SC-CJI No Power to Order Parliament, Rajy Sabha MP Stuns Parliam

SC-CJI No Power to Order Parliament #lawchakra #supremecourt #analysis
Visit Our Website:- lawchakra.in/
Patna High Court Karnataka High Court Live Stream.
#Patnahighcourt #SupremeCourtofIndia #Supremecourt
Courtesy :- Supreme Court of India
Books on Constitution:- amzn.to/3rqFpbh
Tools Used for editing:- amzn.to/3EelR1r
For business Enquiries:- [e-mail]
#SupremeCourt#Mussorrie #advocate #lawyer #legal #livehighcourt #indianlaw #law #live #court #argument #criminaljustice #guiltyminds #learnadvocacy #courtlive #justicelive #lawmotivation #beajudge #ias #judge #law #legal #patnahighcourt #justiceashutoshkumar #judiciary #motivation #learnlaw #IAS #supremecourtofindia #IPS #2022 #Patnahighcourtstream #orissahighcourt #SupremeCourt #Orissahighcourt#GujaratHighCourt
#Law #Chakra#JusticeAshutoshkumar
*This Video is strictly for Legal Awareness & Education Purpose only.📚
🙏 Follow us on twitter, Instagram and facebook.
@Lawchakra
👉Twitter
/ lawchakra
👉 Instagram.
/ lawchakras
📑*Fair Use Policy -*
Copyright Disclaimer under Section 107 of the copyright act 1976, allowance is made for fair use for purposes such as criticism, comment, news reporting, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favour of fair use.

[@maggiej9406]

Bjp frightened of cji no courage to face our chief judge they ve become maharajas of parliament shameless govt

[@roshanlal1740]

Dear, Parliament with brute majority as the case is, can make laws against the interest of general public, if judicial review power is not there, what recourse public has?

[@SAURABHKUMAR-nd6sq]

Brute majority comes with people's mandate which is supreme

[@karbiguy9972]

​@@SAURABHKUMAR-nd6sqmajority doesn't mean they can pass any law

[@swarupkumardas5174]

We are under constitution- every thing follows constitution

[@Mr011796]

Mr Patra is advocating for the supremacy over the judiciary which is not correct as judiciary functions are to safe guard the main structure of the constitution and maintain.

[@safalghosh]

In my views, the Supreme Court has the power to strike down any law passed by the parliament, since judgement is given on the basis of laws enacted by the parliament itself. If the Supreme Court is striped of the power then any undemocratic law can be passed which will transform the constitution into a fascist one. The parliament may pass a law to the effect that there should be no election and the BJP will rule the country for indefinite period. This law, though illogical and autocratic, may get passed in the parliament since the law in enacted on the basis of minority majority not on the basis of correctness and incorrectness.

[@lourencodafatimasouza1479]

Power is not given by people but constitution represents all people existing and will be yet to be born

[@maniram8660]

Constitution is supreme law of land.Any law enacted by Parliament/state legislatures against the provisions of Constitution may be declared by Supreme Court as un Constitutional.

[@SAURABHKUMAR-nd6sq]

We follow constitution due to democracy. Democracy is for, by & of the people.

[@FinancialFriend_mmb]

Those law which is violating the constitution that is only declared unconstitutional by Supreme court not other law

[@sonukrishnanrs5527]

No, Elected Parliament is Supreme to than that of Supreme Court and sometimes Constitution itself..Parliament is always be the will of the people,and elected and accountable.. Judiciary is neither elected nor accountable... Judges appoint by themselves having no right to say like this.. Who will the check the judgments pronounced by the Judiciary is within the constitution or not?...Sampit Patra is absolutely right he knows the role of Judiciary and Legislature as per democracy and the constitution, role of judiciary is to simply interpret the laws enacted by the legislature....

[@Aditya-tr4js]

​@@sonukrishnanrs5527you have a zero knowledge about constitution and judiciary but still spitting here.... Judiciary is not just to interpret laws... It works as the guardian of the constitution and fundamental rights of the people.... You will directly run to the courts if your fundamental right is encroached upon but you will realise the value of judiciary till it actually happens with you... Democracy has its own pros and cons... It is for the people but democracy can easily change into dictatorship if excessive power is vested upon any of the institution whether it is parliament, government or executive.... That's why with democracy comes judiciary whose role is to protect the democracy from being converted into dictatorship.... Our forefathers were aware of the fact that the coming governments will definitely try to do this because with more power comes more greed for more power that's why the constituent assembly vested supreme court and judiciary with these wide ranging powers.... The MP is totally talking shit here... He mainly wants to say that judicial review should be abolished but if it is so then it will take no time for the government to declare modi as the next hitler and the country as next nazi Germany... So please don't underestimate any institution od democracy..... And get your facts checked and corrected.....

[@umeshsawatkar8104]

Suprime, Court is always superior as per fundamental rights of Constitution of India in view of social responsibility Justice, Library, Equility Fatarnality, Sovirnity laid down in the preambal in the constitution of India,

[@Johnybravo800]

No one but constitution is supreme in our country.our system has elements of checks and balances to sustain the democracy in country. He should stop defaming judiciary as it is the duty of courts to protect fundamental rights of citizens of this country

[@elizabethrodrigues2100]

Judiciary is legal form of defense protection and disciplinary also.

[@atmoraman9406]

Legislation and judiciary both should ensure that justice is affordable un to the last person of the nation instead of competing for supremacy.Last person is outsighted from the scene.

[@maniram8660]

In England Parliament is supreme but in India Constitution is supreme land of law and supreme court has power under Article 12 to review the law enacted by Parliament/legislature keeping in view Doctrine of basic structure of Constitution.

[@safalghosh]

Yes, the basic structure of the people's fundamental rights has to be protected and the government should not be allowed to pass any law which snatches these fundamental rights from the people transforming the constitution into an autocratic one.

[@EE-ElectricalEngineer]

Parliment change sc decision 😂😂 Sc is child of pm modi

[@maniram8660]

Judiciary has check and balance over the functions of legislatures and Executives to protect the Constitution the supreme law of land in a Democratic Sovereign Secular Socialist State -Nation.

[@ge4517]

Sad to note SC entertaints all petitions of Political or religious nature. SC or CJI behaves as if SC is the guardian of India and not the Parliament or constitution. There are plenty of priority of cases but CJI choose to entertain Article 370 or Hijab or urgent bail for Politicians on corruptions.

[@deewan5085]

इसने ये नहीं बताया कि विपक्ष के 150 सांसदों की गैर मौजूदगी में बिल पेश कर देना कहां से सही है? इन सबको संविधान से खतरा है क्योंकि संविधान न्याय की बात करता है, समानता की बात करता है ।

[@satyajitganguly3135]

SC as per constitution can evaluate a law enacted by the legislature as unconstitutional.....and if not then what's the need of SC ? SC logically just can't be a mute/blind spectator to any law enacted by the Govt without judging its merits and demerits...then question is bound to arise.....Are we a banana Republic ???

[@digitronik]

Perfect this is the job of SC. Making law by passing judgement is not judges job 😂. What's today SC trying to do by making law by passing judgement. Second point if SC thinks some law needed then Judges should refer to the law commission. Third we not given power to precident of India as not elected by the people. Judges are appointed by themselves like Rajeshai so enko to parliament ke upar nahi baita sakate. Kya pata kal judgement pass kar ke bolenge ki IAS bhi humari hi collegium decide karegi 😂😂😂 So for now I'm supporting this MP as we need to save basic structure of the constitution We the people of India. Its basic

[@Aditya-tr4js]

​@@digitronikbasic structure doctrine was given by the supreme court only so it's logical that supreme court will not forget it's own path.....

[@digitronik]

@@Aditya-tr4js no it's not for supreme court basic path but for limiting parliament power or majority power. That also in keshwanad bharati case 6:7 here also majority matters 😜 That's why I called it a myth. Majority always and should matters. 😁

[@Aditya-tr4js]

@@digitronik i don't have time to argue with you... You please live in your own worldd....

[@digitronik]

Socho minarity (the ward has its own importance not always with cast or religion, it's about opening and thoughts) Ek vote se hi to ye doctoring aayi and ese hum ab thak dho rahe. Socho agar self appointed judges ne khud ke fayade ke liye aise judgements diye to kya hoga do you have the power to revert? Government me revert karegi to ye self elected judges basic structure ka bahana deke revert karenge. Then it will be law paralysis 🤣🤣🤣🤣 That's why I'm in support of parliamentary sovereignty and supremacy because parliament represents me not SC.

[@vkvrao4257]

Supreme court will not have any work if our parliamentarians have thorough knowledge of constitution

[@karbiguy9972]

Lol 😂 nice joke

[@mirzaresalath5972]

Very nice and super

[@vakilprasad9845]

S.court is the supremo regarding safety of fundamental rights

[@1947prince]

Sarvam Modiji. Modiji will select CJI - SC; will select Chief election commissioner; Control media and what else.

[@anty2105]

Collegium system should be abolished. Then only poor children will get apex courts posts.

[@mniranjan9509]

This Rajyasabha MP, Sasmit Patra, a backdoor BJD MP, a burden on society.... He was just talking nonsense, he doesn't know the basics of Democracy, Indian judiciary, one of the Watchdog of Democracy while the Parliament consists of MPs mostly with criminal background who only cannot decide how to run democracy.... Bar council of India should stop him continuing advocate profession for his misconduct and third rated comments against judiciary..... .. RssBjpModi regime totally destroying democracy and violating Indian Constitution since 2014 ... .....

[@SeemaDevi-nd3vh]

I think we need a separate parliment judiciary block which can interfere when needed

[@syedriyasatnawabrizvi1722]

We are stand with Judiciary is superpower of the World.Thank you so much everyone my especial friends and my greatest friends of India and of the World.JH

[@ipro23]

Judiciary is always supreme not a legislator who is most probably biased and nowadays is islamphobic. SC is an Idea of India & COI custodian

[@priyankarpanja4676]

there is importance of "judicial review" ... arguments / review can happen both in parliament and court, as required by the way, there are "Islamists" & "Pro-Islamists" who are anti-Hindu (also anti-Other), and hypocritically blame Hindus when Hindus talk about rights, fairness ... 🤡

[@ayubjojo1663]

MP yadi dangai aur criminal ho to desh ka kya hoga?

[@ishwarishivnani9380]

Legislators do not represent 140 crore population. The calculation is wrong. We need to excude non voters population below the age of 18 years. Of this voting % varies, maximum might be 75-80% and minimum 40-50% so exclude those who didn’t vote. Even government with absolute majority also has around 40% electorate. We have around 37-40% parliamentarians who have criminal records as is on the EC site. Many of them are uneducated. We should trust the judiciary who is not intoxicated by power whose honesty and integrity can be trusted and if not all, many are daring and courageous to preserve the constitutions. Many a times politicians play with the constitution and change laws to retain power.

[@biswadevmajhi231]

How many times sc has opposed a law which is passed by the parliament.

[@joyeshsinha1243]

true

[@vjsingh2662]

The status quo cannot last for long The haves have no choice but to listen to sane advice For too long have they talked about inclusive growth But when it comes to own turf, they pick sides. They have let the poison ivy grow Religions have been used more to hate and divide It all boils down to understanding and implementing The Two Commandments of Jesus Christ.

[@eakdeshbhakt1731]

sc or parliament is Supreme authority to accept, modify or declare laws made by parliament as unconstitutional. The main n biggest problem is most of mps are not educated n experienced n some are with fake degrees. In case of SC Judges are highly educated n experienced in field of judiciary.

[@milanvadoliya3376]

If SC shoud not interfere in laws made by parlament as he saying,than the party which has majority will pass a law that from now on PM will not be elected by people but party will elect PM.

[@br2883]

Somebody should bring to the notice of Hon. Supreme Court the judgement in Kihoto v/s Zakhillho 1992 Supp (2) SCC 651 relating to para 7 of Tenth schedule .

[@ishwarishivnani9380]

To be a judge one has to be educated and pass through a process, he doesn’t use media to brain wash people, make any fake promises of threaten people or officials or misuse power. We should trust judiciary more unless judiciary has bowed down to government.

[@mohammadraissiddiqi7822]

जय हो नेहरूजी जिन्होंने राष्ट्रपति डा राजेंद्र प्रसाद को समझा दिया था कि प्रधान मंत्री ही महान है। देश के तीन अंग में से एक भी खराब हो तो संविधान कैसे बचेगा ?

[@biswanathbiswal6016]

According to Patra Parliament can make a man to woman, No one can challenge,

[@sarathsk849]

The Constitution is supreme

[@swapanmishra6806]

Court has power to judge PM. In interest of public court can judge parliament rules.

[@RajeshSahu-bq1wg]

I am not agree with Dr sasmits Patra

[@IqbalSingh-uf5yi]

We are in the favour of SC.

[@d.bpatil6361]

In that case why don't you declare SC as one more agency of the central government like ED, CBI etc?

[@shahiatal9886]

I strongly object this statement where judiciary weak justice dined legislative have their own interest and judiciary played strong and neutral role

[@s20233s]

Parliament is supreme the separation of powers is between Judicary executive & executive , often SC interferes in matters where it has no business

[@rachaiah8187]

SC has decided the position of law.

[@Thunder-qq8fk]

Sc has only judicial review not the power to direct parliament. Only 5 people recommend cji can't decide the law over parliament sovereignty.

[@RiyaRiya-ig7dd]

judiciary kay taraf sarkaar temporary body hai jo 5rs kayliyay reti hai jisko dobara election krwana hai doosri or judiciary jo kabhi nahi bdlti woh aaj bhi hai or kal bhi raaheygi jabki sarkaaray badalti rehaygi but dar yeah hai ki judiciary ko khatam ma krdiya jayay or democracy ki jagah communalism ajayay like china jaisa dar yahi hai

[@satyabratajena25]

Dr Sambit Patra.... When the persons like you representing the common people is not individually sovereign.... How the legislature cllectively is sovereign.... Keep quiet.

[@nilkanthghosh1160]

Law Chakra is not unbiased.

[@LawChakra]

We are unbiased. Thanks for watching

[@ratangangopadhyaygangopadh9826]

Is this organised approach to change the constitution?

[@Talib-f1k]

Wrong views sasmit patra

[@LawChakra]

I think partially he is worng and partially true in essence of judicial activism if you see. SC shouldn't have struck down NJAC in hurry.

[@elayavadivel7416]

If SC-CJI has no power to order parliament, then during 1975 emergency, India became Indraya and no BJP or Congress rule then. So your speech is not tenable.

[@hoshiarsingh6523]

Looking to our corrupt politicians who are both power and money hungry checks and balances provision must be followed.S.C is thr saviour of democracy that powers of S.C should not be curtailed.

[@satyanarayanaparuchuru1639]

Human rights are Supreme. Supreme Court and High Court are the guardians of human rights Parliament can not amend these human rights. Elected members are Elected from people power of voting. In such a situation, the elected members came from people power ,can not people ,reduce peoples power

[@rogerregal1423]

The Court's in India should close shop as they're totally in favour of the Saffron Ruling regime

[@satyanarayanaparuchuru1639]

Investigation agencies is not followed Supreme Court guidelines in case of arrest,There should be serious punishment along with penalty.Because,supreme court guidelines are known to people through media.if that is the situation, still if any Investigation agency do not follow means, it is nothing but clear Contempt of court

[@jyotirmayamuduli3510]

Its the duty of each and every one to protect our constitution but Judiciary i.e Supreme Court is the guardian of the constitution not the parliament or Executives. That's why " C u in the Court".

[@PranavPatil-n1v]

Parliamentary sovereignty 🎉 and judicial balancing

[@suchita52]

Has Mr Nariman read the Indian constitution? Does he know that there is a separation of power between Judiciary, Legislature & executive? Is Judiciary trying to become dictatorial & question each & every parliament decision reforms??

[@shaikabdulsaleem3233]

Demacracy means peoples government and powers divided among judiciary, legislature, and executive to represent them. Any one division itself is not government, all together form government excercising power of people. Dispute arises among them only when division wants to dominate the other considering itself is government, divided of people whom it represent.

[@satyanarayanaparuchuru1639]

No parliament or state legislature cannot make any Law against Human rights .Human rights are supreme .Honorable courts are the guardians of human rights

[@ratangangopadhyaygangopadh9826]

Dr Sambit Patra is following what has been mentioned by Justice Gogoi in the same Rajya Sabha.

[@gopaakrishnanmvenkataraman9129]

England had😢no written constitution.convention is equal to constitution Constitution is a product of parliament. Constitution is an inert matter without the working tool like parliament A puzzle indeed like asking which came first' seed or tree

[@maggiej9406]

The last hope for people was supreme court cji where are the people going to land honourable cji sir save the people please I'm an old lady begging u justice chandrachud sir god show a way to the country

[@premlalverma7429]

Patra is a hollow man.Supreme court is supreme as they follow the constitution.

[@premlalverma7429]

To me Patra is not a learned man as he is trying to show but clearly shows a dichotomy between judiciary and parliament. Parliament have a bouden duty not to make such laws detrimental to the interest of the masses.

[@yashwantbhalekar]

तो क्या अनपढ़ पार्लिमेंट मेंबर अब पढ़ी लिखी जनता का भविष्य तय करेंगे. मेकर एंड चेकर सिस्टम जरूरी है.

[@Jaspal-sx5bq]

Judiciarryis supreme whengoytig oil fair😊

[@narayanbhosale6013]

सबसै सुप्रिम है जनता। ना कि पार्लमेंट। क्यो की पार्लमेंट के सासंद जनता चुनती है। भाजपा वालों के बाप का देश नही। जनता की राय लिए बीना संविधान मे बदलाव नही कर सकते। सासंदो को जनता के बीच आकर राय लेनी चाहिए। जनता इनको चुनती है।

[@periramana8556]

Parliament is a creature of constitution .Is it not so. Should we have SC.

[@ManiJanarthsnan]

Differ all thus senaitive maate4 tollbel3crion

[@Talib-f1k]

I request to all indian regional and national political parties please no interfere to judiciary

[@yankiesangtam2540]

A rajya sabha member thinks he is above the law. Tomorrow he will be a mere public.

[@idadixon3165]

Batter court should close it not need judges. Shame on these courts judges.

[@BhikanraoBibne-ot3xo]

Act,laws are not legal Supreme Court must strike on laws.

[@ge4517]

The MP is absolutely right. The courts have no jurisdictions to order Parliament. The opposition has been using the courts loopholes and platforms to market their agenda or opposing certain laws to their benefits. Parliament can amend laws or introduce new amendments according to the current situation. Parliament is paramount, and courts only give judgements according to the constitutions. Opposition parties abusing court platform to argue thier opposed laws. No countries in the world, where court directs Parliament to do according to judgement. The opposition abuses taxpayers' money and court resources. There are so many urgent cases being dragging, but SC continues to entertain opposition arguments. Political arguments cannot work. Opposition needs to get the majority in elections to rule India.

[@haqsepubg5784]

People have right to challenge a law. opposition is people too. Judiciary has power to uplift or strike down a law by interpreting constitution. If Parliament is in violation to constitution, Judiciary has all the rights to order Parliament. This is not a loophole, this is the basic structure of democracy.

[@ge4517]

@haqsepubg5784 democracy. People take advantage, and Parliament is paramount, in my opinion. Judicial is supposed to be upheld law.

[@ayubjojo1663]

Overall Supreme Court is the custodian of Constitution of India.

[@ge4517]

@dkrana3768 My dear friend. I am not from India. I can't understand Hindi. India is a vibrant country. India news discipline party with drastic reforms on law and punishment to eradicate corruption and irregularities and slanderous speeches, hooligans in Parliament, killings, and violence. I have different opinions. You have your say. In other countries, the judiciary has no role in Parliament. Universal rule. Because of democracy, many religious faiths or political parties can protest and cause law and order problems to the public. Like Farmers protesters and gate speeches and CAA protesters took advantage. We need reforms, not waste taxpayers' money. Taxpayers' money can be used to build schools or roads or health care and law enforcement agencies.

[@ge4517]

@ayubjojo1663 Your interpretation is incorrect. You are a different world. Judicial is not custodian of country. Judicial is part of law enforcement dept to prosecution and maintain law and order. Judicial cannot interfere in Parliament proceedings or make judgements. That's why BJP removed article 370 easily. Your interpretation is different

[@thakarsiparmar96]

Superim Court Karelia tab power he jab Sansad Consitution ke bajay apni manmani tarike se chalati he

[@d.b.vashistha8936]

P. M. Hamesha president un ko banata he jo P, M. Ke Ahsanmand hon un k samne najar jhooka karsharm se rubber stamp bankar rahe. Pahle M. P. Sajjam member hote the kintu ab apradhik prvatti k log gange bana kar bethe hen kunal jese apradhee palte hen. In k sahare janta konahee chhoda ja sakta..

[@halimashaikhshaikh1310]

We are known lwo

[@ratangangopadhyaygangopadh9826]

Dr Sambit Patra is highly learned in constitutional law also.

[@shyamproductionshyamendras5295]

संसद। सर्वोपरि है, जो कानून बनाता है

[@gracekatam4155]

for them ignorence is bliss.

[@poojanishad2292]

Judiciary ❤best

[@sakharampatidar1388]

आखिर वही हुआ जिसका डर था सु,को, को झुका ही लिया

[@kirtanpatel6743]

Good

[@RiyaRiya-ig7dd]

galat kanoon banaogay or waha khaday hokay bologay ki judiciary nay law ko struck down krdiya galat kanoon jab jab banaogay tab tab judiciary struck down karegi oon kanoono ko

[@sumantasengupta3299]

NOT CONVINCED...👌

[@gssandal4705]

Chora de toli same language

[@chandramohanmenon7181]

Bullshit

[@kamapaladehuri8358]

In a situation election through evm or selection of judges through collegium shrouded,any statement on behalf of executive or judiciary will not hold good or interpretation can be twisted to any side.

[@gowrishankarsrinivasan3852]

This MP is correct. The Supreme Court must be shown its place. Its over reach is untennable and objectionable.

[@nilkanthghosh1160]

Judiciary overstepping their jurisdiction.

[@sasikumarn5786]

Judiciary should be shown it's place and restore power to people where it actually belongs.❤

[@haqsepubg5784]

Power lies in People, but ever People cannot go against constitution. Judiciary is there to ensure that. Parliament has the power to make laws, Judiciary has the power to interpret that law and strike it if it violates the constitution.

[@manishhhhhhhhh]

​@@haqsepubg5784yes , but some people always want to give all the power to parliament, and they don't even know it's consequences

[@sasikumarn5786]

@@haqsepubg5784 Mind you no one, even a dynastic Indian judiciary have the power to " Interpret " concept of consultation in the Constitution, which we the people had given unto ourselves as " concurrence". They are snatching power from the people. If they goes on enlarging the power people would have no option to storm the head quarters to restore democracy. How many constitutions remain eternal? Let the judges know.

[@haqsepubg5784]

@@sasikumarn5786 Judiciary is not snatching power nor empowering the people. It is constitution that has given the powers to all and each entity is exercising it's individual power( parliament by Making laws, People by opposing them, Judiciary by interpreting the laws). Changes are inevitable even for constitution, and that is why Judiciary is there to make sure the changes made in constitution does not snatch aways the basis fundamental rights in a democracy.

[@damodarvinayagam3552]

Classic example of Education, position & age got nothing to do with maturity, honesty & morality....If one can't be humanly to any being irrespective of religion, caste, color, gender, nationality, species, etc., it's utter waste to be called a human bcos other than Human no other being has the ability to control instincts....

[@rushikeshjadhav4646]

Parliament is a sovereign means no external and internal pressure put on it but supreme court is supreme means no one is above it

[@ramsajiwandubey5355]

Saansad Ne Sahi Kahaa Hai

[@AnantMishra-tj5wc]

Acha 5 bench faisla karega toh khrab hai aur Jo tum log youth ke saath kr rhe ho agneever ko lekar uska kya hum log ne itna mehnat Kiya bharti hi khtam kr diye army me height bdha diya same on you neta log

[@ShivsankarNetaji]

Democracy ko kuchalne wala Deshbhakt kabhi Nahin ho sakta Vah azadi ka bhi Dushman