The Heart of the Article 370 Dispute Explained
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- Опубликовано: 26 июн 2024
- The Supreme Court recently reserved its judgement in the batch of petitions challenging the abrogation of Article 370 of the Indian Constitution. Here is what the Supreme Court described as the 'heart of the matter'.
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Check out Padmakshi (@padmaaa_shr): padmaaa_shr?t=Vcj...
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Excellent presentation and superb explanation of the complex concept of 370 . You made the every aspect clear and distinct...Thank you Padmakshi ji, Congratulations and best wishes 🎉
Good explanation and I am sure supreme court decision will help India as a country.Not only 370 all articles should be revisited that doesn't treat all Indian equally.
Well explained. I hope Supreme Court will keep status quo now.
Great, complexities explained simple. Abrogation of Art 370 is nothing but a step ahead to majoritarianism to adopt authoritarianism as the mode of governance.
Fantastically explained. Live Law, do make sure to make more with this presenter. 👍🏻
Very nice
Well explaination
Excellent and crisp presentation
Just simplifying and explaining the core legal issue is excellent with also your presentation. 👍
What a load of crap at the outset, the promises made to all rulers dud not bind the union but would remain at the generousity of the union.
Once statesman felt the integration was complete the union had the power to end all compromises promises
Very well explained ma'am thank you
Superbb explaination👏keep it up👍
Perfectly Explained with simple Language.. Thanks to live law..
Nicely explained
Exceptionally well explained miss… kudos to live law team … mesmerised with the explaination
NICE PRESENTATION
Abrogation of Art.370 means nothing less than a son's falsity to his own father's most sincere commitment.
👍👍
Well explained...🙏🙏
Very impressive and simple explanation. Thank you 👍👍.
Explained well. Deadlock situation, the final decision would be one to watch.
Only J.K assembly legislative assembly is having right to recomend for abrogation of Art 370 not J.K Lt Governot
Centrally govt can't abrogate without state assembali consent.
Assembly (Governor) gave it's assent to change that clause which...😅
And ,Where to found that assembly it was already died in 1957...
Removal of articles 370 is very necessary for India so that we can develop our kashmir....
And it indirect denifit to the Kashmiri people ❤
These medieval laws should be thrown out.They do more damage than good.
Superb, you have explained it very slow and steadily to understand. Thanks.
Very we’ll explained by the girl. Thanks.
90% of video time was taken on what petitioners contended. That is a telling tale of Live Law analysis, credibility
Agree with you.
😂😂😂 what you expect from a platform under MA RASHID.
There is no need for the SC to waste time on Acts of State and Art 363 clearly precludes it from doing so! Technically a simple merger proclamation by Karan Singh would wash away all the incongruities
What prevented the constituent Assembly to include the Special status in the constitution of J&K to make it permanent? Since it had not done so, it is to be construed that the constituent assembly did not feel it necessary to continue the Special status conferred upon J&K through Art.370. Simple logic of a Common man.
This is not acceptable. The crux of the issue is "" why they could not wait till an elected legislative assembly starts functioniing.They judiciously chose a time during the period of "President Rule " . what a clever strategy!
Then tomorrow Union Govt & SC has to ensure by guarantee that nothing further be able to be amended just by amending definition clause by this govt or any Govt comes till India prevails.
Well done 👏
It's a well presented summary of the legal position of Sec 370. However, Sec 370 has a historical background and the advocates on both sides have presented their perspectives. SC bench cannot ignore the International ramifications of the conclusions they would come to. Interpretations are bound to have contextual limitations and the idea of what does it mean to be an integral part of India has to be addressed.
Sooo Sweet! !😊
Fast Forward to 26 Nov 1949 is a quite a leapfrog and wishing away the sins perpetuated by the Indian leaders at the helm affairs ! Instead of regaining the lost territories for Kashmir, India before UN agreed for a plebiscite and ceasefire! For one India had no locus standi to barter the sovereignty of a acceding state! Secondly india had no business to vitiate the internal affairs of an acceding state like sending the Ruler out of the state and propping up a political leader or even asking for a constituent assembly ! These are all blatant violations of the terms of IA! Art 370 is a culmination of all these multiple blunders
The power of parliament to make laws is limited by art 370. Neither parliament nor legislative assembly has power to abrogate art 370 because under art 147 of j&k constitution the legislative assembly has no power to amend provisions of constitution of India as applicable to j&k state. Where is the power to abrogate j&k constitution there must be some power to abrogate j&k constitution under constitution of India. Art 370 is the only integration to j&k.. this art was made to apply provisions of constitution of India as applicable to j&k but not to abrogate j&k constitution. If they allowed then heavens know what would happen in future
She seemed like petitioner's advocate on RUclips
U forget to mention ambedkar condemned article 370,he had stated it will divide the nation
In Sampat Prakash VS State of Jammu and Kashmir, SC had already told that 370 is permanent in nature. All clauses of 370 can be dissolved through only one way and that is article 370 (3). Amendment done by govt in 367 eventually amending the article 370(3) provisions which is not permitted under article 370. Also in 367, substitution of Constituent assembly with legislative assembly can be permitted or not... because both are completely different and having different domain of work. If this will be permitted, then legislature can substitute any word with other words in future course of time and ruin away the fundamental rights of people.
Also the president rule imposed in November 2018 was in question mark and against the emergency provision. So now has to see what SC decides...There were so many complicated decisions made by legislature during abbrogation of 370. Now at one side it is emotional sentiments of people of India and at other side, loads of constitutional facts and technicalities. Let's see what SC choose to go with.
Living document, do you know the meaning of this at all?
That's why it should go
The President of India has the power to remove the PM. Let her do so as she appoints the PM and end the misery the people of India are suffering not forgetting the Manipur issue and the Adani saga which have been to the detriment of the people of India.
How they inserted clause (d) to article 367 through presidential order? I mean, how can an article (367) of constitution be amended through a presidential order ?
If government can abrogate that in this way.. than this judgement will pave the way for the state to be legally became a dictatorship.. it can simply take judicial powers also in the hand of the parliament and so in the hand of union
❤❤❤❤
What a beauty, I'm in love... 😍🌹
Misuse of the advantage provided by the article is a political issue and it is the responsibility of the center to sort it out. And on the other hand the article is permanant and the center cannot do anything about it. What a game! This allowed sbsequent congress govts over sixty years to let kashmir bleed. It allowed pakistan to let sepratism to grow with no hinderance. It provided pakistan to humiliate the Indian deffence forces as killers of human rights. I for one feel that there are certain issues which are so deeply humaniteran that they are better to be left alone. Sibbal and company are in my view examples of how cruelty can be defended by throwing the rule book at the sufferring party.
Blame Pakistan, blame Maharaja, blame the constitution. The question is on what basis Article 370 abrogated, who did it and whether it was done in accordance with the legal procedure needed to disapply a constitutional provision of the law.
Apparent that this CONSTITUENT ASSEMBLY J&K thought they had it stitched by their dissolving this CAJ&K with all this unequal ,unjust 370 laws foe all times They would have patted on their backs.
Shk Abd &Nehru horrified in their graves.
Problem solved..
Important is that it overcome terror activities or not and kashmiri get benefit or not 😊
@@beingbishnoi925 If everyone calls a sane person insane, it will have a psychological effect on that person and will behave like an insane person. In spite of the previous as India and Pakistan being one nation and now as neighbours, I have yet to see India and Pakistan praising each other. It will be beneficial if the two countries cooperate economically with each other. India has a lot to offer to Pakistan and both should establish embassies in each other's country as a first step, others will follow. Each should cooperate with the other to end terrorism which will minimise security costs and will be beneficial to both as citizens of both countries will be able to sleep peacefully.
@@takahapana557 many time India initiate the friendship and a table talk but Pakistan is like a "tail of dog" it didn't overcome his activities and doing support to the teroorism and doing separatist activities now you see what is condition of pok and gilgit Balochistan they want to meet up with India ...
And by the way 1 year or 2 India will again capture it's land mass because according to law it's belong to India there is a agreement 🤝 of this with Raja Hari Singh 😏🔥
@@beingbishnoi925 Who from the Indian side has initiated the friendship talk with Pakistan and why did not succeed? Will there be any truce based on the foul language 'tail of dog' which you referred to Pakistan? India is claiming Pakistan has captured its land, which land? What about China claiming that part of Indian land is theirs, which I personally do not believe. You are blaming Pakistan for terrorism, what proof do you have? Having said that I am aware of suicide bombings going on in Pakistan where a few criminal Muslims kill other Muslims. Imran Khan was also targeted and he survived.
Kindly make PDF related to Article 370* ... Instrument of Accession available here....
Well done!! Remarkably well explained.
Given the very serious potential for nautanki to be done when fascistic itches arises, it is vital that the Art 367, in its own internal wording, be amended to clearly state that this interpretation applies ONLY to Art 370. This needs to be so, for Tushar's point is indeed valid; we cannot have 370 be in place when there is no Const. Assm in J&K.
If there is NOT an internal limitation to interpretation, then indeed you are opening the floodgates to blatant deception and misuse of the Constitution of India, yes, India to mean anything the prevalent itch masters want to scratch. (If I were writing in Hindi, I would have used Bharat. With apologies to none at all!)
The only way out of this is applying the doctrine of prospective overruling as in Golaknath by the Supreme Court. Obviously the govt discourse is wrong and ultra vires as due process of law not followed but sometime the end justifies the means as in this case. With doctrine of prospective overruling, the abrogation of 370 stays but government/executive will not be able to use this method again to amend the Constitution whatsoever the end.
1. IA was signed with Dominion of India - Not Union as referred!
2. IA signed by Kashmir King was same as that signed by other Rulers of India at that time! Junagadh signed with Pakistan but was conquered by India by using the people themselves! Hyderabad signed almost an year letter after a conquest by the so called police action! It was thereafter the farce of signing IA by the Nizam was resorted !
3. As per India Independence Act 1947, the Rulers of India were free to remain independent ! IA was originally contemplated under Govt of India Act 1935 when a Federation was contemplated and there was no concept of Pakistan ! This IA was even optional even in 1935 Act! This was revived and offered to Rulers post announcement of 1947 Act in June 1947!
it is no0t the question of abrogating or not, considering the sensitivity of the border state and the local corrupt political parties giving tacit support to Pakistan and the terrorists supported by them, the article has to be abrogated for the welfare and peace for India.
State Assembly is just a proxy for people of the State.
By trying to bypass this the government adopted questionable constitutional methods. Governor Or Parliament cannot stand for legislature when it comes to the will of the people in the state.
Also there is a lot of merit that this could be a precedent for similar action in any other state.
Tushar Mehta's assurance that this is one off needs to be taken with a huge spoonful of salt.
Very well presented. Thank you and congrats.
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In essence the matter relates to the interpretation of the articles. The guiding principle is : the provisions are not to be so interpreted as to negate it or making the very provisions redundant . If the provisions have been made for integration of J&K then these provisions have to be so interpreted , refraining them to mean that the provisions are for preventing or postponing or creating an impossibility of the integration or for sustaining disintegration.
Perfect
Article 367 can not be amended so as to give a different interpretation meaning then original interpretation envisaged in the article 367.
Article 370 and 35 is most stupidest law or whatever one like call should never have been thought of only Nehru did it after Sardar Patel passed away.This is to appease the Muslims and set in Divde and Rule for which Congress is known. No question of this article 370 remaining in our Constitution. All advocates arguing for Artificial 370 are anti national in our Opinion. Hope Justice Chandrachud should know most of Bharat is against this article.
367
This is Bilateral relationship between Kashmir and India under conditions...
So any Unilateral decision or claim or judgement or Bill passed etc is completely Unfair Illegal immoral and Unconstitutional.
Abrogation or Revocation or Amendment or Deoperation of Article 370 .This is complete Violation of Agreement 🤝 which took place then between India and Kashmir.
India must abide by his promise
India must keep his promise
Kashmir is not separate entity
We didn’t promise anything to any sovereign entity. It’s not a promise, get educated
Govt can't
What government has done is right and supreme court will give approval for the same. Kapil Sibal couldn't answer many questions asked by CJI and in some questions he blatantly refused to answer. 😂
Hahaha keep laughing like an ignorant
You didn't see the same core of heart question was asked to Mehta and he eventually said that it has permanent features ? How could you see that... 😂😂
His only argument was that this has never happened before , so it shouldn’t happen now 😂😂😂 what a joker
@@Kathakathan11relax guys ... supreme court do justice and remain state as a union territory 🙏💪
370 is our birthright. I am a nationalist Dogra and my many relatives are in Indian army and I want 370 and 35 A back. 😊
But understand that development won't happen there unless it is controlled by union... This will indirectly benefit u all kashmiris
Leave the constitutional interpretation aside. Blatant disregard for ethics by turning one's back on the promise made the Kashmiri people at accession. Abuse of the power of guns.
Luckily Pakistan posses nuclear weapons to fittingly revenge. It will face the same fate like Kashmir faces
😂😂😂promise, my bf promised to marry me but then we decide to get apart, will he give me alimony 😂😂
@@user-qy7pn3vh1zwell india has those nuclear warheads as well
@@Kathakathan11😂😂 what a answer 😂
@@user-qy7pn3vh1zthey don't have courage to do so....Even they are not able to eat properly and you think Pakistan starts war against India 😂😂
Before deciding whether GoI could use 367 to amend 370 or not, the followings need considered first:
1) Sanctity of IoA, in view that J&K is listed in Article-1 as one of the many states, as sovereign of "we the people of India" that includes all Indian citizens, besides citizens of J&K. So, the eventual future status of J&K is prerogative of the whole of India, people of J&K naturally included. This means authority resides with elected forum, ie, Parliament.
2) 370 was special condition, mentioned as 'temporary' at the time of framing of Indian constitution, meaning 370 would have to be abrogated in one or other way. Word temporary must have meant a reasonable period of say, 5-10 years, while CA could be running in parallel.
(3) Purpose of CA for J&K was to formulate policies for J&K, without affecting the "temporary" nature of 370. If CA dissolved in 1957, without deciding 'when to abrogate 370', it does not mean the decision of 'abrogation of 370' becomes non-existent. 'When to abrogate 370' has naturally remained an open question for the people of India.
In view of the above arguments, "delayed abrogation of 370" does not mean it is wrong. Furthermore, if Parliament, the sole body to represent people of India, has the responsibility to "do" what was unnecessarily delayed for 70+ years, the President has to find a suitable way of doing it. If one questions 367-route, one should then be able to demonstrate why not so.
The bottom-line is "abrogation of 370" was necessary action to be undertaken to achieve greater equality of all populations living in J&K and the rest of India. Giving any sort of justification to question GoI's decision, for the sake of technical-correctness is waste of everyone's time, as it leads to no gains to the nation (barring those few unduly privileged beyond a few years meant for, as temporary). In Hindi there is a proverb: बाल की खाल निकालना...ie, senseless arguing for sake of arguing, with no greater purpose.
Government can do anything as law is will of state....
Does it not indicate that the Article 370, which was to be abrogated on the recommendation of Constituent Assembly of J&K, was not allowed to be abrogated by preventing the Constituent Assembly to reccomend abrogation thereof as it would have broken the very bridge that tied and of course still ties India & J&K together and disinterate it for ever, but to stay untouched to allow the bridge to remain intact in order that India and J&K continued to maintain the original status that stood as on 1957 when the Constituent Assembly was dissolved ?
In simple terms, Art 370 was removed because people in Kashmir were changing the demography by force (Kashmiri Pandits Exodus) which would cause National Security threat to India. Now balance will be restored by any means.
Nothing is like 1957 now, we know what’s happening in valley, grow and evolve
change title to Sibbals argument to nullify art370 abrogation. this is such a biased and poor reporting.
Very well explained