Doctrine of Basic Structure under Indian Constitution: Madras High Court Bar Association at Madurai.
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- Опубліковано 5 лют 2025
- Justice Rohinton Nariman delivered a Lecture for the Madras High Court Bar Association at Madurai on the topic - Doctrine of Basic Structure under Indian Constitution in the year 2015.
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Hon'ble Justice Rohinton F Nariman is a Colossus of Law.
His mammoth memory is unparalleled.
His speeches are mesmerizing.
His knowledge of law is unmatched.
He is a Genius.
He is a living legend of law.
Syed Naqvi
Advocate
Supreme Court of India.
But his little understanding made his retirement good riddance... Memory is a virtue in KBC... even though I do not agree with your opinion.
Most certainly a misplaced understanding of Justice R.F. Nariman. Enlighten us why. @@sasikumarn5786
He is not a genius as kesavnanda did not get relief the citizen lost and state won , how can state won if citizen looses
Clarity of thought, words and action explaining rationale of constitutional Law. 🙏.
Justice Nariman has a photographic memory.....he is an enigma in field of law and justice 🙏🙏
It is both a blessing and a curse. Curse for crippling one's original thinking, blessing for easily confounding another with a reel -off from memory.
Enigma Man Mr.Nariman
If Justice Nariman is a typical example of judge of the Supreme Court of India, we can be assured that Indians will have justice and the Indian Judiciary is in very safe hands
Hahaha millions of pending cases and justice is safe in their hands?
The SC has less than 70,000 cases pending@@yushpi
Absolutely fascinating...For a person like me , who is not lawyer , it smoothly explained the most important part ..' basic structure ' i have no words to express my gratitude...
Hon'ble Justice Nariaman is very knowledgeable personality that the legal profession was blessed to have, the way he explains the matter and connects the historocal background is extraordinary. A true Legend.
Rohinton sir is always eloquent & erudite. Very few in India can match his acumen in India.
All that you can't leave behind...Remembering the Album by U2.
Justice Nariman, brilliant as usual 😇
its like wisdom is flowing to all direction, huge respect for you sir. you are an institution sir.
Absolutely stunned by this man's brilliance. Hats off!
I was lucky to have met Sir on a few occasions for legal conferences at the Hon'ble Supreme Court of India .Saw him arguing before Ld Judges....there used to be lightening and thunder of greatest advocacy..
What a beautiful thought provoking lecture! Really impressive. I recollect the saying ' kingdom of thought is a proud aristocracy '
Wow... Fascinating lecture. One can only wonder at the wisdom and far sightedness of the founding fathers of our constitution. And of course the wisdom of the judiciary who subsequently have stood as the able guardians of our Constitution. 🙏🙏
Justice R.F.Nariman is Always Excellent And Greatest Great personality. Thank you very much Sir.
Great salute to Justice Khalifullah, honest, upright and great judge,
Excellent lecture even a layman like me can understand and thank you sir, your explanation on preamble and basic structure brilliant, must watch...
We are looking for more videos from you.. outstanding legal expert in history.
Thank you very much, Sir for elaborative, clear and comprehensible speech. You are Legend.
His Excellence Justice Nariman interpretation had been made on Constitution basic structure tremendous changes will be made judicial knowledge.
Justice Nariman is an institution in himself. There are only a few people who while speaking create a pictorial scene in the Listener’s mind, this talk is one such example.
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Can’t agree more, Thareja Sahab
@@abhishekbhushan32501 k.
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@@AshokSoodSrAdvÀÀ❤
A great constitutional expert and a orator in himself
What an interesting discourse on Indian constitution. For students of political science and law Justice Nariman's lecture is a feast. Long live his reputation.
Always a great pleasure to listen to Justice Nariman
Tremendous memory delivering in systematic way
His physical similarity with Dr. B. R. Ambedkar is not just an accident if we know similar his intellectual caliber.
Jai Hind 💪
Our politicians from Panchats to state govt to Union govt in Delhi loot thousands of crores every day. But if same politicians to be given same posts in USA or EU, they cant loot 1 $. how? Even if caught none punished. Every one set free for "want" of evidence. Is this "intellectual calibre" of great constitution makers?? Worst constitution of the world.
Sir is the Donald Bradman of Indian judiciary. He is a legend in the field. For me there are 2 legends in our field one the great Nani phalkivala and other the justice nariman sir.
Fantastic lecture on Basic structure. Justice Narimans' understanding the provisions of the Constitution is unmatchable. India is great to have this type of legal luminaries. Jayaram
The Constitution of India is the foundation of our beloved Nation, it gives rights, dignity, Liberty freedom and privileges to every Indian irrespective of religion, race , language, colour, some vested interests whoever want to tamper, modify , dissect with it must be sent to either Pakistan, Afghanistan or Somalia for life. ,
क्या गजब की मेमोरी है वकील साहब की वाह वकील साहब, धन्यवाद 🙏🙏
इसे हिंदी र्टान्सलेटमें सुनने की इच्छा हो रही थी
Thank you so much great Sir.Simply stunned by your mastery over the subject and the flow of unhindered oratory.
I understand you highlighted also democracy and unity in diversity in our constitution as part of basic structure. Thank you again.
Gem Of Legal Fraternity...!
Great Lecture ! We cannot help but marvel at the due diligence, foresight & vision that the framers of our Constituition imparted to it thru extensive analyses & study ! Perhaps, we can think of the basic structure of the Constituition as the soul & spirit of the Constituition - the basic tenets, founding principles, intentions, motivations circumscribed in the overall situation [geo-political, socio-cultural, demographie etc.etc.] contemporaneous to the times it was framed - with an eye to the future ! The fact that substance supercedes just form !
The capacity to change gives it the required flexibility & resilience to adapt to the future ! That the route to change it is not easy - ensures that it cannot be altered to suit the whims, fancies, idiosyncracies, personal preferences & interests of future governments, unless support of a large polity is garnered thru ratification by the states ! Government - For the People, Of the People, By the People !
Vanakkam thank you . very nice orator on law experience makes him so befitting to be righthood.
A heroic effort to glorify the indefensible! 👍 for that Mr. Rohinton.
Brilliant discourse. To be cherished by all students of law.
Wonderful lecture!! Eloquent and insightful.
Justice Nariman and TN Seshan are exemplary public servants. We need such people more than ever, in this modi raj.
Preparing for Adj exam from kolkata. I regularly take lessons from this Legend.
Superb knowledge session ..❤❤❤❤❤
Wish our imminent leaders will adhere to our constitution instead o mulling of changing it
Dr Ambekar was a brilliant man.we have fools wanting to amending it.
God Osho of legal fraternity Justice Nariman at his best. 🙏🏻
Excellent and mesmerizing
Thanks to the most respectable sir...
So beautifully explained !
profound and worth hearing many times
While this Talk by Justice Nariman may be very educative to Scholars of Law; it is extremely enlightening to thinking ordinary Citizens.
This becomes important, living as we are in an 'Age of Experimentation' which may lead to varied results.
If they ever make a biopic on Justice Nariman, I'm sure it'll be Boman Irani playing J. Nariman.
He is an epitome of knowledge 🙌💀
Great Presentation 💐🙏
Waah judge saab maza aa gaya👏👏
Dhanyavad Sir Ji ❤❤🙏🏻🙏🏻🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏❤❤❤❤❤
Wonderful and nice to listen
भारतीय न्यायलयमा लाग्ने सम्पूर्ण खर्च भारतीय ले व्यहोर्नुपर्छ, न्यायलय को निर्णय भारतीय भाषा ननिक्लदा न्यायलय लेनै अन्याय गरेको महसुस भइरहेको छ।
sir you are a true polymath
Great speech!
How we miss YOUR HONOUR in the SUPREME COURT OF INDIA. 🎉🎉🎉🙏🙏🙏
Bumped upon this video.. Which I think was of no importance to my priorities but still your eloquence kept me glued till the last..
UNIQUE ORATION.JAI HIND
Every Constitution has a basic structure.
Thank God we are gifted with a human heart Judge perhaps As Lord DENNING
I am proud to say that Judiciary system from British dynasty to Indian republic constitutional law brought so many lawers & judges both are equality in maintain the real judgement to public concerned only on merit. Later people enter the bar Association by fluke & cruke method. Doing nothing but voting to select their chairman who no wonder abide by the judgement without any solid argument.
I am a layman and am a common citizen. Your lecture was very lucid and simple to understand also provoke new thoughts. I beg your pardon but wish to say to us what matters is the basic preamble. It is our Gita. All the technical discussion harps on the letter and words in various acts. However I feel any Law should address The Pteamble and serve us. What is directed should enhance our faith in enlighten society. Argument should prelude this aspect and serve the ultimate goal of basic structure. Building constructed on basic foundation will collapse if faulty.
fortunately this speech is much informative
Diversity in our dharmic civilisation is reflected in our constitution. Contitution layers must be special breed super beings how they can remember and argue so much of diversity in law😮
Wonderful and it enlightened me.
Good speaker 🌹🌹🌹🌹🌹🌹
The court has said the basic structure is un-amendable yet, I am unable to discover any decision which uses the basic structure to strike down any state action or any contract for illegality.
Man should be in politics …………Orator par excellence ………Modi govt like Jai Shankar and Hardeep puri should appoint justice Nariman as a law minister
Excellent sir
Excellent and true Legend
TRNSPARENT COMMITMENT TO UPHOLD THE RULE OF LAW WITH THE LISTENERS IS THE HALLMARK OF JUSTICE NARIMAN SIR
If I am not mistaken the Doctrine was set by the Kerala Supreme Court in the Kesavanda case. It had become a stare decisis in most countries. Vetri South Africa 🙏🇿🇦🙏
It was set by Supreme Court of India... kerala is a state and states have high court
It originated as a civil WP against Kerala Government s orders in land acquisition case of a Hindu monastery in Kasargod, in the name of its head Kesavananda Bharati in 1970. Kerala Government was a Party to it.
@@jvgeorge1474 You are quite Correct Sir. I do have that petitioner's case. Thank you. 🙏🇿🇦🙏I love the PIL system.
What were the two reasons gor which the Constitution should remain flexible?
Just I read legal affairs nd found ur channel
great scholar...
During Modi regime, the importance of specific insertion of words "socialist" and "secular" has gained importance, which, in my opinion, Justice Nariman did not felt during Congress's regime. This was the success of Congress and Failure of Modi's Government. The capitalist government is providing ration to 80 crores of Indian population instead of lifting them out of poverty.
Very.nice lecturer
I guess rather than Basic Structure being grounded in the Constitution, we must find the Constitution as Grounded on the Basic Structure. Even if there is no preamble, no specific provisions in 368, all the principles like Democracy, Federalism, Rule of Law etc. would still ought to be read as Basic Structure.
Amazing exposition. Cannot thank the great legal mind enough.
Great flow of knowledge sir…
Thank you very much sir,
Well articulation
Plz talk about abrogation Article 370 , is it not the violation of basic structure, apart from being abrogated without following the due process of law/procedure.
Judicial Reform is a must.
The more & more, I read about the basic structure doctrine propounded by the Supreme Court of India in Keshvanand Bharati & subsequent judgments. I find myself agreeable to the principles of basic structure only to the extent of what Justice Khanna held in ADM Jabalbar Case. Rest is the device enunciated to usurp the power of Parliament i .e. the will of people, which is supreme in Democracy. Lastly, I would like to quote Abraham Lincoln's views on Democracy i .e. " Democracy is a government of the people, by the people and for the people"
Can India change the Constitution from a Parliamentary system to a Federl system and elect CM directly with a two term limit and declare their assets before and after the election? As for PM is considered, he or she should be elected based on Electoral collage? My next question is can Supreme court pass a law that States can’t borrow money on interest and give freebies? Please answer these questions! TQ!!
I don't have Lawbackround but I admired lot the lecture... Whic is excellent really erudite one.
which section of law defines founding fathers in indian law ?
Judge Nariman, your point well taken if you are able to answer these questions:
1. In a singular view of Upholding the Constitution alone can your put the country at risk of Greater Problems like disinformation by state enemies, disintegration of the country, deliberate demographic change for vested reasons and holding back very necessary measures that are needed to safe guard the country.
First address the correspondence of pending cases, that way people who are aggrieved will get rightful justice and then things will fall in place, more or less.
Why do we have so much nepotism in the highest level of Indian Judiciary?
Do you agree faster disposal of cases (having economical implications) will help economic growth of the nation?
which judge writes in judgement fundamental rights held / denied ?
Every thing in the world may be explain in favour or against,so sciciarity is the only way to solve any problem.
He looks exactly like our honourable legend of india Dr. BR AMBEDKAR
sir what is the legal consequence when the slp is dismissed with comment all points open in any other proceeding
Jai hind bharat mata ki jai ho
If the Constituti9n is a Superstructure, there must be a basic structure which should necedsarilly be at the foundation snd the vertical pillars snd horizontal columns. You tinker with any or all of them, the superstructure will crumple. So, the basic structure is scattered throughout the Constitution. As Justice Nariman concluded, we should look for the basic structures not as blind men but with eyes and mind wide open. We will find them.
Sir what is the meaning of Ratification in a simple language
UPSC aspirant
The doctrine of basic structure came from the SC but WITHOUT indicating the what and why or how of it.
Why there is cut on 7 minute ?
🙏🙏🙏🙏
Sir, Review petition has become part of the constitution but rejected. Means?
Hidayatullah sui generis is like Allah and put forth to protect their religious right. When i see intervention of Muslim and length they have gone to defend their upcoming sharia state, it blew my mind.
What our esteemed Lordships never mention in their lectures is that India is ruled by exceptions created in laws rather than core laws.
India's Constitution as it stands is the most unprincipled one from anywhere in the world.
One example being this Parsi priest's father Fali Nariman objected to Yogi Adityanath being elevated to Chief Ministership of UP on account of him being a Mahant while him being a Priest didn't come in conflict with the secular constitutional roles he held Lol