Sibal: If you want to abrogate 370, you have to get recommendation of Constituent Assembly.
CJI DY Chandrachud: So long as it exists.
Sibal: This is the point. Constituent Assembly has served its term once it has framed constitution.
CJI DY Chandrachud: In which case, 370 which is a transitional provision, assumes the character of permanent provision? By virtue of the fact that there is no Constituent Assembly?
Sibal: Absolutely.
CJI DY Chandrachud: So long as it exists.
Sibal: This is the point. Constituent Assembly has served its term once it has framed constitution.
CJI DY Chandrachud: In which case, 370 which is a transitional provision, assumes the character of permanent provision? By virtue of the fact that there is no Constituent Assembly?
Sibal: Absolutely.
๐ฟ268๐28๐ฅ3๐2
Pehle cries.... No one was consultated.
Abhi bol raha hai... Yeh toh kar hi nahi sakte
Abhi bol raha hai... Yeh toh kar hi nahi sakte
๐ฟ269๐41๐16๐15โค1
๐ ๐๐๐๐จ๐ฃ๐๐๐ง๐๐ฆ ๐จ
BIG BREAKING โก Muslim mob in Nuh attacked Police, locked them inside the Police post, and tried to BURNED THE POLICE ALIVE. Local Police was so scared of the Muslim mobs, that they hid in the nearby shops and houses, and removed their Police uniforms, soโฆ
Media is too big
VIEW IN TELEGRAM
Listen to the eyewitness in Nuh, which confirms that Policemen were chased down, beaten and later there was an attempt to BURN DOWN POLICE ALIVE, by the Muslim mobs.
Factories, Shops and properties of Hindus were targeted and burned down as well.
Source: https://youtu.be/f3TtbLsVaqQ
Read more from the Police eyewitnesses - https://t.me/MeghUpdates/39604
Factories, Shops and properties of Hindus were targeted and burned down as well.
Source: https://youtu.be/f3TtbLsVaqQ
Read more from the Police eyewitnesses - https://t.me/MeghUpdates/39604
๐คฌ463๐14๐คฏ11โค1๐1
CJI DY Chandrachud: 370(1) begins with a non-obstante clause. It overrides the entire Constitution but clause 3 contains a non obstante clause which overrides clause 1 as well. 370(1) makes special provisions in respect to State of J&K. But 370(3) has a non obstante provision which overrides the non obstante clause in clause (1).
Sibal: For that period!
CJI DY Chandrachud: Acceptance of sovereignty of the dominion of India was complete. They accepted sovereignty for all intents and purposes. That acceptance was complete but they reserved some rights over certain legislative subjects. So the accession was complete. Consistent with that, they said that in clause (3), the president would have the right to abrogate 370.
Sibal: On recommendation of the Constituent Assembly.
Sibal: For that period!
CJI DY Chandrachud: Acceptance of sovereignty of the dominion of India was complete. They accepted sovereignty for all intents and purposes. That acceptance was complete but they reserved some rights over certain legislative subjects. So the accession was complete. Consistent with that, they said that in clause (3), the president would have the right to abrogate 370.
Sibal: On recommendation of the Constituent Assembly.
๐ซก244๐35๐33๐2โค1๐ฉ1๐1
Justice Khanna: If one looks at Article 370(1)(b), it deals with situation when the government or elected assembly is not in existence. So that appears to be the broad outline of this.
Sibal: The article starts by saying "notwithstanding anything in constitution" and 370(3) starts with "notwithstanding anything in the provision".
Justice Surya Kant: So sub-article 3 according to you have become non existent. Then how does the very temporary nature of 370 survive?
Sibal: It was temporary because Constituent Assembly was not framed at that time.
Justice Kant: So if Article 370(3) goes then that means that Article 370 can never be abrogated.
Sibal: Yes! That's the whole point. That's our case.
Sibal: The article starts by saying "notwithstanding anything in constitution" and 370(3) starts with "notwithstanding anything in the provision".
Justice Surya Kant: So sub-article 3 according to you have become non existent. Then how does the very temporary nature of 370 survive?
Sibal: It was temporary because Constituent Assembly was not framed at that time.
Justice Kant: So if Article 370(3) goes then that means that Article 370 can never be abrogated.
Sibal: Yes! That's the whole point. That's our case.
๐188๐คฃ130๐คฌ22๐คฎ4โค2๐2๐ฑ2๐ฉ1
SC is hearing a batch of pleas challenging abrogation of Article 370 starting today.
A five-judge constitution bench headed by Chief Justice DY Chandrachud will conduct day-to-day hearing.
CJI Chandrachud
Justice Sanjay Kishan Kaul
Justice Sanjiv Khanna
Justice BR Gavai
Justice Surya Kant
It had appointed two lawyers -- one each from the petitioners' and the government's side -- to prepare convenience compilation and file it before July 27, and made it clear that after the said date no documents will be accepted. A convenience note gives the court a snapshot of the entire case to assist it in quickly appreciating the facts.
A five-judge constitution bench headed by Chief Justice DY Chandrachud will conduct day-to-day hearing.
CJI Chandrachud
Justice Sanjay Kishan Kaul
Justice Sanjiv Khanna
Justice BR Gavai
Justice Surya Kant
It had appointed two lawyers -- one each from the petitioners' and the government's side -- to prepare convenience compilation and file it before July 27, and made it clear that after the said date no documents will be accepted. A convenience note gives the court a snapshot of the entire case to assist it in quickly appreciating the facts.
๐คฌ363๐29โค5๐5๐ฑ4๐4
๐ ๐๐๐๐จ๐ฃ๐๐๐ง๐๐ฆ ๐จ
Listen to the eyewitness in Nuh, which confirms that Policemen were chased down, beaten and later there was an attempt to BURN DOWN POLICE ALIVE, by the Muslim mobs. Factories, Shops and properties of Hindus were targeted and burned down as well. Source:โฆ
FIR into the attack on the Nuh Cyber Crime Police Station states - the Muslim mob surrounded and looted the Police station, and tried to kill the Policemen.
When additional Police forces came to rescue, they left the Police station, threatening to kill all of the Police.
Police eyewitness account - https://t.me/MeghUpdates/39604
Local eyewitness account - https://t.me/MeghUpdates/39661
When additional Police forces came to rescue, they left the Police station, threatening to kill all of the Police.
Police eyewitness account - https://t.me/MeghUpdates/39604
Local eyewitness account - https://t.me/MeghUpdates/39661
๐คฌ468๐18โค2โก1๐1
Delhi High Court reserves judgment on the maintainability of a plea moved by various civil services aspirants challenging UPSCโs decision to publish the answer key of prelims exam of Civil Services Examination 2023 only after declaration of final result.
๐252๐36๐คท7๐ฑ2
This media is not supported in your browser
VIEW IN TELEGRAM
โก BIG
Pakistan's Minister of Foreign Affairs Bilawal Bhutto says Pakistan may resort to conducting Anti-terrorist operations in Afghanistan, if the Afghan authorities fail to take action against extremists.
Pakistan's Minister of Foreign Affairs Bilawal Bhutto says Pakistan may resort to conducting Anti-terrorist operations in Afghanistan, if the Afghan authorities fail to take action against extremists.
๐364๐คฃ228๐คก33๐8๐ฅ1๐1
CJI: Look at clauses (b), (c), (d) in Article 370. Clause (b) refers to power of parliament to make laws for the state. It restricts it in two ways- first, those matters governed by IoA, those entries in Union & Concurrent list which are referred to IoA...in sofar as IoA, those have to be specified by the president in consultation with the states. Clause (b)(2) refers to such other matters in said list where state concurrence is needed.
Now clause (c) refers to substantive provisions. Clause (d) refers to other provisions of the constitution which may be applicable under the orders of the President. Clause (d) is beyond the ambit of Clause (a).
The first proviso refers to entries of union and concurrent list. The second proviso states "no such order"- it means orders mentioned in the first order.
In other words, the whole area of concurrence and consultation is confined to the entries of the Union and the Concurrent list. That's clear from the scheme.
The President is given an untrammelled power to specify which are the provisions of the Constitution which apply to J&K.
That is conditioned to the first and the second proviso. These proviso don't refer to substantive provisions of Constitution at all. They only refer to matters governed in Union and concurrent list.
Lunch break.
Now clause (c) refers to substantive provisions. Clause (d) refers to other provisions of the constitution which may be applicable under the orders of the President. Clause (d) is beyond the ambit of Clause (a).
The first proviso refers to entries of union and concurrent list. The second proviso states "no such order"- it means orders mentioned in the first order.
In other words, the whole area of concurrence and consultation is confined to the entries of the Union and the Concurrent list. That's clear from the scheme.
The President is given an untrammelled power to specify which are the provisions of the Constitution which apply to J&K.
That is conditioned to the first and the second proviso. These proviso don't refer to substantive provisions of Constitution at all. They only refer to matters governed in Union and concurrent list.
Lunch break.
๐316โค8๐5๐1
This media is not supported in your browser
VIEW IN TELEGRAM
Local Spaniards๐ช๐ธ apprehend an African jihadi migrant armed with a knife before he goes on a stabbing spree.
This is everyday life for Europeans, living in fear of becoming the next victim of multiculturalism.
This is everyday life for Europeans, living in fear of becoming the next victim of multiculturalism.
๐491๐ฅ86๐ฑ25๐คฃ14๐ฟ4โค3๐2๐คท1
Supreme Court on BAJRANGDAL protests
- rallies can go on... Need to be video graphed until next hearing.. ie. Friday
3 states to be notified Delhi haryana UP
Deploy additional forces.
No hate speech... During protest
- rallies can go on... Need to be video graphed until next hearing.. ie. Friday
3 states to be notified Delhi haryana UP
Deploy additional forces.
No hate speech... During protest
๐562๐ฅ60๐ฏ19โค5๐ฑ4๐คฌ2
๐ ๐๐๐๐จ๐ฃ๐๐๐ง๐๐ฆ ๐จ
Nuh: Abhishek was first shot, then his throat was slit, head crushed https://www.opindia.com/2023/08/nuh-violence-abhishek-first-shot-throat-slit-his-face-crushed-with-stones/
Bajrang Dal activist Abhishek was shot dead and his throat was slit with swords, outside the temple in Nuh.
His cousin, Mahesh (25) saidโJust as we came out of the Shiv Mandir in Nalhar, we saw a mob, armed with swords, guns and stones, running towards the temple. They started beating people, firing and setting cars on fire. A bullet hit my brother and he fell... I was trying to get Abhishek somewhere safe, but a man with a sword slashed his neck and fledโฆ I had to leave him there and take shelter in a tent...โ, the brother said.
Meanwhile, Dinesh Kumar (24) from Bhiwani is battling gunshot injuries at a hospital. โI was among 80 people who came to Nuh by busโฆ but we had to stop at the chowk near the temple after we got news of the attack. We tried to talk to the other sideโฆ in a few minutes, people started throwing stones and I got shot".
https://indianexpress.com/article/cities/delhi/had-to-leave-my-dying-brother-to-save-myself-says-22-year-old-who-came-from-panipat-to-participate-in-procession-8872135/
His cousin, Mahesh (25) saidโJust as we came out of the Shiv Mandir in Nalhar, we saw a mob, armed with swords, guns and stones, running towards the temple. They started beating people, firing and setting cars on fire. A bullet hit my brother and he fell... I was trying to get Abhishek somewhere safe, but a man with a sword slashed his neck and fledโฆ I had to leave him there and take shelter in a tent...โ, the brother said.
Meanwhile, Dinesh Kumar (24) from Bhiwani is battling gunshot injuries at a hospital. โI was among 80 people who came to Nuh by busโฆ but we had to stop at the chowk near the temple after we got news of the attack. We tried to talk to the other sideโฆ in a few minutes, people started throwing stones and I got shot".
https://indianexpress.com/article/cities/delhi/had-to-leave-my-dying-brother-to-save-myself-says-22-year-old-who-came-from-panipat-to-participate-in-procession-8872135/
๐คฌ563๐ข34๐25๐10โค4๐ฅ2๐1
YouTube
Supreme Court of India - Court 1
๐ฟ199๐40๐6๐ฉ1
Haryana: Police attacked in Shikarpur village, Tawdu, in Nuh district - as they to went nab criminals; aerial firing reported.
https://twitter.com/NBTDilli/status/1686292270130323456
https://twitter.com/NBTDilli/status/1686292270130323456
๐คฌ526๐15๐5๐1๐ฅ1๐1