Article 370 Hearing, President Has Power, Sibal: No, I'm Sorry
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- Опубліковано 30 вер 2024
- Article 370 Hearing, President Has Power, Sibal: No, I'm Sorry #SupremeCourtIndia #LawChakra
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Kapil sibal is indirectly saying that J&K is paternal property of Sheikh Abudllah
Hv the Abdullahs kept knife behind his back? For him to argue with such commitment
@mg: if argument by Mr. Kapil is not as per your desire, you throw allegations?
@varadharajanranganathan3761
1. Abdullahs have looted kashmir for 70 years, they have a lot of money.
2. Sibal is showing all the antinationals to which extent he'll fight their cases.
@@ayush885 sir ji, i am in agreement. In case, you thought i am contesting your point of view..
Yes thats his clearcut undeclared intention. So that he can get Abdullahs Muftis back in power ti loot jnk
I am feeling sorry for interns and employees working under Sibal. 😅 He is placing constituent assembly of JK above the Parliament of India. 🤦♂️😄
Yes, it is correct.. Any constituent assembly is supreme......be it constituent assembly which had formed the Constitution of india and the constituent assembly which had formed Constitution of j&k... What r u saying?? 🤔🤔 r u even serious!!!!
@@joydas377: Sir, in that case, please enlighten me that all future generations, who are brought up in completely different conditions, having different aspirations are condemned to abide by the decisions of their ancestors !! It is outrageous. Constitution is for the people and not the otherway. If majority people don't like the constitution, they have every right to discard! Or else political borders of countries will be redrawn .
@@joydas377 if it exist , once it created 370 it cease to exist , educate yourself , come out of your safe space , see the world
LAWS arent black and white
@@joydas377 India have a federal system with a strong centre. right ???
@@HasdaRocks yes..india is a quasi federal system.. True federal system is in USA..
Yahi lawyer tha Jo Ram mandir ke against tha
Acha thanks to him hindus won
Ha
This k sibal is allegedly a traitors gangs!? 😮
They r all khangressi party
Why based personal accusations? He is only representing his client.
so are u ok to be called traitor by people who don't agree with u?
@@ht5389 you pl see his perverted argument! He is seeking referendum on jk before abrogation! What sort of argument is this!? Do you accept this as reasonable argument!? What absurd he is!? Difference of opinion are there in democracy but not absurd /malicious argument?! He has taken oath as RS from SP party!? Can he demand such a referendum contrary to Constitution!? What else you call him I know what is difference of opinion and what is treason.He had committed contempt of SC also by making defamatory remarks when judgement goes against him!?what sort of a human being he is?but escaped jail somehow? If anybody denigrates nation /country, such fellow is traitor!? (If you defame nation and Constitution, definitely people would call you traitor also? )
@@ht5389 Why ? Indian Tax payers money billions of dollars should be wasted on corrupt politicians of J & K.
of Jknc & Hurriyat
where they use money for their own purpose not for development of kashmir
& generating no money
They r taking money from indian state for past 70 years
& says they want remain independent & want article 370
I feel like Sibal is been funded heavily to win this case...
And as Sibal is getting instinct of loosing this case, he is getting crazy about returning the funds he had got to win this case.
In craziness he forgot that he is a advocate, not CJI....
He knows as a joker, he is fooling around the SC judges and he is also being paid for it! A shame to the judicial fraternity.
@@vijaisastry5159yes bro he didn't care about the countries interest.. but just his fees
The CJI should have first of all thrown out this case in the first Instance. All this natak is for Kapil Sibal to make crores. He is openly denouncing India and the constitution .
😂😂😂
SC is real goat not parliament 😂😂
The public must know amount of fees recd by K Sibbal even after he.looses this case.
Another fellow Gopal subramanyam is another tukde gang member!!
Democracy ke andar dekhane padte hai ki we tried all important issues and that wer are indeed democracy .
Article 370 is under the Indian Constitution.The President hereby has the power to abrogate it.
By ranting on judges he think he can get away 😂😂
It is not necessary for the Bench to argue with Sibal too long who resorts to adamantcy on each point...just saying my way or no way..!
First of all I congratulate the new law for the lawyer to declare their assets. They escape the IT in the name of professional fee.....kapil is just playing with the ghost of constituent assembly. One the constition is formed the parliament is paramount and hv right to make amendment following the clauses of constitution. Kapil thought he can placate Chandrachur but now finding difficult to sale his idea and that is why he gets irritated. When the life is not permanent how comes 370 is permanent. No body will hv courage to reverse the decision so easily.......
Gopal subramaniam has put given a detailed insight to the article 370 and how it became a part of the constitution gave an in depth sight.
Kapil sibal was only annoying and up to certain extent and was not convincing.
But Gopal subramaniam One was strong enough which has again put forward.
A historical and structural background
Exactly. It was altered to accommodate JK in India not vice versa.
3:08 the guy in the back is legend.He is that guy who thinks teacher is wrong and excited to show teacher's mistake and gets zero marks in final exam....
😂😂😂 I am observing that guy since the beginning and i laugh at him when does that background support
Hi is acting like a jocker
😂😂😂😂😂😂😂😂
he argues very impeccably.
@@LawChakrawho?
Suckheel Pebble?
ROFL
Kapil Sibal appears like a Pakistani agent enjoying everything in India. True Indian will never question the abrogation of 370. All except Kapil Sibal are proud of Kashmir being a part of India. He always works for anti India forces.
Bhai tu kyun itna excited ho raha hain Aa naa kashmif bus idhar Kyun faltu main khali bili ban raha hain
@@268vikas😂😂😂😂to pak chale jana
Itna hi kashmir bura lag raha hai to
@@268vikasin this nation
One nation one constitution hi rahega
India is unfortunate to have people like Kapil Sibal, Hameed Ansari etc.. even his matter is political..people very well know who he serves
Well his father was born in Lahore and his family came to India during partition. Maybe Kapil still loves that country
Are the judges trying to convince Kapil or Kapil tutoring the panel.
Trying to keep indian constitution alive
That's the procedure of courtroom.Judges cross question the lawyers.
How #KapilSibal has got away with constantly interrupting the #SupremeCourt judges. Any other lawyer doing that would be reprimanded at the least!
They are afraid of this traitor. He has support of terrorists with him.
That is how it is in every court. Senior lawyers get away with all this while juniors are treated as kids
President is powerful to do it.
Present president ka kuchvaata pata nhi hai kaha hai kya karahe hai kuch maalum nhi
@@ismail3901she is not a madrasachaap like you to not know about anything…. She was a government school teacher… where she teached maths, geography, Hindi and Odia
@@ismail3901 that's why he call you madarsaachap . and you showed him about your abilities
Do u even know who is Mrs. President & whats her power ???? Kuch bhi bolne chale aate ho... isiliye kehte hain education is important
@@ismail3901😂😂😂bum bandh ke fat jata kya
Sibal should go to the same place where his best friend Papu goes to remove stress.
😂😂😂
@CosmicMind.With happy ending
@@rrathankumar7070😂
No law is permanent. Nothing is permanent in this world. This is natural law. All laws come under this only.
Can you abrogate the right to life and liberty.
@@amitroy7167 That's why Basic Structure Doctrine was made which cannot be touched.
But every other law, yes it can be amended by Prez of India.
@YoungBengalOrg in general bro ... I mean to say for common citizens of India... so every law will not be removed 🤫
@@amitroy7167 that is not law. these are rights and foundations.
But other laws cab be changed easily by the parliament.
@@amitroy7167 sad reality is you can.
Sibal logic : only constituent assembly of J&K could modify or remove article 370. Since it got dissolved without terminating 370, the article 370 became permanent.
Ok so by that logic, if some old rich man dies without any children and without any will....
No one can touch his property forever ???
Govt still will take over that property in public interest.
Any law can't be permanent.
He was correct.. That's why central government amended the interpretation of article 367 and convert constituent assembly as legislative Assembly. Then center got rid of clause 3 of 370... Center knew that very well that without amending 367. President can't abolish 370.. That's what sibbal said. Which is true..
Central government could have taken over j&k like junagadh or nizam.. Instead, they have abrogated 370 in a faulty Constitutional process.
@@joydas377I think federalism is one of the the worst thought in indian constitution
@@vamsivikasbuddha123 that was modi who has been raising voice in favor of federalism since emergency.. Please speak to the ruling party of our nation about that. Btw by your logic, emergency of 1975 was also right!! Am I correct???? 🤔🤔🤔
@@joydas377 that is because government took most gentle way to scrap it. Since legislative assembly is successor to constituent assembly, the govt took that loophole path in the process.
Although what I said that Sibbal is arguing that 370 is permanent.
Which can't be digested. Even supreme court is not digesting that a law which is discriminatory especially to the women, can't be changed ever. WTH.
Our constituent assembly also approved our constitution, but it can be amended. Because nothing can be permanent.
It's worst argument that since constituent assembly doesn't exist, the law becomes permanent.
To decide whether the 370 is permanent or not, we need constituent assembly, which got dissolved without saying anything on the matter.
It didn't say that article 370 is permanent.
But the article itself says that it's "temporary." And constituent assembly didn't change this term.
Now since the constituent assembly no longer exists, the obvious conclusion will be "that the article is temporary." Not what sibbal said that it became permanent. It's just an interpretation.
Now since the article is temporary, it has to go, and who will decide the fate of it, obviously president and the parliament. Especially in the case when no party has majority in the assembly of the state.
That's what court is saying, that the decision can be morally wrong, a cunning attempt. But it's legal.
If someone can interpret constituent assembly's absence as the permanency of 370.
Someone can also interpret absence of constituent assembly as the termination of 370 on the same day when assembly got dissolved.
Because the assembly was regulator of the act, when there is no regulator , will it's regulations be permanent or terminated. ??
This hearing is like ...5 adults trying to explain a unruly defiant child one bye one and he is not ready to listen. As the adults are relative from mother's side they can't sought or slap the kid😂😂😂
It was Nehru's blunder which has created all the problem be it article 370 or UN membership . He was more interested to prove himself as person of international stature to please west and off course reasons known to all of us.
He was fond of everything English ...it may be women's it may be cloth or it may be way of thinking..in all he was slave
Senceless argument by layer sir saying no power to parlament ,sir may argue that pak and U.N.A permission required
When there is no assembly.. It's the governor.
No constitution assembly
So state assembly
No state assembly
So president rule
No state assembly so governor assumes constituent assembly>state assembly and recommends president
Gajab inception level architecture
@@n______n26if you have guts , then bring it back . If not , then go cry with your mum
President can,with the approval of the Parliament,change any articles or the whole of the Constitution of India,if necessary,that is,if the nation deserves so.
I disagree... And you wrote the approval of the Parliament as a very short sentence... It is an extended process...
Whole of the constitution doesn’t mean that the Basic Structure of the Constitution gets jeopardised.
So, yes whole of the constitution can be amended within the boundaries of the basic structure.
Which means, you can alter the walls of the building, but you can’t alter any foundations, columns or roof of the Structure.
@@sasrnsas This new nationalistic psyche has ruined the mental capacity of our citizens such that they are passing half baked statements just to satisfy their personal aspiration.... This is detrimental to the progress of our nation as free thinking...
This is not a Banana Republic dear.
Incorrect.
This gentleman senior Lawyer is wasting the Hon Supreme Court's time.
Sai Deepak's counter to Sibal will be an interesting moment.
2:38 Sibbal(Congress) just wants the 370 back. I am not sure why they want back? All I see is India has benefited by abrogating article 370
They want it back because they think it will sharpen their votebank politics because they think that by facilitating Kashmir as fiefdom of islamists, they will make all the islam followers happy across the globe which includes Muslim voters in India and Pakistanis in Pakistan.
It's not what all of India wants. It's what people of J& K want.
@@ht5389 Why ? Indian Tax payers money billions of dollars should be wasted on corrupt politicians of J & K.
of Jknc & Hurriyat
where they use money for their own purpose not for development of kashmir
& generating no money
They r taking money from indian state for past 70 years
& says they want remain independent & want article 370
@@ht5389j and k wants to be emerged with india
Only the abdullahs and Muftis with scamgress wants 370........how else can you scam the nation
Now Sibal will appeal for india partition. He is wasting time of judiciary and no other job 😂
From just CJI reactions and facial expressions on Sibal arguments, I can easily infer as to what will be the judgement of the Supreme Court. 😊
A proviso is a condition. That stipulates that as long as C. A is alive, its recommendation was necessary. But when it is dead, question of its concurrence does not arise at all.
Yes that us common sense which k sibal gopal subramanyam and their gangs lack 😮!?
Saibal is money minded, but Haris salway is a good lawyer.
Finally after such a long discussion - Justice Chandra Chud - Clearly says - Parliament has power to amend , Morality can be questioned .... !! even the Prez has the powers !!! Only point was this article was brought into effect without normal procedure ... so arguing on its removal is pure time waste ... May be the Judge knew this already - they dragged and now - Revealing the Facts
It's argument
Judges will question the plaints saying govt has power
Then when govt defends, judges question them where's the power
Then they draw conclusion
The hearings in the supreme court is basically being held to pass time as one lawyer is simply minting money by arguing on a list case.
Kapil is doing a good job at making sure 370 will be history.
Tumse ma ho paega sibbal😂
That chutiyaa won’t stop trying though 😅😅
judges are scratching their head and bumping their head on Sibal's argument.
Many people here are assuming authoritative positions, without anyone expertise on this matter. Even people who have not yet to come out of mother’s womb are behaving like they are expert in law and advocacy. This tendency to assert knowledge is particularly evident when discussing topics such as Article 370 and the historical context surrounding Jammu and Kashmir's accession to India. However, it's important to note that a thorough understanding of the historical background is essential for a comprehensive perspective.
It's not uncommon for emotionally charged comments to lack the depth of understanding that comes from a well-informed viewpoint, whereas those who possess a deeper grasp of the facts tend to articulate their thoughts more objectively.
Moreover, for those who exclusively attribute the situation to Jawaharlal Nehru, it's critical to recognize that his acceptance of the Maharaja's terms played a pivotal role. Without this accord, Jammu and Kashmir's trajectory might have led to the establishment of an independent nation.
Anticipating that some individuals will respond to this discourse without fully delving into the factual underpinnings-instead allowing their emotions to guide their reactions-it is my stance to approach such responses with a measure of detachment, extending empathy to their perspective limitations.
Lawers become political leaders argument on political basis
I like looking at jokers behind Sibal 😂😂
It's really a joke hearing from the lawyer ..looks like he trying to dominate SC bench
Talking over judge is most unethical practice. These panel of judge is being very patient with Sibal may be due to is seniority by age.
Judges are fed up with Kapil sibbal.
At the end of the day you will see the arguments of Sibal in the lines of "Arey bhaiya mere muh se nikal gyi......meri jubaan kat jaay" 😂😂😂
I think first sibbal has to tell judges what does he want? I guess he himself doesn't know what does he want😂😂
Has Sibbal read article 368
Sir,
370 is a permanent document !
It is the accession that is temporary and is subject to the conditions of 370 ! So all these discussions are subject to the existence of 370 ! If there is no 370 , there is no accession & then JK is not integrated in India , and hence no other article is applicable ! Temporary means accession is temporary subject to the conditions of 370 ! And so 370 is permanent !
Abolishing of 370 nullifies the accession & the then times Princely State will go back in as such condition (as Separate Identity) !
Sometimes president is powerful than parliament too.
President has special power which is even written in 35a ;
370 gives special powers to Governor but governor is a representative of the president
So it is president who is rulling the UT there
First Governor rule was imposed then after months president rule is proclaimed in j&k so it is appropriate with constitutional terms and powers .
Mr sibal is just proving false info right.
Who appointed these judges. Are they even qualified for this post? They can't even frame sentences properly 😞
Anxious to see the end of this. GOD, please defeat Mr. Sibal!!
Sibal was mostly telling the court what he's thinking would had happened at that time of framing the law.
सालों से case pending पड़े है,उनको सुनने का समय नहीं है,ये फर्जी cases को सुनने का समय है कोर्ट को
लेकिन भाई ये केस 3 साल बाद लिया है सुप्रीम कोर्ट ने, 😂
@@Nitin-vy7dl Case file ही 3 साल बाद किया है सिब्बल जैसे गद्दारों ने
@@Nitin-vy7dl aur 10 saal baad lete jaise ...dusre cases ko lete hai aaram se ... konsa gali ka kutta mare Jaa raha tha ..
As long as the questioning of the Constitution of India continues, the fragmentation of India will continue.
Kapil Sonal is so irritating and an Anti National.
Point 1: Maharaja of JK joins the Union of India (UOI).
Point 2: UOI parliament gives the constituent assembly of JK a temporary time to decide if they want to a) join Pakistan b) join India c) remain independent. I guess that constituent parliament of JK couldn't implement that decision for many years.
Point 3: Considering the failed state of constituent assembly of JK, parliament of India removes that temporary provision
That's it. Not sure why KS so immotional about it.
Why is the SC allowing itself to entertain the "the going in circles" futile arguments of Kapil Sibal. Do the judges not want to understand in plain language the intent of the meaning of the word "temporary". Or are they so intimidated by Sibal that they allow him to continue to argue ad infinitum against what was not intended. Is the SC gone MAD that they are persuaded with the utter rubbish from Sibal that "temporary" means "permanent".
A370 is scrapped why the heck are they arguing in SC ? There are millions if cases pending in SC it’s about time the judges look into it and do sone real work for a change, stupid Sibal should hang up his boots and retire he is wasting SC time😡
Bhai sibal ruk ja ....I am from Jammu and #dontwant370back
Whatever the conclusion comes, but love the way how these intellectual & educated people arguing unlike the illiterate politicians in the parliament. They are abusing one another in the parliament like two woman fighting for water and our beloved PM is also a part of that illiteracy.
370 is the only case that is important and need day to day hearing.........all other pending cases are not so important? Is it because Congress-ISI-China funding this case.?
What is SIBAL DEFENDING & WHY...he has gone completely NUTS.
Dastardly act of Nehru-Abdulla jugalbandi haunting Hindustan.
बेशर्म ख़रीदा हुआ जामुरा सिंबल , लगता पाक़िस्तान का ग़ुलाम है
हटाओ मोदी को गलत आदमी बैठ गया हैसत्तामें सब कुछ बरबाद हो जायेगा
इस कपिल सिब्बल का इलाज जरूरी है
👽👽💣💣💣
Sibal is correct here. Amending a constitution vs abrogation is two different things. Amending the constitution needs 2/3rd majority
Lol
Amendment/raising of act yes, here laws (sections) under act are rendered useless,370 still exists in edited form on the constitution
Not all amendments require 2/3rd majority, first of all. And 370 still exists and this article itself provided a way for the President to issue a notification regarding it.
@@Vigyanology please elaborate
Why are Supreme Court judges behaving like a school kids and Kapil Sibal like a head Master? Are the judges afraid of Sibal?
Firstly, Article 370 was provided in Indian constitution (not in J&K constitution) so Indian Parliament can grant it or remove it any time, without any reference to J&K constituent assembly. If Parliament can limit its own powers, then Parliament can expand its powers too.
Further, As per 370, it could be modified only with reference to constituent assembly, but this is a right provided by Indian Constitution to J&K that can be withdrawn by amending 370 itself. Thus what 370 provides for becomes redundant.
Example: You are given right to spend X amount annually. You don’t need approval from granting authority. This right to spend can be withdrawn at a later stage, then not needing to get approval is meaningless.
The above can’t be questioned,because Indian parliament sovereign powers to enact and amend laws is not even debatable.
BUT Government did not use the above method to remove 370. It used the method suggested within 370 itself, so Sibbal gets opportunity to argue that as constituent assembly exists no more, it can’t be changed.
Here is the catch, when 370 was enacted J&K government was Maharaja, who is mentioned in 370, whose consent would have been needed.
Maharaja’s authority passed to J&K constituent assembly. If Maharaja’s authority can pass to constituent assembly, then constituent assembly’s authority passes to J&K assembly and then to governor. Sibbel can’t arbitrarily claim that this chain of transfer of authority ended after constituent assembly ended. It’s just an argument of convenience not law.
Even if hypothetically Constituent Assembly was mentioned in 370, there is NO such thing as constituent assembly having no successor body. That concept would mean Indian Parliament has no power to change what Indian Constituent assembly did. That does not work for any legislative body anywhere in the world.
Sibbal is on a weak wicket, has no case, I thought more of him, he disappoints and will lose.
Why were there constituent assembly mentioned in 370 that means as per honorable court constituent assembly carry no waitage ..
Really…!????
I think.., the president also comes under the CJI.
Even an HONORABLE president gets a salary by Milord…!
President Cannot remove Art 370 but Pakistan can reimpose 370! ,!,!That is the view point of Pakistani lawyer KapppilSbbbal
Is Kapil sibal is working for Pakistan ? It is Kapil 's Congress that had not implemented CITIZENSHIP.
Raja Harising has given Kashmir.. So, take that agreement has original... Why r u we want consider this stupid argument....
Only Kapil Sibal and khangress have the power to take decisions...🙄
He is just playing with word Jugglery. Nuisance guy.
WITH THE APPROVAL OF PARLIAMENT THE PRESIDENT CAN FORM A LAW AND CAN AMEND A LAW
368 is a part of the INDIAN Constitution, fool SIBAL.
370 cannot be Higher than Indian Constitution
Perfect example of English Thopi gayi h inpe 😂😂
THIS MR KAPIL SIBAL IS STANDING ‘JAI CHAND’
Constitution has protected both ways
1. If constituent assembly wants it can raise the issue and president can enforce.
Artivle 370. 3
2. IF Parliament wants it can amend laws Article 368 .
Parliament is empowered.
No law is engraved on Stone
We have to move on with times
Kapil sibbal se jyada deshdrohi insan koi nhi hai desh me ....history dekh lo eski...ye hamesha anti india,anti hindu hi kam karta hai... 😡😡😡😡😡
Judiciary should hv dismissed this case ,judges shall not listen it,whole procedure is ………………le
Sibbal should be bannned from practicing in Suprime Court. He should be punished for making anti national statements in Suprime Court.
Think how Kapil learnt torturing style..😊
This is not about constitution. Only about Sibbal saheb. Forget 1950. Go back to Aurangzeb. He won’t allow this to happen. Lordships should keep that in mind. 😊
Pakistani pleading for 370 in J& K
He want J& K back to Dark Ages
Actually kapil sibbal is right. 370 could not have been amended without consideration of j&k assembly,
Only Congress party or TMC or DMK or AAP or SP interpret law as President has no power. The true facts were twisted by Sibbal or Singhvi
If the Hon'ble President of India has no power has Sibbal gang power to reinstate 370 ?
Don't want to apologise because feel embrass. Twisting turning won't help. Don't think you are to smart.
The ultimate power centre is or should be Kapil Sibal … like it or not … He is above every position , every institution .. office .. even the PRESIDENT OF COUNTRY becoz HE IS KAPIL SIBAL !!
Pakistani lawyer is fighting this case.....same on congress
How An sponsored advocate ,, can advocate , against the constitution of india , against indian legal system ,
He is trying to prove to lordships that he is the only guy who is interpreting the constitution correctly but the problem with him is others are also allowed to interpret, including CJI without any hangovers like what he has.He is DESPERATE TO WIN BUT SORRY! Mr.SIBBAL, NATION'S INTEREST COMES FIRST, MANY INNOCENT MEN, WOMEN AND SOLDIERS BODY BAGS HAVE BEEN FLOWN IN ZEALUM FOR 'LONG' NOW IT SHOULD BE STOPPED.!
Both kabil and all judges doing jocker show. If Nehru as pm of lndia can make law, then modiji in the same position can make new laws or amend any law.
Why is he(kapila) bent on removing 370 article,God knows how much money Abdul(F Abdullah)and Pakistan has given him.
How these full grown man are wasting there time and countyr's money.. Shame.
Too much of education….and yet they are ignorant of what article 370. 😅😅seriously what fools run the judiciary and what fools even argue with them.
CJI can remove Sibal! Wasn't 370 given by president order? therefore can't president nullify it? Please read the full details of 1954 and time leading to it!
Nehru's ulterior motives are a stress for current India, Sibbal is a part of the problem not solution...Congress should be abolished ...they are not constructive AT ALL!
This inexperienced CJI is being railroaded into submission by Sibal with his gift of gab,making CJI stumble and search for words,poor state of SC
President has full power ...keep morality aside dont waste time
No matter if it's according to law or not ultimately aborgation 370 is good for country.....
Was $ibal the one who called DYC on mobile while he was enjoying dance performance in an auditorium ? Tee$t@ $et@lv@d
Peter Pettigrew showing his colours.
Judges have no clue at all how to reply to this lawyer... It seems they have already decided and drafted the judgement... Look at them swallowing their own words