Understanding SC order on Article 370 abrogation: Shekhar Gupta with Bhadra Sinha & Apoorva Mandhani
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- Опубликовано: 10 дек 2023
- #CutTheClutter #article370 #supremecourtverdict
The Supreme Court Monday upheld the Modi government’s decision to abrogate Article 370, which accorded a special status to Jammu & Kashmir. It also called for elections in the erstwhile state to be held by September next year. The judgment settled a long-standing question on J&K’s union with India in 1947. In Ep 1365 of Cut The Clutter, Editor-in-Chief Shekhar Gupta brings in ThePrint’s legal experts Bhadra Sinha and Apoorva Mandhani to explain the nuances of the judgment and what it means going forward.
@CoorgWildernessResort
More here - www.coorgwildernessresort.in/
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1.17: All the govt decisions to do with change of status of J&K have been held to be constitutionally correct
7.38: 1st question framed by court: Whether governor’s 2018 proclamation to dissolve J&K assembly was constitutionally valid 12.36: Another question was whether Article 370 abrogation by President was constitutionally invalid in absence of J&K constituent assembly
21.52: Question of the validity of the J&K Reorganisation Act has been left open
23.45: Justice Kaul has recommended the formation of an impartial truth and reconciliation commission for J&K
26.57: Kashmir became a part of India through a very unusual and dramatic set of events
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They never cried when Andhra was divided with telecast off !😮😮 (mind that the assembly of the state unitedly passed a resolution that we do NOT need bifuraction ..event then congress did it
It was not passed in the Assembly. Seems they conveniently ignored that.
Andhra Pradesh is/was a regular state like all other states. No special articles like 370 applied. Parliament have full authority re-organization of state(s). That is how even Andhra State (Before Andhra Pradesh) is created because of multiple demands/hesitations from Telugu speaking lands and also Sri Potti Sriramulu gari hunger strike. It is without any Tamandu assembly concern. Central government appointed K. N. Wanchoo, Chief Justice of the Rajasthan High Court to look into issues related to formation of Andhra State. Parliament passed the Andhra State Act in September 1953
@@apraveen25his concern is different, you are addressing something else
Assembly need not pass it, but a presidential reference to the assembly is required, which was done for AP bifurcation. It cant be done in case of J&K as assembly was dissolved by then. On the other hand, I agree with you about switching off the telecast etc. which is factual.
Great information@@apraveen25
Guptaji ,
The SC order didn't comment on dividing state of J&K in to two UTs.
Your highness interprets the holding of elections to giving statehood !
Chaturta at its best !
No he did, he said that its within power of parliament to create UTs. Everything is covered in the judgement. But the most important verdict which everybody missed is given by Justice Kaul. That will expose the Muftis and Addullas
Guptaji ke " dil में Virodh "॥ वामपंथी जो ठहरे ॥
go read para 515 N
Just a correction @Shekhar, as of now J&K is an UT with a legislative, just like Delhi. By Sep 30 elections has to be held, in no way SC mentions that statehood has to be restored by Sep 30.
Election can be happen but statehood will be decide by the govt
Statehood should be given after 70 years.
Exactly! Some combination of wishful thinking and willful misinformation by SG. Statehood is a separate question from that of legislative assembly elections.
@@Endrumpf😂 kuch jyada nehin ho geya
Election will happen when govt deems fit. In upcoming election BJO will have more than 400 seats.
By all accounts, the abrogation of Art 370 was unduly delayed by previous Govts.
Now that the issue of J&K has been clearly spelt out, let's hope that the citizens of J&K understand the reality and work towards all round development
The development of J&K is meaningless till the population of the valley feels part of the Union of India.
It was not delayed. It was tactfully diluted.
@@christopherlobo8082Of course this was diluted. The process in abrogation was not fully legal. The advise of the Governor was not taken rather he was asked to sign. How did the honourable court missed that?
sir, congress was not doing anything (even through devious means): in fact rahul was telling if they get power, they will reinstate abrogated 370. why are you surreptitiously trying to be good to congress and attribute to them a right intention which was not there
Hello so called secular youtuber plz make video on waqf board👇
Waqf board is the 3rd largest land owner in india 🇮🇳 . In a hindu majority country how can a muslim islamic radical organization achieved this? Answer is with the help of congress thats why I allways say congress is anti hindu 🕉️ party , no doubt muslims votes them unconditionally .If u see congress policy u will find they are not in favour of hindus.Waqf board has authority that they can claim any land that they want and even judiciary cant question it (this happened during congress rule) . On this land they build madarsa and carried out anti india work,they have claimes many land where hindus are in majority & where 1500 yr old temple also there . They tell hindus that convert to islam else will take ur land. This is the condition of hindus in their own country. These so called secular/independent media/youtubers won't tell u this 🤫 . Liberal/secular hindus 🚩are living in their fairy tales, they are the biggest victim of this secular media
can't badmouth their masters
Because SG can't see the plain facts.
coz he is the dalla media kicket out of ndtv now trying to appear cnetrist but a dog is always loyal to master
Halal is more painful, than jhatka Mr Shekhar Gupta!😊!
SG is fool himself , slowly bating for congress , it congress biggest mistake .
Sekar is big balloon 😂
Gooo researcher
@@bhuvanajagarapu7977 and then there are Prince of Fools who know that SG is a fool and still watching his videos. For Free. Hypocrisy ki bhi seema hoti hai 🤣
@@mercury8706 mmm hmmm and what does that make you? Big Balloon watcher?
Gupta sir feeling the pain of SC verdict on 370
I remember him strutting/ prancing around like a circus horse when five MiLords addressed a press conference to try and bully Na Mo. Fortunately Na Mo did not succumb , on the contrary was bemused.
Fate of Pak proxies
It was only BJP and Modi this decision was possible cong would have ruined further
Mr. Gupta's interpretation appears incorrect to me. J&K is an union territory with an assembly, that's what was decided by the parliament. I think the conclusion that statehood should be restored by the time of elections to the assembly appears therefore erroneous to me
Read the judgement
go read judgment
@@IndianArma As you see, many others are also commenting on the same lines as mine. Please give a precise link to the judgement (page number etc) if you have read or heard. In fact, watch the video around 27:00 minutes for what one of the panelists has understood of the judgement with regard to elections and statehood.
Does United Aandhra Pradesh bifurcated with approval of them assembly? A Big NO. So, what is the difference in this case?
Another layer to the question concerning bifurcation of former statehood of J/K is taking away of statehood and prima facie political demotion of State to UT.
ABROGATION OF ARTICLE 370 IS MOST CRUCIAL DECISION FOR UNITY OF INDIA
INDEED , NO SPECIAL RIGHT FOR NO STATE
Are you happy ?
@@ubaidarshadyeah
Yes, aren't you?@@ubaidarshad
@@unvarnishedraw6583 my comment got removed
Sekhar, How was Andhra Pradesh divided? AP assembly didnt recommend or opposed state bifurcation. It was done by congress led upa with a simple majority. Why there were no journalist or political pundit expressed worry or future govt with simple majority can do the same? Only when BJP is done, it is worrisome. Just like democracy in danger
Democracy to Sekarji and his ilk
is not ABOUT ballot or governance
But these tribe of SELFappointed
intellectuals have forcibly ingrained
HATE HINDUS EPUHUMISTICLY
CALLED HINDUTVA
THEY CAN NOT REDEEMED BY ANY KNOWN MEDICINE
At 22:05, an important point has been made. It's not necessary for statehood to be restored for conducting elections. Don't we have Puducherry as an example?
Sry can you plz explain further ? So why would elections be held? If CM is not going to be elected
Hello so called secular youtuber plz make video on waqf board👇
Waqf board is the 3rd largest land owner in india 🇮🇳 . In a hindu majority country how can a muslim islamic radical organization achieved this? Answer is with the help of congress thats why I allways say congress is anti hindu 🕉️ party , no doubt muslims votes them unconditionally .If u see congress policy u will find they are not in favour of hindus.Waqf board has authority that they can claim any land that they want and even judiciary cant question it (this happened during congress rule) . On this land they build madarsa and carried out anti india work,they have claimes many land where hindus are in majority & where 1500 yr old temple also there . They tell hindus that convert to islam else will take ur land. This is the condition of hindus in their own country. These so called secular/independent media/youtubers won't tell u this 🤫 . Liberal/secular hindus 🚩are living in their fairy tales, they are the biggest victim of this secular media
@@beebee753It could be like Delhi or Puducherry. Those aren't full fledged states but UTs with legislative assemblies & CMs.
SC has clearly stated those two to be independed events. It appears SG has cluttered it with assumed "necessity".
Yes, even I wanted to ask Shekhar the same clarification
Thought SC only said election needs to be held and did not say statehood needs to be restored.
Deadline is only for elections and not for statehood.
@@GaudiBear “As soon as possible” can be 20 years from today.
@@GaudiBear Elections will and should happen. Statehood is a different matter. Delhi has elections every 5 years. It's not a state. It was made a Union Territory in 1956. And a National Capital Territory in 1991.
@@GaudiBearI will not call you anti national even if you hadn't produced your military background. But one thing I will surely label you- 'woke'. You don't talk sense as you think of yourself.
@@GaudiBear Military brat of pornistan perhaps
The promise given was a necessity of the past, the word broken is the need of the present - Niccolo Machiavelli
" Temporary support " itself means, its not binding for future.
How was Andhra divided?
Under atricle 4
In 1971, Indira got the chance to correct the wrong done by erstwhile leaders but failed to do. It should have been done long ago. All states are equal in democracy. UCC and abolition of quota will advance Bharat to become cynosure in the world. Modi Shah caravan passes on much to the chagrin of opposition which has lost the credibility.
In defense of Mrs.Gandhi back in the days international geopolitical conditions were far far different than today, US was openly anti India and literally just sponsored a Hindu Holocaust in East Pakistan by their puppets in Rawalpindi while China was lurking in the muddy waters looking for a weak point in India's chaotic condition at that situation only Soviets were at our side not to mention even even after fall of Dhaka then US regime didn't changed their anti India ways so at that time tempering with Kashmir was just too risky, fast forward 2023 US diplomats are now sipping tea In Arunachal pradesh so yeah Times have changed. India of 1971 and India of 2023 are not just the same.
BJP has solved the Article 370 problem after 72 years of independence. Protest was initiated by Dr. SP Mukherjee in the very beginning.
Congress/Left/ INDI alliance is still supporting the article today, even after the abrogation is certified by SC.
In principle, BJP has the clear stand on Art.370..... but, Congress was ever hypocritical....
The issue is not only about the rights of Kashmiris but also the rights of the OTHER STATES in the future....
And it's a deliberate opening for "the Corporates" to exploit the Beautiful LAND...
RIP Abdullah/Mufti family. Great news for people of Kashmir.
Its already develping and first time since independence people are free to tour there, terrorism is low, movies are being shot, women are getting jobs and slowly they are progressing under Central Govt.
Kashmir is better developed than states like UP and has better indicators than Modis Gujurat 😂
@@sumedhsingh731 Lol u dont even know about Gujarat and Kashmir. Kashmir had no growth before 370 abrogation 🤦♂🤦♂🤣🤣
Will see in electron
@@anshuraj4277 if they vote for anyone other than BJP it will be only due to islamic extremism and that will be the rebirth of terrorism and endgame for Kashmir. All the good work done by BJP will be undone!
It is good that Kashmir is fully integrated with rest of India.
I don’t understand this “internal sovereignty” of a state. Just like Maharaja Hari Singh , other princely state heads also decided join the union of India. So what is so special about Jammu and Kashmir? What is different about the culture of this state that is different from other states? Every state in India has a wonderful culture, traditions that’s unique to that place. But at the end of the day, we are all citizens of this great nation and we are all equal. How long will we keep harking back to 1947 and groveling to one group. Isn’t it time that J&K contributed to the country like how our ancestors from there did instead of mooching off the rest of the country. Good riddance to Article 370.
Exactly...infact if I am not wrong there were 600+ princely states.
What's there to understand? If anything, By upholding the abrogation Chandrachud has done the same to "sickulars" what Rahul did to Congress with his tearing the ordinance act. It's the end of the idea that somehow some communities are special in the country. Ram Mandir inauguration is on 22nd January. That will seal the deal for Modi 2024 and beyond.
Hello so called secular youtuber plz make video on waqf board👇
Waqf board is the 3rd largest land owner in india 🇮🇳 . In a hindu majority country how can a muslim islamic radical organization achieved this? Answer is with the help of congress thats why I allways say congress is anti hindu 🕉️ party , no doubt muslims votes them unconditionally .If u see congress policy u will find they are not in favour of hindus.Waqf board has authority that they can claim any land that they want and even judiciary cant question it (this happened during congress rule) . On this land they build madarsa and carried out anti india work,they have claimes many land where hindus are in majority & where 1500 yr old temple also there . They tell hindus that convert to islam else will take ur land. This is the condition of hindus in their own country. These so called secular/independent media/youtubers won't tell u this 🤫 . Liberal/secular hindus 🚩are living in their fairy tales, they are the biggest victim of this secular media
its already sealed jan 22 will seal 325 + seats and as we know pappu panuti may give us more gems and may help nda cross 370
people have voted for BJP even without a Ram Mandir in 2014 and 2019. So I don't think it is going to have a huge impact on 2024 elections. Yes, it will find resonance in some states like UP, MP, Rajasthan etc. But BJP has already maxed out in these states, so there is nothing more to gain there. And in the rest of India, Ram Mandir is just a 'good to have' kind of feature, but it won't be a decision maker for voters. In all practical sense, people will vote for BJP's performance and Modi's trust factor.
and u forgot the main factor the a team of bjp mr mahubatt ki dukan pappu gandhi@@dukhi_aatma372
@@dukhi_aatma372 Respectfully, I disagree with the part that "Ram Mandir won't have a huge impact on 2024 elections". Ram Mandir is the reclaiming of Hindu identity. It is not farfetched to suggest that the BJP will decisively take credit for the temple (Shiv Sena also played a part).
SG: “no political party in India is talking about restoring article 370”. Tell that to NC and PDP.
Beautiful decision today. ❤ Next Universal Civil Code
Mr.SG, you pls better lecture your fellow journalist and not to SC on what word they need to use not sure why SG is feeling so much for Anti Imdia sentiments
SG is joking.....modifying Article 370 (for 75 years) is not the same as weakening it. The discrimination was fully there in Kashmir. The terrorists in the valley were depending on it. SG wants to somehow give credit to Congress.
What terrorist has to do with article 370?
I think your biases show here. Modifying of Article 370 = same as it's weakening. And here, I don't mean the weakening of Article 370 in the constitution per se, but what it entailed. The Supreme Court itself pointed out how various governments (including Congress, BJP under Vajpayee) have made most of Indian laws applicable in erstwhile J&K through Presidential orders (unlike the original status in 1950s). So yes, Congress too naturally will get the credit whether you like it or not. That being said, I think BJP deserves big kudos for taking the step to its logical conclusion. Congress never would have had the bravery to take this crucial step under fear of disenchanting their vote bank.
It is interesting that Telangana was carved out from AP without consent from state assembly. It is not similar to Uttarakhand or Chhattisgarh. I am not sure whether Govt used Telangana as a president in JK case.
Reda article 4 of constitution
Center can make or merge the new state or alter the boundary of any state
It industructable union of destructable state
Basic feature of indian fadralism
I think 'the Chief Journalist of the bunch', Mr SG ji had already delivered his verdict in episode 104, that article 370, although temporary can not be abrogated!!!!
And then came the SC verdict 😂
They are just another bunch of hypocrites with their self-proclaimed superior but, in reality, impractical and dubious ideologies.
You will regret this when in future Kashmir becomes like UP and Bihar
@@tropicofpratek
I would love to see J&K becoming like any other state, including UP & Bihar. What's so regrettable about UP & Bihar? And what makes you choose only those two states? Why can't it become like any other state? Are you a fortune teller, or have you made some toddling computer models who are making those predictions for you?
If you're talking the rhetoric to law & order issues, you're gravely mistaken. You can't take UP for granted. I have visited UP multiple times in the last few years, and they have made undeniable progress with good governance. Bihar might have law and order issues, but not what 370 had made Kashmir, a gutter with breeding terrorists and separatists.
No state is perfect. Leave India; every place in the world has a law & order issue; the degree varies, and those issues can be easily countered with good governance and decisiveness of a good government.
That's why the shock waves in whole leftist lobby.
So, in short SC was deciding that whether as per the Constitution of India is the Constitution of India applicable on J & K ?😊
In India Judges select judges.
Mps decide their own salary.
Brave and excellent step by govt now endorsed by sc. bravo 👏 and
Seems like your viewers are cutting the clutter more than your editorial team.
That is increasingly par for the course. To cut the clutter, first you should NOT be part of the clutter. Unfortunately SG is ...
The SC decision is fine..
SG has carefully crafted the eco of South India and North India... which is circulation after BJP won 3 heartland state... by taking an example for Tamil Nadu... time and again he have to make money masters happy...
Very nice discussion, thank you everyone.
Always #India/#Bharatavarsha first
At 20:00 onwards....Union govt. thereby Parliament has absolute power to carve out/bifurcate/divide any states even without the concurrence of the concerned State. President only need to send such proposal to concerned legislative assembly. However, whatever legislative assembly decides is not binding on Parliament. Parliament may accept or reject the view taken by concerned state and then make final recommendation to president who would be bound by such recommendation of parliament indirectly union govt. Of India. There is ample example (see Telangana formation story) and case laws on this.
😂😂😂
Shekhar color commentary / clarifications from time to time / Very Nicely done.
It is beyond my thinking, why Indian socalled seculars intellectuals feel against this judgement. Why it is painful.?
Watching the legal language of the court was too difficult to understand in the morning… but I was convinced that SG will explain to us in the evening!
Not too difficult to understand. Article 370 was a temporary provision, Congress party allowed it to continue indefinitely to appease Muslims.
Have confidence on own intellect. Why depend on the spin of a disguised leftist?
parliament’s constitution power over state assembly already validated in the “Andhra Pradesh state bifurcation bill”. Where state assembly unanimously rejected the state bifurcation bill and sent to central government, but still parliament and Rajyasabha went ahead approved the bill in 2014. So parliament powers unquestionable over state affairs.
Print and sekhar coupta gone radio silent on 500 crore cash unearthed at congress MP house. As Public influencer- he is setting the agenda, selective choice of topics to be discussed . His analysis and 'cut the clutter' is nothing but an attempt to promote his own bias - rather than inform the readers
Valid point. I am sure if this would have been with other party, mr SG would have made an episode. So much so for neutrality
There are other media houses to do that.
Hello so called secular youtuber plz make video on waqf board👇
Waqf board is the 3rd largest land owner in india 🇮🇳 . In a hindu majority country how can a muslim islamic radical organization achieved this? Answer is with the help of congress thats why I allways say congress is anti hindu 🕉️ party , no doubt muslims votes them unconditionally .If u see congress policy u will find they are not in favour of hindus.Waqf board has authority that they can claim any land that they want and even judiciary cant question it (this happened during congress rule) . On this land they build madarsa and carried out anti india work,they have claimes many land where hindus are in majority & where 1500 yr old temple also there . They tell hindus that convert to islam else will take ur land. This is the condition of hindus in their own country. These so called secular/independent media/youtubers won't tell u this 🤫 . Liberal/secular hindus 🚩are living in their fairy tales, they are the biggest victim of this secular media
@@sayanroy5125 that's not news channels work
Dhanyavad 🙏🙏🙏🙏🙏🙏🙏🙏🙏
One major flaw in your analysis - the date of 30 September 2024 is not for giving statehood back but to conduct elections for Legislative Assembly of UT of J&K.
Also, SG is so ignorant of basic understanding of Indian Constitution - India is not federal but quasi-federal. Union Parliament can do anything regarding the territory of India, make UTs, create N number of states, no state can do anything about it except cry in front of SC.
You just basically point it out this way because it suits your present political inclinations. When tomorrow congress or some other govt will be in power then this means they would also have the power to simply convert all states being ruled by then BJP into UTs taking away all powers and then the interpretation would not make you say that all they can do is cry in front of SC
@@ristagssure they can. And if it is created only for political prowess sc will remove it 😅 if it is for a legitimate reason most Indians won’t have a problem with it. 😂
And fyi coming to your point on congress winning. This is why it’s important for all to vote bjp so that congress can they show their stupidity in opposition and not in the government.
@@ristagsYes Congress does this all the time. They split Andhra Pradesh for electoral gains. They split Punjab. But no media ever talks about it
@@ristags Andhra anyone ?
@@ristags Buddy, any party if does something like that will be ousted by people in elections. I just stated the Constitutional fact. India is indestructible union of destructible states.
States in Indian union have no permanent existence.
What is degraded ? Its bifurcated or trifurcated.
When SG says at the end that no political party wants to undo the 370 change, I am not so sure. Isnt Rahul Gandhi on record saying precisely that ? Arent INDI Alliance constituents saying that ?
Thank you sir thank you both madam.
Who is SC to tell the govt to hold elections. It is the government that needs to make decisions based on law and order
😂😂😂😂.
Thanks for explaining. This is a historic closure all Initiated by the BJP & Modi. Let's discuss next new laws just passed in relation to J&K.
On a different note , good to bring in Deep Halder Shekar ji. Will wait for more episodes about Bengal and Bangladesh from him.
Being from Jammu, UT with a legislature is the best way forward purely for national security purposes. Statehood should not be given.
@@IlyasNaikbjp andhbhakt , most of the Dogras want statehood , u are traitor of Dogras , j& k is highly populated with rich history , we damand statehood with 371, if people are not happy m what will u do with securing borders , the ultimate aim to satisfy the citizens of the country,
How casually she said the most important part of this abrogation process.
Changes in article 367, clause 4 (d) was the main thing, which helped to throw article 370 into the Congressi dustbin.
Statehood need not be restored as Shekhar claimed, to hold an election by end September 2024, since J&K is contemplated as a UT with its own assembly.
Respected Guptaji
May i please request you to seek legal explanation of Hon ble Court verdict in detail and then present your views again with full understanding.
This is loyalty.Cong has serviced journalists very well knowing fully well that such a day can come
Dear video tech people @ThePrint, a small, very respectful request - please reduce the volume of BhadraJi's mic when she is part of a panel. I admire her knowledge and passion for the subject, but the varying decibel levels makes the audio a very unpleasant experience. Thank you 🙏
😂😂😂
😂😂😂 SG still thinks it was just shell. And thinks people are unnecessarily flapping (tadap) like a fish
Half the time I can't decide whether to listen to SG or watch his hands flapping around. I've said this before but the hand- tandav continues. Also it's time he let go of the Congress. They are retrograde and anachronistic. They simply cannot be current to the state and needs of the nation without getting rid of the dead weight on the top...you know what I mean....well anyway, wait and keep watching. But those flapping hands...I get dizzy!😅😅😅
17:42 No, the SC has not directed any timeline for restoration of statehood, it just said elections should be conducted before 30 September 2024 and said that statehood should be restored soon (not setting a deadline), so it's very likely the September elections will be similar to what happens in Delhi; a CM for a UT.
Shekhar the Supreme court comment on surrender is perfect coz unlike majority of princely states which got dissolved in our constitution JK maharaja stood his ground till Pakistan almost captured JK in 1948 resulting in his surrender and term will also apply to Hyderabad Goa junagad. Secondly article 370 was subservient to Indian constitution and the parliament has the full authority to abrogate at 2/3 majority. DMK yesterday in Rajya Sabha explicitly stated that they will revoke and also wanted self determination. Shame
Very precisely explained 🙏💐
As an Indian we hv no right to check the verdict of SC. Kindly consult a senior lawyer…..
I am disappointed with the verdict, i am afraid that this judgement will further alienate Kashmiri from us, we have to be sympathetic to the Kashmiri people and make them feel comfortable being part of our great Nation, and the central government should restore the statehood and help them to manage their affairs on their own like other indian state, the government is already spending too much of our resources in managing the state, and in long term the current approach of military management will become unsustainable
The in between friendly exchange was super cute ❤
in a legal argument, nice of you to recognize this !
Excellent job on this project,,best explanation for common viewers,easy to understand..one more achievement for the present government..three S S S WORKS for MODI..SCALE SPEED & SKILL
Meltdown of left liberal Makkars.Not Shekhar & his team, Print is centrist platform
🙏 what a mother 74 year war is not enough good Time has come modi ji equality
The lady in the middle was constantly cutting the other lady which I found little disruptive. Overall good discussion and content
All these 60 years all the vested interests worked on bigger plan of keeping while of Kasmir Valley in the hands of Muslims and eventually conceding J & K or atleast Kshmir Valley to Pakistan. All the actions were in someway had a fodder in it for the said objective. But now with the Supreme Court verdict there plan got demolished just like a bunglow made up of playing cards. Now all these people's will start criticising Supreme Court of being biased as the decision was not in their favour as they were expecting based on the manner Supreme Court ruled against Government in recent past.
My darling Apoorva is wearing kashmiri attire today ❤❤
What a collosal waste of precious judicial time. It should have been admitted or the least thrown out in the first hearing. But then ......
Apoorva knew what to wear for this episode 🤗
Bhardra Sinha ....a very competent legal mind.... and equally articulate. There is clarity .
She (if it is even a she) has no clue about political-legal minutiae.
Not necessary to statehood
It is Better to be as union terrotory considering the sensitive borders of j&k.
Halal and Jhatka comparison by SG in context of the topic was very timely and well delivered.
21:00 India is not a federal republic, it is a union of states . Atleast read article 1 of the constitution.
The experst have missed out the Key fact, that as per the earlier order of levi-ing Art - 256 where it clearly mentions that the state assembly is now the 2 houses of the country, thus its a valid process and not a malicious one!
Coupta conveniently left out that State of Telangana was created without Concurrence of the Assembly of tbe erstwhile Andhra Pradesh.
3 Bench Judges headed by Prints Chief Justice Sekar Gupta giving its own interpretation on SC Judgement on Article 370. 😀
Parliament has the power to increase, decrease the area of any state, divide that state into as many parts that it wants or even end the existance of any state. That's why India is called indestructible union of destructible states. India does not fallow the US system where states are indestructible.
Telengana was carved out even when AP assembly voted against it.
The main legal argument favoring Indian takeover of Kashmir was the instrument of accession . Part of the accession process was the guarantee of autonomy enshrined in India’s constitution. Now that those constitutional guarantees have been abrogated, the instrument of accession is invalid. Pakistan should be celebrating this development.
Of course in the end:
“ jis ki lathi uski bhains “
Now it is straightforward occupation without legal justification.
Healing our past call is a joke on those who suffered. Expect only tolerance not friendship !
Majority jammu should be made seperate state as we must protect them from terrorists .
Article 3 of the Indian constitution suggests that a Parliamentary law on the recommendation of the President can alter state boundaries. It has nothing to do with new territory being UT or state. The president may get views from the state in question [not binding in nature]. So, yes in Mr. Shekhar's example, Tamil Nadu can be split into 3 states, not just union territory by a Parliamentary Act and in a majority government situation, at the central government's will. Article 3 provides unabated power to Parliament in that regard. However, federalism is a part of the basic structure of the Indian Constitution, and the validity of any such alteration can be challenged in court.
I am not convinced about the election of Legislative assembly of a full flaged state . can it be for union Territory of J&K 's Legislative assembly .
J&K enjoyed special status for way too long. The Abdullahs and Mufti’s and Congress milked the country in the process.
That chapter is over. It is history
The team may refer to Justice R. F. Nariman's youtube channel to learn about Article 3 as it stood before the present partial ruling.
The Justice, in fact, had interpreted that the Constitution allows the Parliament to, in principle, re-organise India into just *2* states; and 2 because of the use of the plural form of the word, *states*.
The judgement was as expected, the judiciary doesn't have the courage to go against, its now usual/regular that states and local body governments are given less and less importance, many local body elections are not taking place, centre is doing and giving everything, also taking large share of income or retaining to itself, if this continues, its not long that we see only centre governs all the country and all the aspects of our lives
😮😢🎉in our india we need unbiased judicial systems unbiased police systems unbiased political systems 😢🎉r
Very Very poorly analyzed, the team has no idea about the details of accession, the judges have not gone deeply into article 370 specifically 370-(3). This doesn't cut the clutter 😢
as a law of the nation..it is the ultimate word. Article 370 is a temporary measure to restore the confidence of Kashmiris.
Integration of all areas of India under the Constitutional is necessery to form a healthy 'nation state', Its time all areas of India become fully integrated. Then infrastructure and transportation (economic integeration of all states) can flourish. India has a large bureaucracy problem so this a development in the right direction.
Just a correction @sekhar. Please communicate to ur colleagues that it’s not “IndYa”, it is “INDIA”! Thank you!
"Call me Shekhar, Bhadra" yeaaaahhhh, Mr Gupttaaaaa! Still alive
Nehru bungled Kashmir from day one. Being from Kashmir, and a questionable Hindu, he treated Kashmir as his fiefdom. Had Sardar Patel been involved, we would have whole of Kashmir in India. It is not surprising that the same incompetent Nehru gifted parts of Ladakh and NEFA to China.
These are very unpalatable to likes of Shekhar Gupta, and Ghandy (masquerading as Gandhi) family.
Well said
The judgement is a big blow to federalism in India.
Even if seeking opinion of state legislature is recommendatory in nature, the procedure was not followed. Procedurally, it is an unlawful action. Tomorrow all the linguistic states can be dissolved to suppress the cultural identity of these people.
Whatever the so-called experts are saying is just their interpretation and understanding. Such things do not hold water in the court of law. This does go into tricky area!
Be wary, people of India!
This kinda judgement why Nagas dont want to ink final solution?
I wish they would have shown the present videos of valley rather than curfew or old videos..at 10:47
Just look at each other while talking guys. Looks so synthetic!!
kaise kahein hum, modiji hum congressiyon ko
kya kya , khel dikhaye
humra woh haal hai, beech sadak pe
khatiya khadee ho jaye hey