and responsibility. Judiciary is supreme across all the democracies in the world.
Exactly bro you are right. Comparison is totally wrong. Both are very powerful in their Respective field. Separation of powers lies here.. remember it..
Indian courts are on par with Indian parliament and permanent establishment nothing more then that each have edge in respective fields
@@LawChakra Judiciary is only supreme, till the Legislative wants it to be!
Remember what Mrs. Indira Gandhi did to the judiciary? Any political party in power can strip SC if they want to! My point is the judiciary enjoys power till the legislature wants it to be.
For anyone that understands, the matter exposes the fact that the District Magistrate, "in this matter", has been given too much discretion. The DM is not only the head of the selection committee, but he is also the appellate authority to dispose off grievances after allocation of fair shop licenses. In layman's terms, it is like going to a doctor who fails to treat your illness, but, the only solution is, you have you have to go back to the same doctor that couldn't treat you and expect him be able to treat you the second time! It is when so much discretion is allowed to one person, that there is sure to be indiscretion.
You hit the nail on the head, Sir!
Good observation..
Good to see a positive debate and course of action of action leading to a possible solution. As far as the comment section. I see judiciary and executive in highest regard. They both have their own jurisdiction and role to play in shaping our nation's future. I'm glad our judiciary and executive despite all that is lacking is functioning well. Jai Hind
All parts have separation of jurisdiction
Look how maturely they resolved the matter. This is how the authorities should work. Secretary (IAS) knew the fault but his concern was correct that if someone has not been granted license then every time he will appeal against it. It might create extra burden on the officers who themselves don't have enough time to see every matter.
@@VikashKumar-lh6sg That's why the court ordered to give an authority in between to whom a person can appeal back.
If these people would have work than no one would come to court..
The Hon'ble Judges and the secretary handled the case very professionally and adequately. The Channel has made an unnecessary provocative clickbait title to attract the viewers.
The title of the video and insinuation behind it, certainly lowers the dignity of the court and also of the bureaucratic machinery. The judges do not preside over cases to prove their smartness or to lower anybody's prestige. The remarks by the hon'ble judges must not be construed to be against the Executive or the legislature but must be seen as pursuant to overall Justice.
I am very appreciative of the channel's pursuit towards legal awareness among the masses but the clickbait titles of some other videos too (of this channel), concerns me, of the wrong message being conveyed that the courts are working against the government or are dissatisfied with the government.
The Hon'ble SC has always made its stand very clear on this. The Judiciary has a neutral standing are not against any other organs of the State.
Good point raised. I have taken note of your point.
Can I have recourse to law, to file a contempt of court, due to this click bait sir
@@ramadevi8767 How its a clickbait. You see the argument by the secretary. District collector will hear the appeal. Is it correct. If judicary was not smart enough to point this fault.
@@LawChakra what a biased , petty and polluted mindset you have … there are 100s of cases of judicial overreach.. stop comparing executives and judiciary.., if u don’t have the guts to create an harmony
@Nexter Biggs thanks for your amazing comment. It really draws a clear analysis of this video.
Its good to see lot of discussion on this topic. Indian constitution is based on separation of power among judciiary, executive and legislature. These 3 together put check on each others power. In this video the h'nble judge was smart enough to raise the issue in the act that District collector sitting in the selection panel can't hear the appeal against the selection. How can I select and hear appeal against my own selection decision. We all need judiciary being efficient to fight against the excesses of the executive and legislature.
Exactly
Just like honorable chief justice ranjan gogoi became judge against his own harassment case.
These 23 years of age IAS officers feel they are the BOSS without any experience !!!!!!!!!!!!!!!!!!!1
It is not the question of Comparing between Judiciary and The bureaucrats. There are black sheeps in both these positions. Here I salute the Judges for the order after seeing the matter closely.
This judge is very specific to clear the ambiguity and the loopholes of the system.👍
It shows how smart judges are
Point raised by the HC is very valid n Secretary is not able to understand the crux. Person agrieved by the decision of selection committee has not forum to appeal. Collecor being head of selection committee can not be appeallate authority for decision of selection committee.
Very interesting..
Correct
Either the secretary is Dumb or he doesn't wants to accept his mistake in framing rules.
Its loophole ;) should be fixed by issuing new gr
Matter of fact every officer, wether be it an IAS or The Hon'ble Chief Justice's they are all bound by the limitations prescribed in The Constitution itself. Any action or decision that go against the principle of natural justice has to be corrected. Wether be it an IAS or sometimes even the Hon'ble High Court get corrected by The Hon'ble Supreme Court of India. So let there be no comparisons!!
Nodoubt that the judicery is very powerful...as for as IAS officer is concern they are mostly under pressure of politician ...& very few IAS has knowladge abt LAW...most of the IAS are completely Corrupt...The IAS are behave like they are dictator..where as Judicery treat every people with in the parameter of LAW...my salute to judicery.Jai Hind.
But it is also true that executive does go against the rule and in such time judiciary comes as rescue
@@LawChakra does anyone denying that... ?!..
... The three pillars .... Are well and equally.... positioned for checking and balancing each other... With accordance to the constitution....
@@LawChakra Everything cannot be perfect and as per the model imagined. when the executive implement a law, it is only after its implementation, a number of issues come forward. For this you cannot blame the legislature and the executive. Must note that no one is smarter. The smartness is only in performing your duty. Don't waste time in pitty comparisons. What a IAS is capable of, a judge can never do. And what a judge is capable of, an IAS can never do it.
There are cases numerous cases of judicial activism as well.
Absolute power corrupts absolutely be it a Judge or a IAS or IPS or a minister.
@@LawChakra This is really immature from people of LAw like you to put videos of such sort😫😫
Both are equally educated and qualified in their field, don't compare them.
Secretary is nowhere close to judges
Abey judge he wo... Jubaan se pocha lagaywaayega.... Faad dega...
@@Auditkafunda judge...ek bar nikal na....up me dekha..nahi...kete pita tha judge ko...
@@Nopeyes1 duur boka choda
Both are mature enough to resolve the matter quite easily. Both listened to eath other. Please don't try to cause a rift between the two professions
Relating judges and ias., Judiciary and executive is like the one relating theory class and practical applications.,😂
My lord, prayers these are such words which no judge wants to discontinue but they want to improve everyone
These words remind of kings, prince..
Such a kind IAS officer 😍
The IAS officer has been spared from the dress code reprimand.
Hon. Judges were obviously piqued at the lackadaisical approach of the government and executives to put in place a redressal mechanism.
Nice video proceeding. Informative. The clash between interpreting & implementing provisions of Law is fascinating
Thanks for the feedback. Support the channel
Ias officers may have diverse academic backgrounds:- engineering, medical, legal, humanities and so on... Judges may have generally legal academic background..
Engineering in itself is so diverse..
Ur wrong....I'm enginner...I'm LLB and LLM.....MA in public administration
IAS/civil servant is generalist/ jack of All but master of none.... ...
Completely agree.
good to see all these qualities in a single person. Keep watching.
Nobody is smarter, it's is the power, greatest justification of smartness.
Absolutely.
None is above law. Justice is justice. Comparision is another thing.
Jay hind. 🙏
Abhi tk to main IAS banne ki soch raha tha pr ab judge banunga 🤣
hahahahahahaha....
High court ya supreme court judge banna lagbhag namumkin hoga.. Collegium system ke baare me jaan lo
How can someone be the appellate authority against the dispute emanating from the decision taken by him or her? The Judges are right. Finally the IAS Babu has understood.
against the principle of justice
I have seen lawyers in my family and they are very respectful towards each profession . be it IAS , Judiciary, Clerk , Whatsoever.
But see this Dubey ji ka firm , the title he used is not good. No one is smarter. They are bound in a way or the other.
India has good lawyers but rare.
mostly lawyers tend to live the stardom of judges by just boasting about them.
Saddened
The honorable judges got the fault in the clause in a minute...very surprising that the secretary couldn't see the difference between the clause and the issue at hand despite having so many lawyers at his disposal.....also the maturity with which both sides handled the issue shows the power of indian democratic system ...
Do you believe that IAS doesn’t know the issue. When a common man can understand, how come this fellow who became IAS only buy his academic knowledge does not understand. The issue here or in any similar case is same, who cares, our salary, position, power, promotion etc are assured. We are superior class in the society born to be rule Indian peasants after British in india. The design of whole executive wing in india is to dislodge, deny, evade, refuse, delay, deprive rights of Indian people and this is done by a structure called licensing, approvals, applications, procedure, system etc.etc. In the end the aggrieved lands in court where it takes another 15 years to get remedy. The world had already moved on by that time. The misery of Indians continue. This is the real design of these two pillars of democracy in india.
He knew the fault but his concern was correct that if someone has not been granted license then every time he will appeal against it. It might create extra burden on the officers who themselves don't have enough time to see every matter.
outside the court upsc qualifier think that they are very powerful and they feel very proud for themselves bt inside court he is jst like a normal man... court is showing here that law is equal for every one
4 fingers dikha k, the judge is saying, "there are 3 types of orders" @6:10
Good catch. Thanks for watching.
🤣🤣 उम्र हो गई ताऊ की
Basic tenet of law is that any person who is aggrieved by an action of the government may approach the competent authority (or appellate authority) or if no remedy in law is available then Hon'ble Courts.
Since there is no appellate authority if a person is aggrieved by selection, the petitioner has approached the Hon'ble High Court.
Correct
Kya aap meri ek help kr skti hai ? I am from Delhi , aur maine apne driving license me name correction ke liye apply kiya tha , maine 22 February 2022 ko apply kiya tha , lekin abhi tak unhone mera name change kiya ,jab maine apply kiya tha , tab name correction ke liye sbhi ki fee A authority me kat ti thi , lekin ab sbhi ki fee apni apni authorities me kat ti hai , To meri authority B hai . To jab mai vha pe gya , to unlogo ne mujhe B authority me jaane ke liye bola , Jab mai B me gya tab DTO ne mujhse gusse me baat ki aur vapas A authority me bhej diya , Maine A vaalo ko ye baat btayi , lekin unhone bola hum nhi kr skte , Ye B me hoga ab. Special case ( maine aur mere ek friend ne sab kuch ek jaisa , ek saath apply kiya tha ( uski bhi same name correction vali problem thi ) . Lekin uska aaa gya aur mera nhi aya , maine unko btaya bhi , lekin unhone fir bhi mna krdiya , even uss A authority ke inspector ne mere gazette vaale documents pe objection lga diya ( jo 2 mahine pehle hi verify ho gya tha ) . To maine unse kaha ki agr isme koi galti thi , to tumne ise verify hi kyu kiya tha , unhone kuch jwab nhi diya , unhone kaha koi baat nhi dubara upload krdo , maine kaha nhi mai nhi krunga , maine isme glti btao glti kya hai , unhone kaha glti to kuch nhi hai , thik hai , for bhi maine apna kaam jldi karane ke liye dubara upload kr diya...bcz maine Delhi polike form fill krne hai . Lekin abi bhi vo log mera license me name correction approve nhi kr rhe hai , mere sbhi documents bilkup thik aur complete hai , Each and every document. Lekin fir bhi vo log aisa krte hai , mere 7 baar vha pe jaa chuka hu . Aur vo bhot saare logo ke saath yhi krte hai , maine khud dekha hai aur logo vaha pareshani me. ) So main abhi kya kr skta hu apna kaam pura karane ke liye ? 🙄
Even mai abhi itna frustrated ho chuka hu , ke unme se kisi ek ko vaha se utha kr , unn शीशे ki khidkiyo se बाहर faik du ♥️
@@asdf369 Twitter pe tweet kiya hai yeh problem? warna ek legal notice bhejna hoga.
Wow!! Salute to Judges..
Yes
In general people have more trust & respect for the Judges and the lawyers than the administrators. Exceptions exist in every field.
Both have their roles in society. Do you know how many subjects an IAS officer has to go through? He is not some uneducated minister. Looks like you are looking for masala movie in the courtroom.
Absolutely.
judiciary is more powerful practically. Now start preparing for judicial service😂😂
Bro just go through law books and the books which the civil aspirants have to read , me also preparing for upsc. I find that it's too tough to crack judiciary , to crack judiciary I have to go through 130+ books while for upsc at least 50
Once try to understand bare act language you will agree
Ask any law student you know how much subjects do they study?
This is precisely what honourable CJI had highlighted in the minister’s address in the presence of PMO that a major burden over 60% of pendency of cases in courts emanates from bad legislation or poor execution of government orders
There is no point of saying that hc judge is smarter than secy. They r just discussing solution.. Even judges are saying that secy's personal appearance has resolved things to a greater extend.. It looks like secy has to do in his hands,court is just discussing and suggesting.
And that's why the judge got a bit smarter than the secy because the secy inspite of knowing the loopholes was defending himself and the judge was correcting that. 😀
Profession se smartness ka koi relation nhi hota so it’s illogical to compare anybodys intelligence on basis of profession…eg a nurse who is working in a hospital has way more knowledge than a fresh MBBS doctor
Agree but in this specific case the judge interpreted the law correctly
@@LawChakra cuz it’s his job to interpret the law correctly…unhone ussi ki toh kitabe pdhi hai not the IAS so that’s why it is illogical comparison…judge judicial system me hai ias executive me toh comparison doesn’t make sense right ye bolrha mai
@@prankurgaurav6839 Good
I see a lot of people are not approved of the tagline you have put in your video description ( the comparison).I don't see anything wrong in that because the secy inspite of knowing the loopholes in that order was defending it. Now, smart people don't do that, they accept the fallacy and work on it. Some would say, there are loopholes in every policy, I just question, why there would be any ?? A person of that stature and position (secretary) who seems to be well qualified for analysing the positives and negatives of a policy is not aware of the loophole, the judge highlighted !!! That's a joke...So, kudos to the honourable judge who corrected the respected secy...And yes, love the tag line....
Thanks for supporting. I loved the way h'nble judges went about the case.
Rather than getting into discussion about what their powers are,its better assesing what their duties and responsibilities are...
I wish I belong to Bihar domicile. the way these judgements delivered, they are setting a great examples of how things should work.
This video was an eye opener for us too.
लोकतंत्र की खूबसूरती यही है, काले कोर्ट में जज साहब बिना पुलिस के प्रधानमंत्री तक को सजा दे सकते हैं।
@BILAUTA BILLA🐱 saza to dena hi hoga executive ko. Isi ko to loktantra kahte h agar saza accept nhi kiya pm ne to wo fir tanashahi ho jayegi and india ki public tanashah pasand nhi krti. Vidroh ho jayega
@BILAUTA BILLA🐱 clean chit, bail ye sb dena court ka kaam h
Agar nhi dega to jail m hi Rah jayega. India m pm tak ko saza hui h पॉलिटीशियन ka kya . Aur bht log to jurm karke v saza nhi paa rhe kyuki court v saboot maangta h
@BILAUTA BILLA🐱 kisi ko saza dilwana advocate pr depend krta h
really the honorable justices are way smarter than that man..haha
This is transparent debate is going on which influnce positive on students and citizen of india ,Citizens will try to always go through court in any perspective case with blindbelieve !
Yes it will have an impact
This is by far one of the funniest goof up ever !!!
Judge is more powerful than IAS. A judge can terminate IAS title.. but a IAS can't 😂😂
Correct
Ganta judge kuch nhi kar sakta pm ke alawa koi terminate nhi kar sakta.
read constitution, recruitment rules, and Law then comment here
@@tushark4850 judge reinstate kar sakta hai remove nhi..agar tumhe pata hai toh ek ias officer ka example do jisko judge hata diya ho....
@@tushark4850 Law says a judge give orders to remove an IAS. And president can follow the order. 😂 Hence IAS got no power
It is well settled that every justification of the Court in the interest of justice. The Court pleased to know from the state that to which authority concerned the aggrieved person will approach. The govt. of Bihar make it clear so that the aggrieved person will approach them. If there is no appellate authority the aggrieved person ultimately approach the High court in order to get the justice. Justice should not only be done but manifestly and undoubtedly be seen to be done. Creating impediment in the smooth functioning of administration of justice is contemptuous act..
Here we can see how logcial indian judciary is.
The problem lies with the State Govt. In such orders the Govt. should have consulted the legal department prior to notification of orders. In case of doubt the legal dept. could have come to the rescue of the department in question which issued orders.
@@LawChakra Yes absolutely. Yesterday, Maharashtra HC released a pedophile. It was pretty logical I guess.
@@LawChakra Few months back, some high court also said that Marital Rape is not rape.
It's verysimple to resolve this issue.why unnecessarily waste time.The Secretary is very apt in resolving the issue within a few weeks
1 min silence for those whose thoughts u turned for UPSC 🤣
🤣😅😂
Arre Secretary is also correct because in India every second applicant whose name is not finalized by committee go for remedy, for satisfying the person it will also take a lot of time. And due to this work has been hampered.
However this makes executives extra power which is not good.
correct.
Acha. So 1 % concept
@@vikas4u07 it's not one percent concept. It happens everywhere literally and every time at renewal or when new licenses may be applied. Secretary or DM s or commissioners don't have ample of time for just one thing esp. DM. They have a lots of other works. I am in Delhi and I know the work culture. Experienced so I know.
What I got from this video is that honourable judges are doing commendable job in clearing out the loopholes in the rules while Mr sect. Is trying to defend
I request to channel's team please upload vdo with subtitle b.coz we are come from here for watch the all vdo and understand everything if you are upload vdo with subtitle we are understan very well so
Judiciary ❤️ made valid facts in this matter 👌
To resolve any matter the complaint should be placed to the bigger seat than the head of the committee,that's what the honorable judges are telling
High court judge have the powers to make CM stand infront of him.
Right. He has that much power
HC of Allahabad removed Indira Gandhi from the post of PM
@@anshumananimesh2213 HC judges have same power as Supreme court judges in 99% of scenarios
The matter is so simple on which an officer of secretary cadre looks to the court though the government is capable of taking suitable action. This how many cases go to courts due to the incompetence of bureaucracy.
Right
carores of cases pending
It's great to note that English is preferred language in courts.
We need to understand hindi is only for Hindi-stani not every India
No need…wtf are you talking about. Hindi is not the national language.
@@mobjectivems7652 hindi is official language not nastional language. True. English shd be preferred in Entire india
Overall judicial has more power
There should not be any comparison. It is the beauty of our constitution.
I didn't understand anything but its fascinating and thrilling to watch 😂
Both shared their concern, and interpretation could be slight varied, thats what the matter of concern in this video, but it ended with solution , that is brain storming
Good
What my friend mr.mohit Kumar said in his comment is correct and agreeable.
Indeed. You are absolutely correct.
the judges doesn’t even allowed to speak the DM.
Ias secretary law bnate hai aur legislature usse pas krte h aur judiciary uspe kaam krti h
To smartness me barabar bhut du
r ki baat h .
Ek senior ias pura desh chla rhe hai.aur justice keval judiciary with neary 5 crore pending case .it clearly mean that they even can not run judiciary without ias.
Ha judiciary ko kidi bhut h legislature me aur executive me ghusne ki .
Suo moto se lekr judicial activism tk
Bhut se example hai.
Both are at fault at times and both do good work at times. So this happens.
A classic!!!! Excellent
Thanks for watching
There has always been the tendency of the judiciary to impose itself on the other pillars of democracy and prove itself superior but the separation of powers does not give special powers to the judiciary but only the ability to take suo motu cognizance in special circumstances and the power to direct the government for decisions taken by it in extra-constitional matters.
All should work in harmony with each other.
Judges wanna to show their seniority but in really situation secretary is not a mere position
I agree. But in general judiciary is kept at higher pedestal.
What did u really want to say
Judiciary is the watchdog of Executive.
@@subratashome6393 what is your judiciary system already known in bollywood movies🎥 no need to explain it
@@uma4700 you consider bollywood movies as reflection of reality?
@@fieldagent7170 indeed. If not we wouldn't have lakhs of cases pending till date.
It's very sad that the court is not allowing the Secretary to speak out his view to the court
In Australia judges are never concerned about aggrieved people. India is 100 times better.
Every job is equally important and must be respected but in a democracy, the most powerful is the legislative followed by the judiciary and then the executive.
Thanks for watching
Judges are not jumped out of sky. Judges are behaving with headweight
This is not SUBJECT of SMART or NOT. it's about POWER BROTHER; WHO SPEAKS ABOUT #SMART OR NOT. ARE BHAI ALWAYS ITS VERY PURE TO PRONUNCE JUDICIARY & JUDICIAL OFFICERS R MUCH MORE PURE & POWERFUL THAN ANYONE ALSO EVERYONE WHATEVER HE IS.
Lordships ending statements was classic
This shows the judge is very smart
Lawyer :hold my beer 😁
Judges are nothing in front of lawyers
@Yash Sharma sad reality,
Look at the lawyers of mudrer, rapist
Judges look fool in front cunning lawyers
Koi bada tagda lawyer ho tbie
It appears that both the judicial batch and the government officer both were struggling to find solution of common sense against simplest possible problem.
1 it has to be understood that all selections, be it licensing of shops or any sort of recruitment, they are not self serving bodies but R envisaged to serve the organisational objective of serving the society.
2 so putting appellate authorities over such selection processes would each time halt the administrative process flow and ultimately societal interest will suffer, for what that selection is happening.
3 so the best solution is, the appealing person who call themselves as aggrieved parties, can only appeal if they have sufficient evidence of irregularity/malpractice/dishonesty in respective selection process. Otherwise such appeals should be discarded by the Court slashappellate authorities immediately.
4 as far as question of appellate authority is concerned, no such authority should be placed because it will hamper the administrative process flow and decisions. The aggrieved person as mentioned above may approach police or court if they have sufficient evidence of irregularity/malpractice in selection process.
5 merely failure of selection has no locus standee of appeal against the selection process.
right
It's a healthy disagreement
No one is above constitution whether it's PM,CM,IAS,IPS,MP etc......
Do you know PM can change constitution
@@nikeshmali8506 how?
@@NareshCK001 Indira Gandhi did ones, forgot?
@@nikeshmali8506 i don't know bro. Please can u elaborate? I eager to know.
@@NareshCK001 that's sweet, but it's long topic to discuss, so better you research and so that you will know a lot. Pls seek information over internet and learn how things work, who do what work, how new rules and added and how old rules are removed.
They is why we still trust the court of law
yes
Selection committee is itself an authority.. and if there's an appellate authority then there's a need of super appellate authority and further on.. that's why our Indian system keeps dragging and things move sluggishly..
It may not be true
Ek number selection process chal rha hai khud ke rules govt nhi samjh paa rhi 😂
oh dubey ji, kuch kaam dhanda nahi hai kya ? 🤣🤣🤣
Recently
1)Mr Nitin Gadkari said he was amazed by the response of an IAS officer concerning a bridge collapse in sultanganj.
2) Supreme Court Judge rejected the death penalty of the ®apist and mu®derer of a 4-year-old girl.
These 2 are the most prestigious post in India so nothing can say about anyone.
Wrong and right are not same.
If wrong have power then right become wrong therefore compareble of judge power and IAS power is not good they have seprate value and important for democracy . No one above nation.
I never heard that Bihar honorable judges bench are so generous,strict, knowledgeable ,study every line without any bias.
The questions are simple trying to bring a solution to the litigants. The respondent government was advised that court is not to thrust but to find a solution. State like Bihar atleast Honorable judges have taken the burden to educate the kings and to give a remedy for the unanswered suffering. The way both the judges examine its like am watching a England court making interesting .
The inherent limitation of lack of innovation in bureaucracy also one of the reasons for not getting the work done on time. That is also one of the reasons for bringing headache to Judiciary.
Its about following the rules & guidelines and clear boundaries. Both professionals should follow the rules, but in reality people twist the rules to suit their own benefits. Unfortunately 99% of IAS officers in India today are corrupt. Judges are supposed to be unbiased to settle disputes. The general practice is powerful ppl keep on carrying out unjust practices. Whenever once in a blue moon "Justice" occurs, it's like a festival.
I see many comments comparing the Secy and the Judge. Not even the Cabinet Secy is on the level of a High Court Judge.
IAS got scared only in court otherwise they were forced to believe from the first day of training that they are the ultimate God of the society.
I am no expert on judiciary but feels sometimes they are devoid of simple common sence or maybe they lost it during there stint with VIP culture which is prevalent ……..now in this case the secretey is saying the appelant can appeal after decision from licensing authority whats wrong in that …..this new process the honable court suggested will be another money making avenue
Hear the full video again. Judge point is correct and comment back if your statement is correct.
@@LawChakra Dude i heard and thats y i am commenting i am not a professional but it seems u are.so the thing is if u can explain me your POV i will hire u for my next case
Tabhi to itne case pending chl rhe h.. Court m jao to hmesha chutti pr hi milege
In front of Judges Judgement all are normal weather it a IAS or IPS. Superior is Judge
Correct
Executive makes blunders like this as pointed out by Judiciary. Listen and amend without ego of constitutional authority..Secrearty appears adamant.
Who is smarter…. What a wrong caption?
You are running a legal channel and you must know Law is above anything. This video is a clear conversation between the head of Judiciary and Representative of the Government. The Judiciary under the jurisdiction of law not only explained but also directed about the core of issue and his duty.
Aukat bata dia court ne.
Secretary was wrong here
Both are strong but situation makes the change
The problem is most of the fair price shop dealers are dishonest in their duty and the govt officials looking after these matters also equally dishonest. Who will check this. That is more important to public . Only during emergency time the fair price shop dealers found to be alert and maintained correct stock records and did their work honestly out of fear of punishment.
Mostly IAS wants to mislead the court my uncle is in Bihar court and IAS was challenging the PIL regarding the bridge that it was vanished due to heavy wind.
The truth was it was never build and all the construction was happen on paper.
It would have been much easier to understand if you had explained the context of the hearing.
Judiciary executive and legislature are separate field. Every one is boss on their respective field in these three field.
This how red tape makes life impossible for everyone. Simple solution govt. announces number of licences available and issue base on open auction to highest bidder.
Correct
Really our judge rock
Honourable court is showing 4 fingers and saying 3
Point to be noted my lord😋😂
Right and funny too