Doctrine of Basic Structure under Indian Constitution: Madras High Court Bar Association at Madurai.

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.

[@saurabhpratap9319]

Justice Nariman has a photographic memory.....he is an enigma in field of law and justice 🙏🙏

[@sakshamthareja7772]

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.

[@AshokSoodSrAdv]

tttrtttt5ttt55 TT tttttttttt t555 TT ttttttttttttt try TT tttttttt tttttttt tttttttttt

[@abhishekbhushan3250]

Can’t agree more, Thareja Sahab

[@biharilalkarwa9908]

​@@abhishekbhushan32501 k. .

[@JudeGonsaalves]

​@@AshokSoodSrAdvÀÀ❤

[@kodandaramareddy8630]

A great constitutional expert and a orator in himself

[@syednaqvi2222]

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.

[@sasikumarn5786]

But his little understanding made his retirement good riddance... Memory is a virtue in KBC... even though I do not agree with your opinion.

[@raaja.thalapathy]

Most certainly a misplaced understanding of Justice R.F. Nariman. Enlighten us why. @@sasikumarn5786

[@ramang5400]

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

[@yushpi]

Hahaha millions of pending cases and justice is safe in their hands?

[@raaja.thalapathy]

The SC has less than 70,000 cases pending@@yushpi

[@prakash6727]

Absolutely stunned by this man's brilliance. Hats off!

[@karthikeco]

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.

[@nitinmms]

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. 🙏🙏

[@Malppan95]

His physical similarity with Dr. B. R. Ambedkar is not just an accident if we know similar his intellectual caliber. Jai Hind 💪

[@tsrini68]

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.

[@Pokethuder]

Rohinton sir is always eloquent & erudite. Very few in India can match his acumen in India.

[@jmarj1038]

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.

[@bhimanagoudarpatil7357]

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.

[@dnromeoalphayankee13]

All that you can't leave behind...Remembering the Album by U2. Justice Nariman, brilliant as usual 😇

[@radhakrishnamuli3356]

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...

[@madhusudanreddy4414]

What a beautiful thought provoking lecture! Really impressive. I recollect the saying ' kingdom of thought is a proud aristocracy '

[@shekhartalashilkar7063]

Justice R.F.Nariman is Always Excellent And Greatest Great personality. Thank you very much Sir.

[@rameshgaikwad2995]

Thank you very much, Sir for elaborative, clear and comprehensible speech. You are Legend.

[@anilcare]

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..

[@rajathangarajaaero2752]

We are looking for more videos from you.. outstanding legal expert in history.

[@avprem]

Excellent lecture even a layman like me can understand and thank you sir, your explanation on preamble and basic structure brilliant, must watch...

[@kashmiri318]

Great salute to Justice Khalifullah, honest, upright and great judge,

[@harshasthana4004]

Always a great pleasure to listen to Justice Nariman

[@ravindraankam8086]

Tremendous memory delivering in systematic way

[@sasikumarn5786]

A heroic effort to glorify the indefensible! 👍 for that Mr. Rohinton.

[@FollowInnerGuidance]

Gem Of Legal Fraternity...!

[@IndranilBiswas_]

Justice Nariman and TN Seshan are exemplary public servants. We need such people more than ever, in this modi raj.

[@subbarajuvegesina5143]

His Excellence Justice Nariman interpretation had been made on Constitution basic structure tremendous changes will be made judicial knowledge.

[@subbaramjayaram6862]

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

[@elamvaluthis7268]

Vanakkam thank you . very nice orator on law experience makes him so befitting to be righthood.

[@sunilkirby7860]

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. ,

[@josephkj4535]

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.

[@kalamindia459]

Thanks to the most respectable sir...

[@kirankamate9719]

Wonderful lecture!! Eloquent and insightful.

[@ForeverTensed]

If they ever make a biopic on Justice Nariman, I'm sure it'll be Boman Irani playing J. Nariman.

[@Dei_Kei]

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 !

[@SanjaySharma-yz4jz]

क्या गजब की मेमोरी है वकील साहब की वाह वकील साहब, धन्यवाद 🙏🙏 इसे हिंदी र्टान्सलेटमें सुनने की इच्छा हो रही थी

[@devidast1123]

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.

[@Abhishek.2635]

God Osho of legal fraternity Justice Nariman at his best. 🙏🏻

[@anmolsharma9220]

profound and worth hearing many times

[@lakshminarayananb5655]

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.

[@devidast1123]

Every Constitution has a basic structure.

[@keyachatterjee5625]

sir you are a true polymath

[@chandankumar-lv7jc]

He is an epitome of knowledge 🙌💀

[@vishnugautam4882]

भारतीय न्यायलयमा लाग्ने सम्पूर्ण खर्च भारतीय ले व्यहोर्नुपर्छ, न्यायलय को निर्णय भारतीय भाषा ननिक्लदा न्यायलय लेनै अन्याय गरेको महसुस भइरहेको छ।

[@pradeepchakraverti]

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.

[@sanjaypriyadarshi]

Superb knowledge session ..❤❤❤❤❤

[@NidhiSingh-el4jn]

What were the two reasons gor which the Constitution should remain flexible?

[@mallikarjunangadi4246]

So beautifully explained !

[@AshwinMaloo79]

Dhanyavad Sir Ji ❤❤🙏🏻🙏🏻🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏❤❤❤❤❤

[@kashmiri318]

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.

[@pbghosh5305]

How we miss YOUR HONOUR in the SUPREME COURT OF INDIA. 🎉🎉🎉🙏🙏🙏

[@prashantkumarsikandar5176]

Bumped upon this video.. Which I think was of no importance to my priorities but still your eloquence kept me glued till the last..

[@waltervetri2476]

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 🙏🇿🇦🙏

[@bakuleshdalal1280]

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.

[@prakasarao8901]

Wonderful and nice to listen

[@archnamehta5109]

Just I read legal affairs nd found ur channel

[@saratchandraprayaga6930]

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😮

[@rahultelange6748]

UPSC aspirant

[@udaikhanna5380]

Great speech!

[@HafsaMohammed-fq8jw]

fortunately this speech is much informative

[@rajivmagavi5582]

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?

[@harirajmr]

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.

[@AbinashBora329]

He looks exactly like our honourable legend of india Dr. BR AMBEDKAR

[@bibhutikrishna4534]

Sir I had the chance to meet you in a Senior Adv. chamber, where I was an intern. I wanted to ask you this, how can I enhance my legal knowledge and be this enigmatic. As a beginner in this great field, what should be my modus operandi in order to become a great student of law for life.

[@neerajpandey2349]

sir what is the legal consequence when the slp is dismissed with comment all points open in any other proceeding

[@TV9media3030]

Wonderful and it enlightened me.

[@sanjibchakraborty3904]

Every thing in the world may be explain in favour or against,so sciciarity is the only way to solve any problem.

[@abhishu23]

its like wisdom is flowing to all direction, huge respect for you sir. you are an institution sir.

[@gaur007]

Jai hind bharat mata ki jai ho

[@kumarajitsingh6077]

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"

[@iiigraghu]

Great Presentation 💐🙏

[@gunduraonarasimhamurthy7174]

Judicial Reform is a must.

[@indiaconstitutionreview6887]

1)What is essential basic structure of constitution ? 2) What is essential basic structure of British colonialism? 3) What is structure used in keshvanand Bharti case for verdict.? Whether structures of colonialism or Constitution of India. 4) What is different between basic structures of constitution of India in 1950 and essential basic structures of British colonialism. 5), what is essential basic structures of constitution? 6), what is essential basic structures of British colonial legislation.

[@viceprincipalcmepune7892]

Excellent and true Legend

[@nationfirst6817]

सुप्रीम कोर्ट सामान्य आदमी के पहुंच से बाहर है, कानून सरल, स्थानीय भाषा में हो, कोलेजियम खत्म हो।भाई भतीजावाद खत्म हो।

[@Gopal1939]

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.

[@Mirage1deluded]

Well articulation

[@krishnamohandravida4791]

Sir, Review petition has become part of the constitution but rejected. Means?

[@pandurangbelhe7132]

Very.nice lecturer

[@kannanindia6197]

I don't have Lawbackround but I admired lot the lecture... Whic is excellent really erudite one.

[@AklavyaAnand]

great scholar...

[@nooriamina7043]

Sir what is the meaning of Ratification in a simple language

[@tonyclint4585]

Why there is cut on 7 minute ?

[@kailashnathpatnaik3693]

Now you have keep pace and follow the latest amendments of the constitution made by the House of People. No individual or the Judiciary is autolised to make laws. It is the law makers in the House of people that legislate. Forget about British slavery now.

[@mohdabas384]

Excellent sir

[@vprakash2433]

Supreme Court striking down the NJAC which was basically a procedure for appointment of judges in higher courts, on the basic structure doctrine was wrong. A procedure cannot be part of basic structure. Independence of judiciary is not ensured only by appointment of judges by 5 senior judges in an opaque manner.

[@rajbalamsharma3300]

हसने के बदले दुख प्रकट करे जनता के अधिकार हनन Stop debates misleading people exciting disaffection disloyality to sovereignty of India. Democratic laws are outcome of deliberations of actions and reactions of opinions of delegates prudent intellectual and senior citizens of d😊emocratic qualities of almost all castes and religions by collective wisdom supposed to be so just acceptable to people for package of reform to carry out the wishes of people because the factors on which the workings of those organs of state depend are people and political parties representing parliament they will set up as their instruments like legislature executive and judiciary to overcome lapses and irregularities arising from collegium system derived from British colonialism temporarily incorporated in article 50 without explicitly defined as essential basic structure of constitution deluted preamble of constitution imposing practice for domination over sovereignty of democratic sovereign welfare government of India. rites and custom design and basic structures

[@simadas6084]

Respected my Lord, please explain in criminal law also, it will help me

[@nikusingh191]

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.

[@utpal103]

Save democracy

[@manoharnaidu3075]

Good speaker 🌹🌹🌹🌹🌹🌹

[@krishnanveerasamy8801]

❤

[@yushpi]

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.

[@yushpi]

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

[@GSbyPankajchoudharysir]

🙏🙏🙏🙏

[@adikesavans6852]

A great lecture indeed. Very incisive and insightful. But “socialist” (introduced in the preamble by an amendment) is not answered by the social justice clause alone. I remember Dr Ambedkar having referred to this word in the debates during the Constituent Assembly and stating “ we shall not include this in the preamble;because even though “socialist” form of government is a requirement now, it may outlive its utility in future and let Parliament/people decide about forms of governance”. In other words, socialist does not allude merely to social justice alone. On the other hand, it has more resonance in matters economical. This point does not detract from my view that the Emergency era amendment was unnecessary.

[@maheshseth751]

US’s constitution amendment process is not very workable with its 3/4th state ratification. The countries divide is getting more because of this unworkable amendment process.

[@rajbalamsharma3300]

केशवाननद भारती निर्णय ब्रिटिश कोलोनियल सिस्टम पर आधारित है लोकतान्त्रिक सौभरेन गणराज्य भारत पर आक्रमण। मोदी सरकार सम्विधान से ब्रिटिश कोलोनियल सिस्टम केन्सिल कर लोकतान्त्रिक दिशा-निर्देश 90% जनता के सामुहिक विवेक से विचार विमर्श करने का निर्णय सही है जनता के सलाह सर्वोच्च है 10% जज वकील पत्रकार रिटायर्ड जज unnecessary debates rebellious debates misleading people to disaffection disloyality to sovereignty of India. सम्विधान दिशा-निर्देशक लोकतंत्र का रक्षक है 1950 मे ब्रिटिश कोलोनियल सिस्टम जुल्म शोषण भ्रष्टाचार का सौदागर करोड केस backlog 17-18 लाख लोग विचाराधीन खुलासा दिनांक दिनांक 10,07,2017 in PIL N0 224 0f 2017beyond understanding of Supreme Court.

[@ramakrishnarouthu6634]

Sampath Kumar 1986 went against the Basic Structure Doctrine.

[@indiaconstitutionreview6887]

Frequently by Judicial Independent overreach the order dated 10.07.2017 in PIL NO.224 OF 2017 beyond interpretation capabilities of Ex chief Justice Jagdish singh khehar LLM gold Medalist and Justice Dy.Chandra chur LLM now chief Justice imposed costs of Rs one lakh upon petitioner condemned frivolous observation 160 pages petition beyond interpretation capabilities. Was this order on principles of preamble of constitution or British colonialism judiciary infrastructure ?

[@nishantintouch]

Basic structure has nowhere been mentioned in the constitution. Neither it appeared in ANY of the constituent assembly debates. Even the supreme court agreed to this in the 50s that giving unlimited authority to the court over any legislation passed by any type of majority by parliament or state legislatures or combined would lead to a tyranny of the unelected as was visible in NJAC Bill of 2015, passed by special majority u/a 368 and ratified by more than half of states was crushed down by SC calling it an affront on judiciary, and many other such instances post April 24, 1973. The only argument that defenders of basic structure give is that infringes upon the freedom of judiciary and that judges are more intelligent that public reps in parliament or state or local bodies, whatever wherever. If we take this argument to its logical conclusion then all the legislation is then being decided by a few judges only as to what can be passed and what not. This leaves our judges prone to corruption and pliable to bend under pressure from either outside forces or those operating from within. Now if we were to take this problem or expose such cases in public it does two things : 1. It belittles the institution of judiciary before public and worse, questions the trust general public bestows on it. 2. The opposition parties would turn this on the ruling party instead blaming that the latter is interfering in the judiciary bcos it is afraid of it and maybe wants favourable judgements and hence is threatening the judges with an oversight. However, in both the cases the main issue gets left unaddressed which is of making the judiciary corruption free, efficient w.r.t timebound adjudication of disputes and to ensure that top judges are not working an agenda under the guise of being 'neutral" and independent. Because if that is not done so then intelligence agencies like KGB, CIA, ISI, Chinese intelligence etc could very well compromise our judges either by hook or by crook and effect the quality and substance of judgements. Judiciary doesn't want legislative oversight ? Alright. Leave it. But then it should suggest a way on its own to address the above mentioned deep rooted problems. Asap. All these lectures and lunch parties account for nothing if the general public is losing everything in their pursuit of timebound justice which, as a right, is as fundamental as the court's right to not to be interfered in any way by anybody else. The judiciary exists to serve people not to entertain the bar councils and ex-judges

[@prahladdsharma3672]

Sir I differ with you, kesavananda judgement was the worst judgement because it implied that judiciary( courts) is final for validity of law but the citizen lost the fundamental right of property and this right of citizen was not protected by supreme court. I ( citizen)fail why my property has to be at whims of court and parliament which I have earned that why I saykesacananda is worst judgement. 7-6 judgement is not correct My view -- fundamental right cannot be taken by court/ parliament as rights given by God and not court/ parliament Who gives rights- courts/parliament/constitution or born with gods gift is key question

[@prahladdsharma3672]

Speech which does not convince me Kesavanana was the worst judgement as it could not protect fundamental rights and no relief to kesavananda