Reserved Seats Case - What will the government do now? - Hamid Khan's Legal Analysis - video Dailymotion

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00:00Sir, the government has in so many words, in fact directly said that they are not going to implement this decision.

00:06The election commission is still silent, although there is a damning charge sheet against it.

00:11It was also in short order, but now the way it has openly spoken about its character, there is also silence from there.

00:16And the government says that we will not accept the decision.

00:19So will they force the government to make a decision because they are saying that we are not happy with this,

00:23we will go to the review, they will create more legal complications.

00:27Look, it is their right to go to the review.

00:31But by going to the review, they do not have the right not to make amendments to the decision.

00:38In the same way, the amendment to the decision can stop if the same court in the review,

00:44that is, the Supreme Court, suspends its decision.

00:48That has not happened, that decision is in force, it is in the field.

00:52It is the duty of the government and the election commission to make amendments to it.

00:58And they are doing the wrong thing legally.

01:03They are not making amendments to the constitution without making amendments to the decision.

01:08But Mr. Amit, they are saying that this is a rewriting of the constitution.

01:12Because the article 51 of the constitution is also in front of me.

01:15The law minister was quoting it and saying that since it is clearly written that within 3 days,

01:20the Jamaat that has joined, you cannot say again that it is a decision of the Supreme Court,

01:25that within 10-15 days, you have to figure out again which Jamaat you want to go to.

01:29You are overwriting the constitution.

01:32Listen to me, because it is the job of the Supreme Court to explain the constitution, not the law minister.

01:40The law minister has no job to say what is in accordance with the constitution and what is not.

01:44That is a part of the executive body.

01:47Article 190 of the constitution says that it is necessary for every executive body

01:54that it should act in aid of the Supreme Court.

01:57It cannot be more clear than this.

02:00So if you look at the dictates of Article 190,

02:05it is clear that the election commission does not have any option

02:09and neither does the executive, that is, the law minister or for that matter any minister,

02:17the government does not have the option that it should not act in accordance with the decision of the Supreme Court

02:23or whatever direction the Supreme Court has, it should not take it further.

02:30But Mr. Amit, we have seen that many times in the last two years, the decision of the Supreme Court has been rejected.

02:36Mr. Bandyal's court, Khyber Pakhtunkhwa, the elections in Punjab were not held.

02:41It was a weak, divided bench, a court.

02:45After that, it was thought that maybe it will not be so clearly divided again.

02:49Even now, it is not such a united court.

02:54Now how will they implement their decision?

02:57Look, the thing was that at that time, I think it was Mr. Bandyal's mistake.

03:03He should have implemented his decision.

03:06If he had dared to do it at that time, then we would not have had to see this day today.

03:12But anyway, he is not an example, he is not a president,

03:17that once the Supreme Court has failed to make its decision,

03:23then it is not that it has become powerless in this matter.

03:32I think that at this time, the Supreme Court has to take a clear position that its decisions will be implemented.

03:42Now, as far as the division is concerned, that is fine, the majority is the judgment.

03:47One minority, two judges or three judges, the controversial note is part of the judgment.

03:54But the effective and applicable judgment is that of the majority, that is the judgment of the court.

04:01But sir, if…

Reserved Seats Case - What will the government do now? - Hamid Khan's Legal Analysis

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