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For studying polity, I always prefer Sarmad sir.. the way sir links every rule or law with the current or past incidents make it more easy for us to remember
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it is a good initiative ...sir ...it was such an amazing session ...doubt on this concept was totally vanished .... plz tell me where can i get pdf of this knowledge series ?????
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One is an article in the constitution while another is an ideology the juciary might adhere to while acting upon said articles. So no, what you said is incorrect
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Sir , frankfuster judge said to b n Rau in case of due process of law 1 reason i don't understand because because us is as well a democratic country, then why in us constitution written down due process?
Sir, no need to express to give grateful to your class. There is needed teacher like you. Really you are teaching such a process, it is wonderful. I have never seen teacher like you. Thanks a lot sir. 🌹🌹
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In procedure established by law In 2ndly we check the validity of law To legislature pe to check lga hi diya naa As sc made 66A unconstitutional that act made by legislature To phir due process ka kya mtlb
When we talk procedure established by law ,sc checks the validity of law on the ground of merely procedure of making law.on the other hand when we talk about due process of law,sc checks validity not merely on the ground of procedure of making this law but also it should align with right,just and fair intention.so in a way ,with procedures established by law ,sc can't go beyond just law and questions about intention of legislature. So due process of law is evolution of concept of procedure established by law.so it's matter of difining different between judicial review and judicial overreach.
@@hareshpatel9030 Can you please help me understand this - In the test of validity of Sec 66A of IT Act, 2000, it is argued that due to Shreya Singhal Judgement, the law is not valid. Then how do these invalid, unconstitutional laws exist and arrests are made under these sections despite Supreme Court judgements.
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Yeah bro now our judiciary don't due process of law is explicitly in our constitution but it is implicitly and in recently manly cases our apex court followed due process of law on the basis of principal of natural justice
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Thanks for your videos sir. The questions you mentioned important for prelims were in the hpas prelims today. And your lectures were actually all around my ear like u were explaining that vary time to mark answers. Thank you sir
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Sir, can we say that it's all the matter of Discretion.... whether procedure established by law before, procedure established by law inherited with due process of law after Menaka Gandhi case... And in all such matters.... .... Big fan of yours sir.....This Knowledge series is a lost and found Nalanda....
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How can one decide intangible matter like intention of legislature bcz it is subjective phenomenon so again it is up to discretion of judge to decide whether it is right,just and fair or not so.i think that principal of natural justice is very vague concept itself.if we can't trust intentions of our elected ones how can we trust intention of non elected judges?..it is matter of judicial overreach and it does not align with seperation of power itself.
Justice Frankfurter advised B.N. Rau to avoid the due process clause in the Indian Constitution because it imposed an “undue burden” on the judiciary. Consequently, in 1949, the phrase “due process of law” was dropped from the text of what was to become Article 21 of the Indian Constitution, despite what appeared to be strong support for the clause on the sub-committee on fundamental rights.
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One question sir : procedure stabilised by law is there in the constitution. But due process of law is not written. Then How sc can bring this concept by its own ? Has SC this power? Can SC bring more new concept in future?
Yes supreme court has power and final authority for interpretations of our constitution.by using this ,they have introduced these concepts it may vary with time as we see sc sometimes supercede previous sc judgement and make changes.for example maintaining basic structure of our constitution is not written anywhere in our constitution but sc had interpreted this way and gave judgement kesavanad bharti vs union of India that legislature cannot amend basic structure of Indian constitution.
You said in the 2nd condition of PBL that - it should be a VALID LAW. Isn't it the same meaning as Due Process ? What is the difference between VALID LAW AND FAIR LAW ?
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I think this will answer your question Court will see if the executive has slapped you on the basis of a valid law. If there is such a law, court will not care. But it will not look into the fact if this law is reasonable or fair. This in a way exempted legislative.
