“Supreme Court’s Kashmir Judgement Totally Erroneous and Bad in Law”: Fali Nariman 

“ Fali Nariman his Supreme Court his True Judgment are India Law “, thanks you

What I understand is that Mr Naraman's brain is more intelligent than five judges' brain & he is realy a bold man to explain the law without any fear.

In the coming years, I see chndrachud as a chairman of rajyasabha

Fali Nariman sir is an institution of judiciary, the bench that declared the judgement are nursery students infront of him

Not just this decision, but many others of the SC is disappointing and is frustating for we, the people of Ibdia. The last independent institution is also fallen down!

Very comprehensive interview with precise questions and remarkable answers. 🙏

He is the epitome of constitutionalism.....hope he'll remain as charming and sharp as he is today for a long long time !

Thank you sir for this interview. May God save this country.

We are always with neutral and intellectual media and Karan Thapar ❤😂🎉😢😮😅😊.

This legal expert seems delusional. He is saying it is an extremely bad judgment, but no precedent will apply, but precedent is the very basis of common law judiciary. He's confused.

Such a kind of discussion is much needed. We all must read and understand the constitution at least those articles which we read in daily newspapers.I am afraid the upcoming generation will not be able to experience such discussions.

Please call Kapil Sibbal for discussion on judgment of 370.

There’s no Institution without a price today, finally 😢 Every decision “politically welcome“, but “constitutionally flawed” ! Every major recent decision in the recent past consciously impotent finally. Wolf in sheep’s clothing is worse than the wolf itself.

Fali Nariman ji ka last me point bas itna tha ki dusre states ke sath aisa Central govt nhi kar sakti. Lekin wo bhool rhe hain ki is govt ne sare kam wahi kiye hain jise kaha jata tha ki aisa nhi kiya ja sakta. Jab koi sarkar besharmi, Hitlershahi par utar aaye aur usne sari central agencies, media ko apne kabje me kar rkha ho, sath me Courts par bhi control ho to wo kisi bhi besharmi ki hadd tak jakar kuch bhi kar sakti hai. Is precedent ka example lekar bilkul dusre states ke sath aisa kiya ja sakta hai. Jab tak use SC me challenge karenge, decision aayega usme aise hi 5-7 years nikal jayenge aur us state ke sath bhi yahi kiya ja sakta hai. Manmani krne ke liye bas bahana hi to chahiye. Rules me herfer ko allow to pahle hi kar diya.

Current chief Justice in Babbri Masjid verdict said that their is no proof for temple but it's people believes that It's birth place of Ram and hence Masjid must be handover for temple, same justice now saying bifurcation is wrong but canceling article 370 is okay, during British Raj, British always said Brahmin judge's in India are not faiful to laws but they are faithful to their caste and their thoughts society

This man is Great.

Knowledge is power. Sir you rightly said, " Politically it is correct but constitutionally not"

Refreshing interview Thapar Sir 🍃 thank you, to your honorable guest Fali Nariman Sir, one of INDIA's finest... Stay blessed Sir. Happy Holidays to both of you & to your viewers.🇮🇳🙏

Respected Nariman is reoeatedly saying near the end of the interview that this was a temporary article. One question still was not discussed in this interview is that whether the article was really temporary. In Karan's earlier interview (of Dr. Faizan Mustafa in 2019), it was strongly asserted that this article was not temporary.

One of the biggest unlawful judgment by SC in history.

Why not for other states? Why for J&K only? Perhaps the state is Muslim majority state and the step taken only to gain votes from major community as so many incidents proved that BJP regime wants kasmir not kasmiri peoples.

Please convert all states to union territoriy.

This interview can be "exhibit a" for law schools to show how much even legal judgement of eminent jurists can get colored by affective disposition and normative theory. Just because one feels good or bad about something that should not be the basis for evaluative judgement.

Does it mean that the entire supreme Court bench headed by CJI has totally erred in declaring Abrogation of Article 370 is in order without even knowing the basic constitutional aspects of what needs to be looked into???? This is too shocking indeed....... Seems Without the concurrence of Legislative Assembly this cannot be done, most horribly the ASSEMBLY didn't exist at all ... .. 😮

Thank you very much Thapparji & Sir Nariman on this excellent discussion....

Now petitioners will have to go for review. And i personally feel sc made a blunder of judgment..

Fali is fabulously clear even now at his age. It was always a pleasure to hold conferences with him. He was always prepared and sought answers to questions on which there was some doubt.

India has to cry soon with Supreme Court of the country joining the league of Modi's cheerleaders.

The S C has punished the people's of jammu and Kashmir for not supporting the wrong doing of B J P government at the center.

SC has fallen in Their own Loop

Once again this judgement on 370 we may witness many in Rajya Sabha or somewhere like NHRC etc for post retirement honeymoon... like the Ayodhya dispute recently...

Respected sir please make a entervue for options save india 🇮🇳 and court 🙏 law system

What we see here even 5 judge constitutional bench erred in unders of the law and its provisions with such flawed judgement God can only save this country .

Politics can never trump a sharp legal mind! Mr Nariman is brilliant jurist and has questioned the Supreme court judgment with sound arguments

I had great respect and trust in Supreme Court of India until the day they pronounced their erroneous judgement on Article 370. I wonder whats the difference between Indian and Pakistani courts.

So what happens now. The Central Govt with the concurrence of the Judiciary can - say change all Southern States to Union territories. If can be done with all the special constitutional provisions that Jammu and Kashmir had been afforded, what prevents the Central Government from converting inconvenient States to Union Territories which are not bound by the same rules as that for a State? I am not a lawyer, but I wonder why this has not been discussed.

Res SHRI Karanji, we suggest and request and support you fully to kindly call all ex judges and intellactuals regularly on your programmes continuously till 2024 so people will realise and throw this unpadh dictatorial BJP govt.

The people of Jammu and Kashmir are happy. Thus, this lawyer is wrong in his judgement. The constitution is for the people.

ALL OVER THE WORLD = NATIONAL INTEREST IS UTMOST PRIORITY ( EUROPE, FOR EXAMPLE...) THINK ABOUT IT TODAY'S YOUNGER GENERATION IS FED UP WITH WITH SEPARATISM... EXCEPTIONALISM...RESERVATION... PLEASE PLEASE WE WANT ONE INDIA FOR ALL. WE DO NOT WANT TO SEE DIVISIONS AGAIN. STRESSFUL FOR US OUR COUNTRY LOOKS UNDEMOCRATIC AND REPULSIVE ABROAD BECAUSE OF SOME SELFISH BIGOTS!

This is the same guy who argued in favour of Union carbide in the infamous Bhopal gas disaster case.

2 brown sepoys . The will of the people as represented by Parliament is supreme. You can’t have an article brought in by deceit in the first place continuing to remain even if the people of India wish otherwise .

It’s very unfortunate that Supreme Court has given wrong judgment on abrogation of article 370 and support central government for their wrong doings

Very informative session. One the one hand Shri Nariman has found errors in this judgement ,, on the other hand he also makes it clear that this will not imply to other states.

Thank you Karan for this interview.

An ordinary legal person also understands that the judgement was erroneous and inconsistent with the existing constitution.

Respectfully disagree with the judgement of SC. This is bad in law. gives free hand to union government to do whatever they want. The biggest question before The Supreme court was whether the union Government had power to convert a State into a union territory under article 3 of the India constitution. Unfortunately Supreme court is silent on this issue The reason was SG. given assurance that Statehood will be restored in time-bound manner.

This is " Ultra Vires" not " Ultra Virus" . This means beyond the power

I would have loved to hear more from Mr. Nariman. I believe the questions from Mr. Thapar should have been short and the explanations from Mr. Nariman long. Instead it felt like a cross-examination where the interviewer required yes or no from the interviewee. Nonetheless, it was a good interview. I enjoyed listening to Mr. Nariman’s marvellous explanation.

Good discussion on Abrogation of Article 370

very educative and informative. can the parties seek revision by a larger bench ?

Totally unlogical Judgement

Supreme Court judgement being roasted to the point of being burnt down. What a shame for CJI.

If they by the statement of Shri Nariman ,can anybody not challenge the abrogation of Article which dissolve.the power of J&K.

We in Kerala very well aware that our forefathers given consent of accession to join the Indian Union as per the guarantee provided under the Constitution. If North Indian hegemony try to bulleork their Gobar here we are ready to part away.

This is not surprising. Quite a few of the SC's judgements have been questionable and puzzling in recent times. This is strange when viewed against the backdrop of a court headed by CJI Chandrachud, a judge known to be of great intellectual calibre and a proclaimed commitment to human rights. He seems to take with one hand what he gives with the other, and the net result is zero, or even negative when you consider the implications of the judgements on the present and future generations. It is hard to believe that the collective wisdom and knowledge of the authoring judges resulted in this "erroneous" judgement. This is no error. This is a sophisticated bypass operation by the SC to give in to the government without having it seen to be a surrender. There is a palpable and justified realization among right thinking citizens that the SC has been cowed down by the fascist and evil BJPee government. Hence the erroneous judgements and the decisions where the court says "we will decide this later and in the meantime let things continue" which in effect allows bad laws to continue and repression to be justified and intensified. The SC seems to have forgotten the abjectly rude and arrogant threats thrown its way by the previous Law Minister, as well as questions on its integrity by other BJPee functionaries. It should have stood up and asserted itself, but instead it has caved in and on the most important issues it rules in the government's favour, perhaps so that it can be "allowed" to rule against the government's chicanery on issues that are of lesser significance for the liberties and rights of the citizens. The CJI's father had gained a certain reputation during his tenure of being compromised, and the present CJI might do well to think about how he wishes to be remembered, and whether the people will smile or sneer when his name is mentioned in the years to come.

The introduction should be "Hi I am Karan Thapar, the unofficial spokesperson of Pakistan Ministry of External Affairs"

Hope CJI Chandrachud & his team of judges has watched this discussion....it's really shameful indeed that CJI and his team has let down the people of this country......hope better sense prevails with CJI and his judges.....

We need more people like Fali Nariman and Karan Thapar

Karan tried very hard to put his words in the mouth of Fali Nariman..... Brazen

GREAT JURIST OF THIS ERA

CJI Chandrachud has lot of things to learn from Sir Nariman......else CJI Chandrachud will continue goofing up with our judiciary....

Excellent discussion & more enlightenment. Thank God someone like Fali Nariman is there to critically explain, though SC may not review its verdict. But what is done is wrong and unlawful. Same thing happened with Ram Janma Bhoomi case.

One of the greatest jurists of the world.

The Whole structure of India fallen down, after last rays of hope from SC, which now fallen down. No hope for justice to peoples,

when we have one of the best constitution in the universe, we cannot rule the country like a ruler of a kingdom, such tinkering can be dangerous for our future, when there are different political parties in governance & wants to act as they feel was correct, citing the above tinkering, while people were standing in their balconies, bajaoing thali. after the above ruling!

I understood first time about Article 370. And judgement about abrogation of 370. Thank you Sir Nariman sir and Karan Thapar ji

When your resolve is firm and intention is clear ( to do justice with one's job), mind becomes clear automatically. When mind is clear, vision becomes clear. And when the vision is clear, you come to sound judgement... Sadly, it appears things became complicated for the SC from the point A.

Power to impeach judges must not be with the Parliament,instead it must be through jury consisting of senior judges of all high court and supreme court

Btw, these were not errors. These were done on purpose because current CJI (like his recent predecessors) also is stooge of Modi-BJP-RSS or has sold his soul to these devils hence don't expect honesty from him.

Karan Thapar Sir,I love your impartial interview which goodself is taking from the Prominent Law knowing personalties and High profile persons.I respect your capability.Almighty Allah bless you.Long live respected Karan Thapar sir.❤

Present godi media and this kind of discussion 😭😭😭😭😭. This can never happen

Really you provided a great and actual knowledge about abolishing Article 370। Really a complete violation as there was no legislative assembly

What are the options now? Will the petitioners respectfully plead for review of their judgement?

Fali Nariman Sir has given an absolutely right opinion on the Constitution Bench Judgment on Abrogation of article 370.

It should go to an international court not to Supreme Court it is an allegation on a contract between two countries, not to a country where everything including judiciary is biased

Strange. The court seems to have come to an agreement with the union govt and then gives its reasoning to give a favorable judgement for the govt

Miss the Congress days of papa 2 Daily based HRV

This discussion helps a lot in understanding why the judgement is erroneous . Thank Karran Thapper for the hard work he has done to expose the unconstitutional character of the judgement .

When the article 370 was introduced I think there was no parliament in Kashmir thus abolition of 370 does not require any permission from the Kashmir Parliament. Now J& K is once again a state. Thus where is the problem?

I heard Mr Nariman in another platform. He did not say the verdict was wrong. He given his opinion that the presidential notification was flawed. He has not said anything about the subsequent amendment.

With respect Nariman sir, why did you not appear before the Hon'ble Supreme court with these points? Instead of giving media interviews here, that would have been more effective.

And that spineless and headless head of present SC is hailed as the legal luminary!!!! The name CC makes my stomach churn with revulsion because here is a man who is called a legal Pandit but his behaviour is that of a spineless submissive servent of an authoritarian executive head.

Don’t understand how something that’s constitutionally erroneous can be politically correct?

I think, this fascist govt can do the same with other states ss well!!!

Wish Mr.Fali Nariman was the cji in these trying times sir.

Political leaders can guide judiciary & administrative in the labour surplus democracies nation of the world...!!!!!?????

Wow !!! One of the best interviews and very much needed for the nation. Respect Wire and team.

Can we expect the Hon'ble Supreme Court to suo moto review its judgment?

After a pause watching the full episode of Karan Thapar. Really fruitful

In a perfect state of democracy parliament derives its supremacy from the people.Parliament exercises this supremacy trusted to it by the people. If parliament exercises this supremacy bypassing or over riding the concerned people this supremacy inevitably takes a turn toward abominable autocracy. In the case of Kashmir, the people concerned or their elected representatives were not taken into confidence.Hence,these superimposed changes may not lead to the desired results. The ruling regime shows an alarming tendency to sideline the opposition altogether. It is alarmingly aiming at an opposition mukt India.The signs of sectarian autocracy are looming large to the dismay of the sensible sections. The supremacy of parliament should not be confused with the supremacy of the ruling party to bulldoze each and everything with an arrogant audacity befitting a state of autocracy.

Anyone who respects the sovereignty of Bharat will respect the SC verdict because everything else is inconsequential. This is not the time to split hairs - why didn't these old men share their views with Kapil Sibal?

Mr. Fali Nariman has the right attitude to controversial issues. He does not take any ones sides and just calls a spade a spade and nothing more. First rate professional to emulated by all professionals in any field.

The true real voice from our times,loads of love and respect from us kashmiris.Thank you karan for being the voice❤

very informative . can ther parties seek revision of the judgement ?e

Poor CJ Chandrachud must be cursing for being a Supreme Court Chief Justice. Even Chandrachud knows being criticized by Fali Nariman and his son Rohiton F Nariman, publicly criticised with legal backings is a big blow for CJ being a fair judge. Fali Nariman at the end says that the judgement may be politically correct but it is constitutionally wrong and it was for the SC judges to decide it that it was wrong by Modi govt. Paradox: A grave-pointed finger towards the CJ. It seems that Fali agrees with Modi and Shah for their politics but has objection with SC CJ Chandrachud and his judges. He expected that the SC CJ would be the keeper of the constitution, which they CJ failed. CJ Chandrachud and his bench of judges did by pass the whole constitution on the assurance given by the Solicitor General, whom he to took for granted.

Will such erroneous decisions impact the credibility of INDIA🇮🇳 in the eyes of the World?🙏

I fully endorse the views of Sr Advocate Fali Nariman over the recent SC judgement over Article 370.

It's great to hear this interview which mainly focused on process of abrogation 370 article. Nevertheless I would like to hear what are the pros and cons of repealing article

An excellent discussion Karan, very educating and enlightening.... Very refreshing to hear Mr.Nariman calling a spade a spade. However I think this judgement has given the central government an unprecedented power to convert any state into a union territory and rule permanently.

FACT CHECK :- From Min.16:07 to 16:20 it has been contended by Shri Nariman Ji that under Article 3 of the Indian Constitution, no express provision has been provided for the deduction of State into Union Territory but, if we see explanation 1 of the same article it is written that, in Clauses (a) to (e), "state" includes a union territory. Under Article 3(a) it is stated that the new state can be formed by following conditions which by the explanation 1 of the same article means Union Territory can also be created. Kindly Check it.