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SERIES
  • 7/2/2025
Transcript
00:00:00so we are dealing with lesson number two Constitution of India so it's a very
00:00:24important topic as we have discussed so when we talk about Constitution of India actually we
00:00:32talk about our democratic country so earlier it was kingdom-based monarchy rule so there will be
00:00:40one king and that king will be making rules and the citizens or the public they have to follow
00:00:46that king's orders and rules or whatever it is but thereafter after the Britishers came inside
00:00:53India they overruled us and Britishers came inside India they overruled us and we got discriminations
00:01:02and so many things went on so we fought for our freedom and obviously we know that we celebrate
00:01:08two days for this case one is 26th January as Republic Day and 15th August for Independence
00:01:16when we got independence is 15th August 1947 but the Constitution of India that is we had our own
00:01:24written Constitution Constitution means the Charter we have our own written Charter from the year 1950 on
00:01:32so these two days are very important dates in our history and to give importance saying that
00:01:43it's a democratic country we have to refer to our written Charter that is Republic India we say that
00:01:48it's Republic India so I'll go for the lesson outlines and the learning objectives this is a very important
00:01:54topic where you can expect 20 marks plus if I want to give the range of marks 15 to 25 marks you may get
00:02:03expect from this so such an important topic so please don't skip any heading under this topic it's quite
00:02:09quite very important not only for example part of you for a professional understanding also so
00:02:13whenever you become a professional qualified profession definitely you need to know what
00:02:19actually our laws are how our laws are based on what so there is a lesson outline learning objectives so
00:02:26we'll go for a small intro of our Constitution broad framework of the Constitution yes we'll go through
00:02:31preamble yes it's a very important and beautiful part even a school child a seven standard kid
00:02:38eight standard kid who learns social or civics in a school not even seven standard eight standard my
00:02:45daughter studied enough standard itself Cambridge curriculum preamble of our Constitution in social
00:02:51in social or civics you learn about our Constitution the preamble the structure the preamble is something
00:02:57what you how to understand the act about this when you see when you just listen to some music or story or
00:03:07you watch some movies like okay before watching the movies you were just want to get a review of on
00:03:13what base the movie is made of the movie is a comedy movie okay or the movie is a romantic movie or the
00:03:22movie is a action movie we want to know the line the theme of the movie right then only if you come to
00:03:29know this is a action movie then you will see the movies each and every scene is designed in such a way that it
00:03:35creates some revenge or something on that sometimes it happens to be a thriller movie then you will focus
00:03:40on each and every scene see when it is a movie full of comedy you may not focus each and every scene
00:03:48because if you skip any scenes also you'll understand but in the case of thriller movie each and every scene
00:03:55will have a detailing so depending so you check that in the web series or in the ott platform you
00:04:02find there is a thriller movie then i'll be just thinking i should not watch thriller movie i when i
00:04:07find a relaxed time when i want whenever i want to relax i don't i will not watch thriller movie
00:04:13because each and every detailing is important if anything is missed then you will not understand the
00:04:17story you will not find the link but it's a comedy movie if you miss two or three episodes in the
00:04:23web series also you can easily understand the end this is what you call a preamble preambulance
00:04:29what is the main aim to know about the constitution to know more about our indian constitution and the
00:04:37structure what type of structure we have like a government structure yes fundamental rights plays
00:04:41a very important part but see we say it's a republic india it's a democratic india is made for the people
00:04:47by the people and of the people then the citizens of india what rights they have because again when
00:04:54we say this is republic india and we appointed chief ministers and prime minister again we cannot have
00:05:01their orders to be passed on us we the citizens have our own rights right so what are those rights so
00:05:07what do you mean by fundamental rights and what are those rights it's defined what is the status state
00:05:13means usually we call government it can be understood in a colloquial sense as government
00:05:17but government includes only central and state government here the state includes in a wider angle
00:05:22so we have to go in a detailed mannering for state just the availability of fundamental rights yes
00:05:28we'll go talk more about fundamental rights right to constitutional remedies if your rights are taken away
00:05:33what rights what remedies you can have sometimes it happens that few rights are enforceable that happens to be
00:05:40fundamental rights and few rights cannot be enforceable okay so those are stated that is
00:05:45fundamental rights are those which are enforceable by each and every citizen but when we talk about
00:05:51directive principles of right policy there are some rights which are still not enforceable even though
00:05:55you call it as a republic india and democratic country what are the fundamental duties it's not only
00:06:01rights you have you have also the fundamental duties ordinance making powers yes we know something we call it
00:06:06as act something sometimes we call it as bill and sometimes we call it as ordinance so what is
00:06:11the ordinance making powers we'll check on this and legislative powers of the union and the state
00:06:16so what is the power given to the central government what is the power given to the state government
00:06:21and how far the parliament is taking the power to make laws on state list so we'll be discussing on three
00:06:27list one is union list state list second one third one is concurrent list and this heading deals about
00:06:35a power of parliament to make laws on stages then we'll go for freedom trade and commerce and intercourse
00:06:41that is being in india you are a republic of india you have the right to do any type of business
00:06:48commerce etc and constitutional property relating to state monopoly yes the state governments have their own
00:06:54rise to make decision for their people the people in that state the judiciary system yes we have the
00:07:01judiciary system the high court supreme courts what is the jurisdiction they have what are the risks that
00:07:06can be found passed how the powers are separated what is the legislative function and what are the
00:07:12parliamentary companies so we'll go one by one in detail actually it's a very detailed topic it's not a
00:07:18simple topic you have to understand each and every word sometimes you may feel like you're taking one
00:07:26page half an hour also doesn't matter i'll try to help you with each and every para i'm not going to
00:07:33skip even one single para and sometimes i'll not skip with one single line also i'll help you out with each
00:07:39and every term just come along with me and as you know my style of delivering the lecture i'll make some
00:07:45circles i'll make some tick marks that will be definitely helpful for you so kindly pay keen
00:07:52attention because it's carrying around 20 of the weightage in your exams so learning objectives usually
00:07:58learning objectives i'll just go go through and i'll just give a gist but this time i'm going to go
00:08:03word by word it's quite important what is that india is is a sovereign socialist secular democratic republic
00:08:14with the parliamentary system of government
00:08:19so i'll just go this way the reverse republic that is reunited okay what is democratic
00:08:29democratic means it's by the people for the people of the people so we are not talking about
00:08:34uh what kingdom rule we are not talking about monarchy what is secular yes if you want to talk
00:08:40about india we have different culture different religion but the constitution of india should not
00:08:46be religion based it is like the hindu should rule muslim muslim should rule no it should not be of such
00:08:54time it should be non-religion based whatever the rights you give especially the fundamental rights we
00:08:59were talking about whatever the rights you give the rights has to be properly properly given to each and
00:09:05every person so not thinking of the region of the religion of whatever it is socialist country
00:09:14socialist country which means everybody should be treated equally equality is a theme
00:09:22and sovereign country yes we have our independent uh structure that is we have the independence
00:09:29sovereign means we have the government structure and all usually used to say in a colloquial term
00:09:33we have the independence we are not relying on others so we have the independence this is what
00:09:38you call us india is a sovereign social socialist secular democratic republic with the parliamentary
00:09:44system of government so we have the parliament so parliament is making the laws and that law is being
00:09:49followed by the whole of the people is governed in terms of the constitution so everything is a return
00:09:56one not a oral one it's a return one and everybody has to follow all our laws are derived their
00:10:02authority each and every person or whenever a law empowers a person then only that person gets a
00:10:09right see when we discuss about competition act when we discuss about consumer protection act when we
00:10:14discuss about uh pension fund or whatever it is we give power to the supreme court sometimes we give
00:10:20power to the authority sometimes so whatever it is it is being taken from the laws only and forced from
00:10:26the constitution the constitution the constitution has made to do it the preamble sets out the aims and
00:10:31aspirations of the people of india what the constitution is about aims and aspirations of
00:10:38the people of india when once we say the country is a democratic country then each and every citizen have
00:10:44their own right called as the fundamental rights at the same time you cannot override your rights which means
00:10:50that saying that you want to execute your right you cannot disturb others the constitution of india
00:10:56came into force on january 26 1950 with 395 articles divided into 22 parts with 12 schedules and the
00:11:06important heading of fundamental rights is being taken from part three of the constitution and the
00:11:11directive principles of state policy that is some rights are not enforceable even though it looks like
00:11:16your rights but it's not enforceable so those cases are certain directors which are the guidelines for
00:11:21the future government to lead the country so it's also giving certain directives or directions like
00:11:28how to lead the future government it lays down executive power of the union which shall be vested with
00:11:33the president and the executive power of the state is vested with the governor and all executive action of the
00:11:41state can be taken in the name of the governor and the supreme court is the highest
00:11:46court of a country and that is being created by the constitution so the subject here is the abiding
00:11:54interest and is constantly in the process of development and the basic objective is we need to
00:12:00understand to better understand all the laws in a right way right so this is the preamble of the
00:12:06constitution so if you go and refer the constitution of india the bar act you will find these lines so we
00:12:12have discussed this earlier the preamble states we it's a very beautiful line right the people of india
00:12:18have solemnly resolved to constitute india into a foreign socialist democratic republic sorry secular
00:12:26democratic republic and to secure to all its citizens what to give justice what type of justice social
00:12:33economic and political justice liberty that a freedom freedom of war to think express belief faith and
00:12:40version equality you know equality is about socialism status and opportunity and to promote among them
00:12:47all fraternity the dignity of the individual should be maintained and the unity and integrity of the
00:12:53nation has to be maintained so these are the things being pronounced in our constitution assembly this
00:12:5926th day of november 26th day of november 1949 do hereby adopt enact and give to ourselves this constitution
00:13:09you may ask me it's 26th november 1949 ma'am but we adopted as 26th january 1950 onwards okay so this is
00:13:19being pronounced this is being stated as the member of the constitution on this date but we have the
00:13:24constitution of india from this day so we are heading with the first very very first hunting broad framework
00:13:30of the constitution you can just come along with me you can have the chapter and material open you can
00:13:36just come along with it has come into force on 26th january 1950 it's a comprehensive document containing
00:13:43395 articles divided into 22 parts and 12 schedules apart from dealing with the structure of government
00:13:50actually the structure of government we are going to say it's a dual government or a federal government
00:13:55or unitary like it is making detailed provisions with respect to the rights of citizens of india and all other
00:14:02persons in the number of entrenched provisions so from article 13 onwards we'll discuss this in detail
00:14:09and apart from that uh what are the principles to be followed by the state in the governance of the
00:14:14country for the future government how to lead the future government yes is defined under directive
00:14:19principles of state policy all public authorities legislative administrative and judicial derive their powers
00:14:25directly from the constitution only from the people because we have the voting rights and this constitution
00:14:33reflects the basic principles and laws of a nation or state or any social group also maybe and then
00:14:40this determines the powers and duties of the government and guarantee certain rights it reflects the ideology
00:14:47and system of the nation and is the prime source of other laws you want to check there is another law
00:14:54called as rti act you want to check another law called as information technology act all these and so
00:15:01many acts we have all these acts are valid or what you want to check factories act actually rti and it act are
00:15:10very recent acts only 2010 and 2005 only we have but factories act is in the year 1948 you want to check whether
00:15:19this is still is an applicable yes we are all the factories are still applying or they come under the scope of this act
00:15:26but you want to check the applicability how you check the applicability then you must be aware of constitutional
00:15:32you need to check the validity of any law then there comes the necessity that you need to understand
00:15:38what the prime source of law says about so that's a very important thing preamble yes we have just
00:15:45gone in brief here we'll go in somewhat in detail what do you mean by preamble yes we have said this
00:15:51is the aims and aspiration of the people in india it's a part of the constitution why we say it's a part
00:15:57of the constitution means if you find any difficulty in understanding uh any terms or anything or you want
00:16:04to know the theme of the constitution then you can refer the preamble and check whether this is uh how
00:16:10can interpret it because if whenever we talk about acts and law the main problem is interpretation
00:16:16whenever we talk about any religion based issues we'll go and refer the preamble preamble says yes
00:16:22obviously we know preamble says it's a secular country which is non-religion based but obviously
00:16:27the constitution of india gives importance to the religion also right gives importance to religion
00:16:33also and also to provide justice liberty equality and fraternity to the people so has been given by
00:16:41the people to themselves so we ourselves are giving to our own self that's what they mean here
00:16:47so it's a republican character the polity assured is described in the preamble as sovereign socialist
00:16:55secular and democratic what do you mean by sovereign signifies it's externally and internally sovereign
00:17:02we have the own powers to make laws and we have to abide by the law hope you get my point
00:17:08we can make our own laws but once we make our own laws we have to follow those laws
00:17:15and sovereignty is in the strict and it implies independence all around yes as i discussed in the
00:17:20very first uh statement sovereign independence independence within and without the borders of
00:17:27the country and legal sovereignty is vested in the people of india and political sovereignty is between
00:17:33the union and the state that that is they make government emphasis what's the democratic character
00:17:41is given that the adult citizens have the right to vote to elect the representatives and responsibility of the
00:17:48the executive to the legislation so when we say the democratic character we have the right what
00:17:55what right right to vote so once you get this right to vote then you are getting the full right to
00:18:00choose your leader am i right and this constitution aims to secure its people and to give justice what type of justice
00:18:09social justice economic and political justice so with respect to fundamental rights of uh citizen we'll
00:18:17be discussing in part three whereas in part four we have the director principles of state policy how
00:18:22we are going to achieve all these so achievement of the socialistic goal emphasized in the prayer
00:18:29that signifies that the government is of the people by the structure our government is
00:18:34uh we say it's basically federal but with certain unitary features actually we know the structure
00:18:43of a government we have central government and state government right when we say central government
00:18:48central government has given power to make laws which will be applicable for the state government also
00:18:54but sometimes state government is also given equal powers to make laws for their own people in their own state
00:19:01state if there is a tamilad government if there is a uh up government whatever the other state may be
00:19:09madhya pradesh or whatever the state may be they will actually here they are taking the help of this
00:19:16case of ananda bharati case which is state of kerala we have discussed this in detail where this case of ananda bharati
00:19:22from kerala uh opposed to the uh what is that land issue so we have discussed this one so from this
00:19:33judgment which is made by the majority of the supreme court judges says that it's a federal feature from
00:19:38the basic structure of the indian constitution after there was some cons there was some controversy also
00:19:45whether we don't know this is a federal system or unitary form of government unitary means completely
00:19:51relying on central government this is what you need to do federal means dual we say central
00:19:56government plus state government most of the time it looks federal but in most of the cases
00:20:05it looks central government issues just to decide whether our constitution is federal unitary or
00:20:12quasi-federal sometimes it happens right especially in the case of gst you might be knowing we have cg gst
00:20:18central level and state gst for the state level so what happens here is the amount which you collect
00:20:27as gst is being shared by both the governments and quasi-federal means sometimes it looks like it is
00:20:33being shared by two governments but still uh some cases there may be where the structure may be quasi-federal
00:20:40how are you going to check whether it's federal quality there is a federal system federal means
00:20:47many power don't get conscious with the term federal is many the essential features are check for dual
00:20:54government second how far the powers are distributed what is the supremacy of the constitution third
00:21:01fourth fourth whether the judiciary system is independent whether they have a written constitution
00:21:09and is there a rigid procedure for the amendment of the constitution the sixth point is important
00:21:14let me repeat the points here first point is dual government that is as you check with india
00:21:21we have both the same state government and central government distribution of past how the state
00:21:26governments are this uh central governments are distributed with the powers supremacy of the
00:21:30constitution yes whether we have to follow the uh constitutional that is we have the constitutional
00:21:37fundamental rights for the citizens we have to follow that how far the constitution is playing an
00:21:41important role independence of judiciary system yes we have the judiciary system with respect to supreme court
00:21:47being the highest power quote written constitution yes from the year 1950 onwards we have the written
00:21:54constitution constitution and a rigid procedure for the amendment yes it's a very beautiful point the
00:21:59sixth point where in case see that if this has this constitution has come in the year 1950 but almost we are in
00:22:062020 plus am i right 2020 plus so 2020 plus if i say it's almost 70 years done but is the constitution which was
00:22:16given to us in the year 1950 is still applicable so we need to make some changes right we need to we need to make some
00:22:23amendments here so that's what they say if there is any procedure given in the constitution to make
00:22:29the amendments yes so if all these points are being or the essential features are being taken that is
00:22:38satisfied because the system is a federal quality or federal system so if you check with our case india
00:22:46in india in india different levels we have union and state government yes which means many governments
00:22:54this has been distributed among them by various lists the seventh shield we have union list we have state
00:23:01list and we have concurrent list union list is for central government state list is for state government and
00:23:08concurrent list where central government and state governments have the powers here
00:23:12cc point both union and states have to follow the constitutional provision yes whatever the laws are made whether the
00:23:20central government make the laws or the state government is making the law why not we have indian stamp act
00:23:26whenever the stamp duty is paid we have the overall act for the country and also tamil nado and other states have their own act
00:23:35whatever the acts you make you have to follow the constitutional provisions and d point the judiciary is independent with respect to the judicial
00:23:40matters and they can test the validity of the
00:23:45independency with respect to supreme court where it desires a dispute between the union and the state yes supreme court is the highest support of india and if there is any dispute between the union and the state then definitely
00:23:54uh supreme court is given the highest power to check with the states and also not only with the union and states and also with the states and states states in the sea and e point is the supreme constitution is the supreme and if it is to be amended you cannot just amend like that you have to be amended like that you have to be
00:24:08you have to follow the procedure and this procedure is stated in article 368 of the constitution so
00:24:16from the above points discussed we say that it has federal features does not establish to coordinate
00:24:24independent governments but the governments coordinate cooperate and elaborate in each other effects to
00:24:30get the ideas from the beyond so this is from as per the normal case but what happens in the judicial view is
00:24:39whether the constitution is federal form or unitary constitution with some federal features yes
00:24:45there's a very beautiful point actually you may expect a question like this whether i'll just open the
00:24:51quotes here whether the indian constitution has a federal form of government or a unitary constitution
00:24:55with some federal i close the quote from here to here you may be stated as a line as a quoted line
00:25:03and you may be asked to discuss then you have to discuss all these things also
00:25:09so it looks like checking off all the essential features which we discussed about it looks like
00:25:14it's a federal form of government but sometimes even the central government oh sorry yes even the state
00:25:21government is given the powers to make their own laws to the own states when you go for united states
00:25:27of america you see you know we have south america we have north america you might have studied in geography
00:25:34or you might have seen in the world map when the name south so united states of america says the america
00:25:41has many states and those states are united and you might have heard that uh there is a something called a
00:25:48dual citizenship so this also is very important which means in india we say that there is many
00:26:02government that is central and government but it's all united so unitary constitution with some federal
00:26:09features so is that right checking all these essential features to say whether the constitution
00:26:16of us is completely federal no it's unitary but with some federalism so we have to come across with
00:26:24many cases uh which is being uh taken care with the supreme court and high court and some observations
00:26:30are made and the judgments are given depending on the contest and it's understood accordingly
00:26:36so to check with indian federalism so now we are particularly coming for indian federalism
00:26:41we are going to check with some fundamental aspects first this mode of formation how it is being
00:26:51formed so as i discussed an american system is formed by an agreement between a number of sovereign
00:26:56and independent states that's why we term this is united states of america
00:27:01so this is an autonomy autonomy like a new central legislation is there but there's an alternative
00:27:10mode of federal federalism when you check with our other nations but when you check with india it is
00:27:16thoroughly centralized unitary constitution which means that if you are born in india the geographical area
00:27:24i mean if you're born in india then you are a citizen of india centralized unitary constitution if you're born in
00:27:32pondicherry if you're born in ramesh from your if you're born in cashmere if you're born in uh
00:27:37any other myanmar or anything any some cities like or states like you are called as a citizen of india as per this
00:27:49but whereas in canada it's totally different so usually we'll compare with other nations right we are not going to
00:27:54compare our india second what is the position of the state in the federation yes in the case of
00:28:00federal system there are number of safeguards are protected to protect the state rights and here
00:28:04was here also we have actually we did not have sovereign entities before but after that it's been
00:28:11exercised by the union only so that's the respiratory powers which is given in the concurrent list
00:28:17citizenship yes i told when you go for american constitution we have dual quality of people
00:28:24citizenship double set of officials double set of codes everything is dual dual dual but here it is
00:28:30single citizen of india no division of public services or jewish fourth subsidiary path is vested with the
00:28:38union so if any power is not covered then it may say it's being covered for the union that is the central
00:28:45government so checking all these above things we check that india is neither purely federal and purely
00:28:52unity so it's a combination of both so they state in spite of federalism the national in the national
00:28:59interest out to be paramount as against autocracy step with the establishment of supremacy of law so we
00:29:04completely completely rely on the supremacy of yes when the constitution wants to give liberty to the people
00:29:15with respect with respect to thought expression belief faith worship and to give equality of status and opportunity
00:29:28and fraternity assuring the dignity of the individual see we say that we have the right to live
00:29:35right to live is nothing at all right to live dignity is the main thing you have to follow
00:29:39so one is focusing on liberty one is on equality and one is on fraternity so keeping all these things
00:29:50in the mind which is being stated in preamble it becomes a very much necessity that the fundamental
00:29:56rights play a very important role which is being dealt under part three of the constitution
00:30:02so when we talk about this fundamental rights it's actually we are going for a small historical background
00:30:07so we are going to refer some past years data and all so it's beginning from 17th century that the
00:30:15man by birth has certain rights once you are born you have some certain rights in the universe of the
00:30:22universe and also it's inalienable which means it's there within you you need not go and search outside
00:30:28it's there within you and could not be deprived of them you cannot say that no you cannot say that or
00:30:36you can never say just take away this right this right is there within yourself so to deal this in
00:30:43concept we are just taking the help of these named rosiah lock montesky and blackstone to note them in this
00:30:49contest and with this is with respect to american independence 1970 sorry 1970 76 that all men are created
00:30:57equal they are by the creator with inalienable rights so whatever it is with respect to life
00:31:03liberty and happiness also it has been considered that man has certain essential basic natural and
00:31:10inalienable probably if you are not aware if you are not comfortable with this term in alien alien is
00:31:17something foreign not within us okay alien means foreign okay something not in you
00:31:24in alien means not foreign which means in you it's very simple is it okay in you so whenever you are
00:31:36born you have the uh right to enjoy your life liberty and happiness and whatever it is and everything
00:31:43is there within you only you need not go and search outside it's given to you once you're born you're
00:31:48it's given to you it's by birth is it okay and it's a function of the state to recognize this right
00:31:55says definitely you may say that i have the right to walk i have the right to live i have the right to
00:32:01smile i have the right to cry yes you may have but the law has to be recognized and also you may say i
00:32:08have the right to kill also if you're killing an ant that doesn't matter if there is an ant sitting in
00:32:15your legs and uh pinching you what you will do either you'll just rush that push that away or you'll kill
00:32:22that time am i right but the same thing you cannot do to a man because each and every man born has his
00:32:30own rights by birth you may say you may say that he's so very disturbing me ma'am that's why i killed
00:32:36him no you cannot say that you have the right to speak you have the right to laugh you have the right
00:32:42to smile but you don't have the right to laugh at another person is it right so allow them to free
00:32:50place so that human liberty may be preserved maybe developed and obviously cultural economic and
00:32:56democratic life may be provided promoted so this should be entrance in such a way that you should
00:33:02not be interfered with the other majority whatever you do it should be the enjoyment the happiness which
00:33:11you enjoy so we have some written constitutions especially after the worst world war which is
00:33:16guaranteeing right of the people and forbidding every organ from interfering the same which means
00:33:21no government no such government have the right to interfere in your rights no government can say
00:33:29that you don't have the right to vote am i right and i said this is a part of history the para we are
00:33:36dealing here with this part of history first we are dealing with the question in england so so when
00:33:43you check with the constitution of england it is actually unwritten so there is no code for fundamental
00:33:48rights so in the doctrine of sovereignty see this is all with respect to england okay you may expect
00:33:55this question you don't think that we are studying only constitution of india only will not get in
00:34:00england no you may get this question also you will not have a check on the power of the constitution at
00:34:07all it has free or freedom to make any law because there's no constitution is unwritten that means there
00:34:14is no proper recognition for the constitution and there is no proper basic rights of the individual
00:34:21they cannot say this is the right of the individual and that is the right of the individual
00:34:26so there is no constitutional guarantee also but on public opinion or on good sense on based on the
00:34:30common law they are enjoying their rights so that's only the small basic difference but when you say
00:34:38the other case is america they have clearly said what is the main purpose of the bill with respect to
00:34:45the fundamental rights to withdraw certain subjects from the visitors of political controversy to place
00:34:51them beyond the reach of majorities to establish them as principles to be applied by the actually
00:34:58when they were defining with respect to the bill of rights especially the fundamental rights
00:35:01they want to withdraw some subjects with respect to visitors of political controversy which means
00:35:08visitors means not static often changes right sometimes it changes uh political wise it changes
00:35:17see obviously when you talk about india uh we have so many political parties central level and state level
00:35:23each and every time the political party rules changes the fundamental rights should not change
00:35:29change that's what they say so that actually if you find anything which is not static it's not static
00:35:36means what all is changing it may be favorable sometimes it may not be favorable sometimes so in that case
00:35:43they are withdrawing the case here which means that the fundamental rights for a citizen is a one which
00:35:49should not get changed each and every time no need to look for the majorities and what the officials
00:35:56think it has to be given and we need to establish legal principles to apply by the police it was very
00:36:04beautiful so the fundamental difference between the individual rights between england and united states
00:36:10is that is very simple with respect to english we have the and she has to protect laws from the abuse
00:36:16of executive power whereas in the framework of the american constitution is of tyranny not only for the
00:36:22executive but also for the legislation so it comes so it comes for england it comes only with respect to
00:36:28executive part which means that there is there in execution but when you come for america it is
00:36:33there in law and also execution so judiciary plus execute both they will fight for the freedom but whereas
00:36:42in the american they went further to asset that they have their own law also people so when you check with
00:36:49the american bill of rights which is having first 10 amendments of the constitution is equally binding
00:36:55upon legislation and upon the uh executive legislators what i termed as judiciary so we have a judicial
00:37:02supremacy as opposed to parliamentary supremacy in england they don't make laws but they execute it but
00:37:10in america they make laws that's why you see it is judiciary is it okay
00:37:13now we'll go with respect to position in india so we have checked with england we have checked with
00:37:22america now we have to check with what is the position in india so when we talk about india usually
00:37:28whenever we go for any particular things to happen we'll go for forming a committee and forming a
00:37:35commission in such way the simon commission and the joint parliamentary committee have rejected this
00:37:41declaration of fundamental right saying that if this exists that it may not be effective and all
00:37:47then the nehru committee so you know nehru mama right nehru committee recommended the inclusion of
00:37:53fundamental first it was rejected by this committee and this commission then because of the nehru's
00:37:59committee recommendation this was included in a constitution although we had that because
00:38:07our government of india act we have from the year 1935 but still we have we are under the british
00:38:13control only the demand of the people was not met by the british parliament so british one was not ready
00:38:21to keep our demands right so as a result as a result they were successful in getting a recommendation
00:38:28being included in a statement on this year by the cabinet commission cabinet mission means the then
00:38:35present constitution so to give effect to the constitution making body which will adopt some
00:38:41rights so there a constitutional assembly was formed to work in the year 1947 december month so this is
00:38:50after independence am i right this is after independence so the objective resolution that
00:38:56pandit jawaharlal nehru moved for the protection of certain rights to be provided in the constitution and
00:39:01that right is being termed as fundamental rights under part three of the constitution and they are
00:39:07taking the help of this case law prathaf singh was the state of jargon that this part three of the
00:39:11constitution is substantive as well as procedural rights and his implications which arise them as
00:39:17efficiently be protected by the judiciary it's very simple if you go for taking a criminal law we say that
00:39:23we cannot kill a person right even the authority is not given to the police officer and the judges also
00:39:28but if this person has done a crime with mensaria hope you remember then that person may be hanged to
00:39:36death or life in prison may be given so generally there is a right that's why they follow certain
00:39:43procedure that's why they say it's a substantial and procedural rights here we are in the forthcoming
00:39:49heading we are going to discuss what are the inclusions are made by pandit jawaharlal nehru
00:39:54the constitution actually when you go for this part three which is dealing exclusive with fundamental
00:40:00rights this is giving actually six categories of fundamental rights followed from article 14 to 18
00:40:1114 and 18 with respect to equality 19 and 22 freedom 23 and 24 avoid exploitation
00:40:21against against against against exploitation with respect to religion freedom of religion you can
00:40:28practice any religion 25 and 28 cultural and educational rights you can practice or you can study any course
00:40:3629 and 30 and yes the very important right of constitutional remedies you have one equality
00:40:44two with respect to freedom against exploitation three with respect to freedom of religion four
00:40:50cultural and educational rights five if any of these five rights are taken away from you
00:40:57you just don't hold your hands and stay still you just take the help of article 32 to get your remedies
00:41:03of you it's all right see just imagine if this right is not there what will happen anybody will come
00:41:11and everybody will cheat and go am i right because everybody want to enjoy their life
00:41:14so this article the 32 plays a very important role so earlier to this we had article 31 which was giving
00:41:24the constitutional right to property that is you can own your property that is if you are born in india
00:41:31then it's a fundamental right you can own your property that was removed then it became a legal right
00:41:36which means that you have you have to actually get it transferred from the buyer the transfer you have to
00:41:41go for proper registration so it was earlier a fundamental right but now it is removed and it
00:41:46is called as a legal right so this is one important point to be remembered and when we go for article 12
00:41:53and 13 this is discussing what do you mean by state and what do you mean by law what do you mean by state
00:42:00state means we will not go we are not going to say the state has tamilnadu state and uh kala said not
00:42:05no no no such thing here state has a wider meaning which takes the uh step from central government state
00:42:12government municipal authorities local authorities every corporation is everything and law yes we'll
00:42:18define what is the law here is one is before constitutional and another is after constitution
00:42:24pre-constitutional and post-constitutional when i go for this definition i'll go in detail because these
00:42:29are the repeated questions article 12 and 13 have to go in detail with respect to articles 33 to 35
00:42:36so up to 32 is with respect to remedies right and article 33 to 35 deals with the provisions relating
00:42:43to the fundamental rights when you talk about fundamental rights you cannot say it's uh uh it's complete
00:42:51thing is given to you no it's not absolute no fundamental right is absolute some reasonable
00:42:56restrictions are given because each and every person have a fundamental right it's because
00:43:00your fundamental right you cannot hurt another person's life or liberty so to give a valid
00:43:05legislation usually we have to look for restrictions also so from this point of view when we discuss with
00:43:15article 15 16 19 and 30 it is guaranteed only to citizens you may worry when we say fundamental rights
00:43:26the fundamental rights are being awarded to the citizens ma'am if your question is this i just want to
00:43:32make your correction here the fundamental rights is for the persons in general okay persons in general
00:43:42so when we talk about persons it may be citizen okay and it may be for the
00:43:47of india or it may be for any person out of india also and also you know that we have done with
00:43:56company law right when you go for companies act and we when we say a company is properly registered under
00:44:01the act it takes a separate legal entity so it becomes a separate legal entity which exists in the eyes
00:44:07of law then it has the right to own a property owner properties capacity to sue and be sued so person may
00:44:16be in a different angle but here when we say this citizen citizens means all the citizens whether they
00:44:22are living in india or not okay so 15 16 19 and 30 are guaranteed only to citizen right to vote even
00:44:32if you're not in india if you're in some other country you have the right to vote in india because
00:44:38you're a citizen so likewise we are going to discuss a few more articles where 14 20 21 22 23 25 27 and 28
00:44:46available to any person citizen and also a foreigner when a foreigner visits india maybe for a tourist case
00:44:56or any official purpose or whatever it is in the search of whatever it is whenever he visits india he
00:45:02had the right to live in india with proper permission he has the right to speak he has a right to work
00:45:08whatever it is and see point with respect to 15 17 18 20 and 24 are absolute limitations
00:45:16which means which means that there are some limitations which is being defined from the
00:45:20legislative so we'll go with the definition of state from article number 12 what the state
00:45:30includes here is it's beautifully designed the government and the parliament of india
00:45:38the government the legislature of each states which means central government state government
00:45:46all local and other authorities yes within the territory of india or under the control of government of india
00:45:54may not be in india it may be outside india but it's performing the functions of the government probably
00:46:01indian ambassadors indian embassies and all you know it's not in india but they perform the functions
00:46:06they are under the control of government of india so this is a wider term where the state is being
00:46:13defined as very very important so when we go for the expression local authorities what do you mean by
00:46:19local authority here is is representing municipalities district courts panchayats improvement trust port trust
00:46:26mining settlement was everything is included sorry everything is included you need to include each and
00:46:34everything it's just they have mentioned here local authorities see the word here all local authorities
00:46:42all the local authorities which means it's having a very wider meaning it covers municipalities it covers
00:46:50district boards panchayats improvement trust port trust mining settlement was everything
00:46:56and in this case electricity board rajasthan versus mohanlal
00:47:00the supreme court had held so this is one case we are going to discuss here actually we will refer many
00:47:05number of cases here okay so one case is with respect to uh supreme court has held that other
00:47:11authorities will include all authorities see see all itself is taking a wider meaning and apart from that
00:47:18or other authorities is a word again taking a wider meaning so if any powers are conferred by law but any
00:47:26authority is given in any act and if they are engaged in performing government functions then they'll be
00:47:32called a state so this is one case law and another case law here here the calcutta high court has held
00:47:43to the electricity authorities is being a state because it's providing some uh support electric providing
00:47:50electricity support to the people so this is with respect to angur balapari case and there's another
00:47:56case law here so this is first case law electricity board rajasthan this is the second case law calcutta
00:48:03case angur balapari case and the third case law here it's a gujarat high court decision made with respect to
00:48:10president state yes beautiful point president is one single person yes we know whether he makes a state
00:48:19president has a power to make an order definitely you know whenever an act is passed the bill is being
00:48:27passed in two houses of parliament then they will get that there is lok sabha and rajay sabha then they
00:48:33will get it passed that is assent will be given by the president so this is the person only when the
00:48:40president gives his assent then only it comes as an act am i right so the person the president here has the
00:48:48whole order making power so president is a state beautiful beautiful right see statement is not
00:48:56office we are talking about we are talking about the functioning of the government get my point
00:49:03and the word under the control of government of india brings into the definition of state
00:49:08not only every authority within the territory but also those functioning outside also that's the last
00:49:13point and in this case bd supply company versus union of india state was interpreted income tax
00:49:20government also so we have so we have five cases in this para more and one is here six one it is
00:49:30discussed in this university of madras as a santa by case so you have a university at chennai university
00:49:35of madras uh uh it was in this case held that university is also an authority which means that
00:49:41it is also considered as a state uh subsequently in the next para also we are going to uh subsequently
00:49:47in the next para also we are going to discuss a set of case laws uh this para is going to be
00:49:52discussed on the concept of agency or agent so here is one first case law suktevs thing versus bhagatram
00:50:00and also in support of another case the rd shetty and this is international airports authority
00:50:07whether the corporations the body corporates or whatever it is acting as instrumentality or agency
00:50:12of government so probably it may be a government company or it may be working for the government
00:50:18then how could you term this definition of state here us would become state they say that if they
00:50:26are acting as a agency for the government then here in this case you can call them a state probably
00:50:32they may have some limitations definitely yes because they are carrying all the functions of
00:50:36the government but still they have the definitions though in the eye of law they would be distinct and
00:50:42independent legal entities so statutory bodies and non-statutary bodies that get financial resources from
00:50:49government will have deep pervasive control of government so we have ic arcsir ongc soil and
00:50:58natural gas corporation idbi electricity ports naffa delhi corporation are some other definition of the
00:51:05state so all these includes a list saying that this falls this this falls under instrumentality or agency
00:51:14of a state so depending depending on this case you can clearly say this is a state
00:51:21but there are some statutory and non-statutary which is not generally financed by the government
00:51:26if it is finance see when i pay when i give you some hundred rupees
00:51:32i'll be checking what this ex person is taking this hundred rupees from me and doing it it is one
00:51:39rupee or two rupee doesn't matter if it is hundred rupees or one lakh rupees or thousand or more than
00:51:44that i'll be definitely having a check on you what you're doing are you misusing the money or you're
00:51:49properly using it so in that case it becomes a state but when there is no finance by the government
00:51:55they will not come under this definition so what are those not coming under a definition of state not
00:52:04a state autonomous bodies cooperatives ncrt you know the cbsc if anybody is from cbsc port you will
00:52:11be knowing what is this ncrt so these are not coming under the state likewise there is a case law
00:52:17with the support of sandra mohon khanna versus ncrt that ncrt is not a state and satish nayak versus
00:52:24cochin stock exchange india here in this kerala high court has said that since the stock exchange is
00:52:31independent of government then stock exchange cannot be treated as other authority so it's not
00:52:36discharging any public duty and ajai hasiya case they have given the test like okay okay you give so
00:52:45many cases okay we understand but i'm going to face a new case what are the points i have to check
00:52:52that is what i have to check to know whether this is an instrumentality or agency of a state
00:52:57it's very simple check for the entire share capital okay sometimes the share capital there
00:53:05is a ownership may not be taken by the government but sometimes the financial assistance may be given
00:53:09to meet over the entire expenditure okay that may be considered sometimes the corporation may be enjoying
00:53:17a monopoly status and that is being protected by the state it's very important and the control who has
00:53:25the control that is a deep and pervasive state control yes it's being taken by the state government
00:53:30on any instrumentality then it becomes a state if the functions of the cooperation of a public importance
00:53:37and closely related to government function becomes a state so the government state government or indian
00:53:44state government or central government has to some uh thing to the nation but that is being carried out by other
00:53:50cooperation which is a public importance then we call this as a state that is instrumentality and if
00:53:57the department of a government is transferred to a corporation is a strong factor we say it as a state
00:54:04so all these six points say that if you have a confusion whether to conclude this is a state or this is
00:54:11a instrumentality or an agency or an agency of a state then it's very clear go and have this six points
00:54:19tested if any one's point satisfied also it becomes a state beautiful point and to further support this
00:54:28year there is an important decision made in pradeep kumar biswas which is indian institute of chemical biology
00:54:35to say whether csi c-s-i-r is a state so actually seven judge bench of the supreme court holding five
00:54:45is to two majority was holding hold it sorry held and this majority five of the judges said this c-s-i-r falls
00:54:56under the scope of article 12 which means they are declaring this as a state
00:55:01so if anything is not falling under this definition then you cannot take it away else
00:55:07you can and one more case with respect to z telephones limited versus union of india
00:55:14and this case was with respect to taken from the earlier one the reference with the earlier one held
00:55:20that board of control for cricket in india we know the bcci was not the state because it's not doing any
00:55:26public function is not financed by the government is not function with the government is not no
00:55:31no administration is being provided by the government no dominance no control then it's not a state so bcci
00:55:39is not a state csr existing and sometimes we need to check how we are going to check this is a state or not
00:55:48sometimes we will go with judicial nature if it is judicial it's not a state okay okay which means
00:55:57that we have specific law for that but if it is non-judicial which means what we have separate laws
00:56:05for that will not consider this as state but if there is no separate laws then it comes under the control
00:56:11of government then it falls under the definition of state so this last para is saying that although
00:56:19judiciary judiciary is an organ we have we know you know that we have four organs what are the four
00:56:26organs judiciary legislative executive and military these are the four organs of a nation
00:56:39in this military in this military in this military is being taken completely by central government
00:56:47but whereas judiciary legislative and executive are both being taken by central government and state
00:56:54government so these are the four organs of india of us nation so if you go for the judiciary it's
00:57:01uh one of the organ of our state like we have executive like we have executive and legislative
00:57:07but what article 12 here is talking about is if there is any law we don't consider this as state
00:57:14so where the court performs judicial functions we need to check whether it's a determination of the scope
00:57:20so generally what in this uh reference they have said here is the case law it will not come under state
00:57:27but if anybody is executing non-judicial function like rule making powers which is contravening the
00:57:36fundamental rights then the same can be treated as a state so non-judicial functions come under the
00:57:44definition of state whereas judicial functions will not come under the definition of state please make a
00:57:49para this para a keen focus because it's giving a different understanding for six state okay just
00:57:57availability of fundamental rights which means that how far the fundamental rights could be given to the
00:58:02citizens is that justifiable so this takes this takes place from article number 30 so we are actually
00:58:13interpreting here with respect to the rights how far it is consistent and how far it is not consistent
00:58:19that is we are going to discuss two case here one is existing loss and another is future loss
00:58:26or you can say existing loss means which is already existing or you can term this as pre-constitutional
00:58:33laws which is already existing am i right see our constitution of india has come in the year 1950 only
00:58:40any act any law which has come prior to this so if i have a timeline like so this is the point where
00:58:50we have the indian constitution from the year 1950 that is 26th jan right 26th jan any loss prior to this
00:58:58is what we call as existing loss and any loss after to that is called as future loss so future loss yes
00:59:05it's extending we are almost in the year 2020 plus it's just extending and extending what they say in the
00:59:13existing laws that is pre-constitutional law is it is law which is already existence which is a pre-constitution
00:59:23when we talk about this constitution of india 1950 they have said that
00:59:27and as for the fundamental rights discussed in part three if we find anything is inconsistent
00:59:35that is contrary with respect to fundamental rights that has to be removed which means that it becomes
00:59:41void it is invalid not valid not valid so void when you go for future loss forced to constitutional loss
00:59:53future loss future loss means what made after the commencement of the constitution so it comes
01:00:01into the force shall not make any law which takes away our averages the rights conferred by the party
01:00:10now what you are saying man you're just reading from the book ma'am yes i'm just reading from the book
01:00:16i'll repeat it again please focus here after the constitution comes into the force
01:00:21the state shall not make any law which takes away our averages the rights conferred by patri see if you
01:00:32have the existing laws which was made before 1950 constitution of india then we will not know neeruji has not
01:00:41funded neeru javala neeruji has not made any fundamental rights for the citizens after that only we have the
01:00:48part three fundamental rights so hereafter you should not make any mistake right am i right
01:00:55hereafter you should not make any mistake that's what the future law is if it is already made and if
01:01:01it is inconsistent it becomes void okay but the laws which are made after coi 1950 cannot be inconsistent
01:01:12if it is earlier made it is made void but after that you cannot make it inconsistent which means that
01:01:22you cannot make anything contrary to the fundamental rights it is shall be void to the extent with respect
01:01:31to any contrary made to the right so this is taken with the help of state of panjab which is dalbis
01:01:36saying clearly prohibiting of any law that's what i'm mentioning here prohibiting the constitution
01:01:43clearly prohibits if anybody is taking away the rights which has conferred in part three of the
01:01:49constitution that is with respect to fundamentals so when we talk about the word law in article 13 13 it
01:01:58clearly explains any ordinance so we know the ordinance is something emergency we cannot wait till the
01:02:04president to pass the orders we have to make it we see when when a law has come when an act comes into
01:02:10existence it has to be passed by log sabha and rajya sabha okay log sabha and rajya sabha then by the
01:02:17president but we cannot wait for that we cannot wait for the log sabha and rajya sabha to pass because
01:02:22these houses of parliament are working for us only six months then the president has to give the assent
01:02:28so it seems like a lengthy process but we want to make an emergency sick where the president will give the
01:02:33assent but it's not permanent that's why we term this as ordinance and not act any order may be
01:02:42passed any bylaws may be there rules or regulations may be made sometimes the notifications are sent the
01:02:48custom or usage in the territory of india is different because we have different religion and different
01:02:53culture everything is put under law the religion based law the personal law everything is put under the
01:02:59definition so so we have to refer article 12 for the definition of state and article 13 for the
01:03:06definition of law and is not exhaustive we cannot say this is only law each and everything today morning
01:03:12i get a notification passed by the central government saying we have to follow this year only
01:03:18get up get up more get up early in the morning six o'clock six a.m have arugampul juice you know
01:03:26arugampul juice it's very good for health if this is made as a law or bitter god power kha juice bitter
01:03:33god juice if this is made as law then no other thing you cannot sit and cry in front of your mom saying
01:03:40that i don't want bitter god juice if this is made as a law then each and everybody has to follow
01:03:45but luckily we don't have these laws okay fine it does not speak of even making laws by the parliament
01:03:52which forms the largest part of the body because of this nature of the definition the issue came up
01:03:58before the supreme court as whether a constitutional amendment see already we were testing when we
01:04:04are testing the federal nature of the government the one-sixth point was given with respect to
01:04:09which procedure may be to there may should be there to go for constitutional if any fundamental
01:04:17right is amended as for the constitution procedure which means the constitutional right is taken away
01:04:27yes this is a very beautiful question right i give you a right and i myself take the right
01:04:33you're when in your school days you may be called as the head of the school in student's side not
01:04:41not the faculty or principal side you may be called as a head student of the school and suddenly at one
01:04:48point of time you are taken away that position as the head of the thing are you going to blame the
01:04:54principal or the management saying that you only gave the power and you are taking up the power no you
01:04:57cannot say that it's a beautiful point so here the court twice rejected that you but the third time
01:05:08in the famous golangnath case golangnath case is a very beautiful case where it was a levent bench
01:05:13court it was 11 bench discussing on this constitutional amendment of the fundamental rights
01:05:196th force in favor of golangnath saying that yes even a constitutional amendment would be why
01:05:29if it takes away the fundamental right please please make a note of it we have a few cases
01:05:40not few two major cases one case is case one in the bharati case and another case is golangnath case
01:05:47if you find time or at least search a time to go in detail with respect to these two cases
01:05:55golangnath case here is with respect to levent bench court where six gave the majority decision
01:06:00saying that even a constitutional amendment even a constitution cannot take away the fundamental right
01:06:08so then they added a new clause that nothing in this article shall apply to any amendment made
01:06:15under the article 316 so whenever they make any amendment they have to follow article 316
01:06:20so nothing can be taken away so article 13 came up for judicial review number of cases and
01:06:26codes have evolved doctrines so subsequently we are going to deal with doctrine of eclipse
01:06:32doctrine of severability and prospective ruling acquisitions etc to interpret this article 13 here
01:06:39beautiful doctrine of severability severability means separability whether you can separate see as we
01:06:48are discussing with respect to pre-laws and post-laws sometimes it happens pre-laws will not be
01:06:53consistent with the 1950 constitution of india usually i go with this example factories act
01:07:01actually when we go for child labor and all you know child labor
01:07:04after 6 to 14 years is the age where composite education is to be provided so this age you cannot
01:07:10make the child to work anywhere factories act earlier had provisions where the child can work but after
01:07:16this law is made see factories act came in the year 1948 after this provision came where what 6 to 14
01:07:24years is the age where you had to provide composite education to the children then there was an amendment
01:07:29made in factories act where the children can be admitted in the factory after 14 years so there was
01:07:37a small change in the definition also why this change because this with respect to child labor is about
01:07:451950 right but what is this act factories act came in the year 1948 which is a pre-law and we have already
01:07:52know that if it is a pre-law and is not giving the rights or is not consistent with the fundamental rights
01:07:58it will become void yes it gives a bad thing if something is inconsistent it becomes quiet but
01:08:05we need to check how far it is why it is not completely why we are not going to say that
01:08:10completely why we are going to check how far it is why to that extent only we see so that is done with
01:08:17the help of this doctrine of several which means that we are going to check whether it is separable
01:08:22separable means we we can check or what whether it can be divided see in the factories act 6 to 14
01:08:29years is composite education so above 14 can be admitted in the factory as a worker yes yes it's
01:08:33separable so up to this part alone the child labor is prohibited after 14 years yes you can accept
01:08:40child labor this is what is severable that is separable so severability or separability so yes it is
01:08:47severable and no it is not we are going to discuss two cases yes it is severable which means kindly make
01:08:56a note yes it is severable which means it can be separated which means what it can be separated then if it
01:09:04can be separated then that part alone is wired partly wired if it is separable no ma'am we cannot separate
01:09:15that is different and this is different ma'am we have to put it together ma'am okay then the whole
01:09:22thing becomes wired the whole act becomes water see the factories adding is it is easily separable that
01:09:29with respect to age we can avoid this or not then this factories act is completely severable which
01:09:36means that you can segregate the provisions so this is with respect to article 13 that is interpretation
01:09:43of article 13 that that part of the law alone will be declared invalid which is inconsistent and the list
01:09:51of the law will stand so it becomes partly wired and partly valid but if it is invalid that can be severed and
01:09:59declared if it is severable if it is severable if it is not severable the entire law will become invalid
01:10:05otherwise the entire law will become invalid this is what you call as rule of severability of doctrine of
01:10:10separately but you need to check how far it is possible to separate because when you separate if
01:10:17not misguide the law act right so how far it is inconsistent with the fundamental rights so to that
01:10:23extent of inconsistency only we are going to say it's invalid so only if one part is invalid the other
01:10:30part can survive independently without support so this is taken with the help of a k gopalan as a state
01:10:36of madraski's and this is from the ruling of the supreme court where it is partly invalid and the
01:10:42valid portion is severable from the rest then the valid portion will be valid only so it is sufficient to
01:10:48carry out over so this is doctrine of severability so so far we are discussing with doctrine of
01:10:57severability where this doctrine of severability is discussing what only with respect to pre-constitutional
01:11:03laws because once it is supposed to constitutionally you cannot make a thing opposing to fundamental right
01:11:11right so doctrine of severability is applicable to the pre-constitutional now of course with doctrine of
01:11:19eclipse which means sometimes it is made wired but in future we want to make it valid why it means what
01:11:27we have made the law to sleep which part to the extent which is severable and why it inconsistent was
01:11:35is made why it which is sleeping sleeping means what we use the other word dormant inactive now it is
01:11:42made valid active can you use this one see drug industry and all drug means medicine industry and
01:11:49all a few medicines you cannot use am i right few medicines you should not use at the same time these
01:11:56medicines will save many of the person's life in the medicine the hospitals so whenever you
01:12:05might have seen in some patients report and all you will find that the drugs we use are as per the
01:12:11law which means they are not prohibited so it is made quiet but what happens in some cases we have to
01:12:18make it use of it it is made bad especially in the case of covid situation not exactly the case you know
01:12:26the remdesivir antibiotic which is being injected for the covid patients corona affected patients then
01:12:35government says the medical department that medical team has said is not having much effect on the
01:12:39covid patients then they have stopped it they are not made it quiet i'm just explaining the situation it is
01:12:47made white which means it is dormant it's sleeping but after that if you want to make it you can make it
01:12:53valid this is somewhat relating to repealing like repealing the provisions like so doing
01:13:01existing law inconsistent becomes inoperative from the date of commencement it is not dead
01:13:07altogether which means that if it is made to be applicable yes it can be made applicable so whatever
01:13:14made before the commencement remains eclipsed or dormant to the extent to bring it under the shadow of the
01:13:19fundamental earlier it was valid only no here afternoon is not valid before 1950 it was a valid
01:13:27one but now what we say it is not valid here after but the shadow will be there the shadow means what
01:13:34the impact will be there so you have to focus on so the eclipse or the dormant part eclipse means dormant
01:13:43that's what we said sleeping or dorm becomes active and effective if the prohibition is taken away is
01:13:50removed by the amendment so this was again uh explained with the help of this case because in
01:13:57dakras was the state of madhya pradesh where the validity of the cp and baron motor vehicles amendment
01:14:03act which was regulating and the control was taken and the business was challenged here it was perfectly
01:14:11a valid piece on the constitution the existing law became inconsistent because it was contraventing this
01:14:19freedom to carry on trade and business if this is one of the right right this is one of the fundamental
01:14:23right you can carry on any type of business and thing which is not illegal
01:14:28so this was made uh uh existing law made was uh inconsistent and was taken away but this was
01:14:37later informed which means they permitted by passing a state monopoly act on the motor cycle business so
01:14:45this is with respect to the state state of madhya pradesh this is a beautiful case again not much important
01:14:50but still a beautiful case because when you define with respect to doctrine of eclipse you need to support a
01:14:54case law right so the fundamental right here is giving the true position and the effect of the
01:15:01constitution was to remove the shadow and to make free from all emulsions or infirmity whatever the
01:15:06changes you make that has to be made valid so here there's a big difference between doctrine of
01:15:12severability and doctrine of eclipse where it is both applicable to pre-constitution and post-constitutional
01:15:19laws some decision may be both for the laws or some decisions may be pre-constitutional whatever it is
01:15:25but you have to check with the pronouncement what it says whether it says the pre-constitutional
01:15:31waving means to leave off my right you're saying i don't want this right you please take away
01:15:38do you have the right to say so yes you have the right right to wave is one of your fundamental right
01:15:44right to wave is one of your fundamental right but there are some fundamental rights where you cannot
01:15:52execute this right to wave right to understand right to wave wave means what i don't want this right
01:16:03this is what you call as right let me give a small basic silly example then it can clearly understand
01:16:09it there are some actually okay let me give the situation uh your dad or mom comes home after the
01:16:21office hours and they bring chocolates okay they bring chocolates or some sweets to go on that day you
01:16:30don't uh feel like eating sweets you want to have some karam like saviors you want to have something spicy or
01:16:37something like that you don't want to have sweets immediately the chocolates are being shared with
01:16:42your family members chocolates or sweets are being shared with your family members and what you do is
01:16:47mom i don't feel like eating chocolates i just give away this to my sister yes this is what you call
01:16:53as baby okay okay it's what you call as baby it's your right it's your uh right that is your it's your
01:17:03chocolate once it is distributed to you it's your chocolate but you don't feel like taking it you
01:17:09have the right over your chocolate because your chocolate but you don't feel like taking away the
01:17:13chocolate so you give to your sister or you say that i don't want mom you just share it between yourself
01:17:20it's not because of frustration you feel like eating some garlic but just imagine instead these
01:17:28chocolates are brought by a guest of your home are you going to say in the same way to the guest
01:17:38saying that i don't like to feel like eating chocolate sir or ma'am i want to have saviors
01:17:44please take away the chocolate are you going to say this no
01:17:48waving means leaving your right yes leaving your right is also your right nobody can compel you to
01:17:56eat chocolates right you may be a you may be a person fond of eating chocolates but at the same
01:18:02time nobody can compel you to eat chocolates eating also is your right so you have the right to wave also
01:18:09but sometimes right to wave cannot be done by you this also becomes a necessity that's what about the
01:18:16waveress is based on the premise that a person is his best judge because you know what is right and
01:18:22what is wrong with you that has the liberty to waive the enjoyment of such rights as a conferred on him
01:18:29by the state these are the rights the state give to you which means that you can execute you execute it
01:18:36and you can enjoy it but you don't want to so you hate it the person must have the knowledge of his
01:18:43rights yes definitely before a person waves he needs to have the knowledge just imagine instead
01:18:49of chocolates during the covid lockdown they give you rice bags are you going to wave it yes ma'am i
01:18:56will wave it ma'am just imagine after after that two months you not get rice at all how you are going
01:19:01to eat no issues ma'am i'll eat a wheat ma'am i'll eat chapati ma'am okay if you're a person eating
01:19:09meat usually in south india more of using eat we use rice only so in that point of view i'm telling
01:19:16if you're a north indian living in south india you may be saying that i'll be taking beat ma'am
01:19:21i i'll take chapati ma'am no issues ma'am okay then no issues but if you are really really a rice eater
01:19:30proper south indian you want to have columbu you want to have sambar etc etc
01:19:34rasam and thai moor if you are such a eater then you should know why these rice bags are provided to
01:19:43you which means it has to be brought to your knowledge then only you can wave but this
01:19:48waving is voluntary so this is discussed with respect to this vasheshwarnaath case law where
01:19:53the majority expresses view against the waiver of fundamental rights it was held that is not open to
01:19:59citizen to wave any of the fundamental rights any person agreed by the constitution may take his
01:20:05discretionary power could be hard to complain against it it's not like always you can wave it
01:20:11sometimes you cannot wave it okay and here's one important decision made under here with respect
01:20:17to single person law what do you mean by single person laws whether for one person mr x there can
01:20:24be a law made for him there can be any act passed on behalf of him yes it's a very beautiful understanding
01:20:33you are not checking here this law is made for one single person this is made for one single case
01:20:40this one single person may be making or creating a situation to create one law
01:20:46so even though it is being relating to any single individual it is treated as some particular
01:20:51circumstances is being applied here so we are taking the help of saranjit lal chowdhury versus union of
01:20:57india case where if you check here there is a petitioner who is an ordinary shareholder of this sholapur
01:21:03you know the sholapur besheets is a very famous besheets in those days in this period and all 1950 and 1970 and
01:21:121980 sholapur besheets it will be very quality besheets actually it's a spinning and weaving company but i know
01:21:20sholapur besheets but you don't ask me whether you're born in 1950s and 1960s ma'am no these besheets
01:21:26are working and working for years i'm 1990 kid only but still during the year 1980s and 1990s the
01:21:35sholapur besheets are so very famous the thickness and the quality that besheets will come for 15 to 20
01:21:41years you won't believe again don't ask me whether you are you will not you will not watch the besheets ma'am
01:21:46you will not clean it even though if you clean the besheets daily in the washing machine it will
01:21:53come for 15 to 20 years it does have just the quality so sholapur besheets are very very
01:21:59quality besheets like so the company through its directors had been managing and running a textile
01:22:05mill of the same name the same sholapur name but there was some mismanagement and there
01:22:13arises a situation where the mill has to be closed and it becomes an essential commodity so again
01:22:19don't ask me ma'am besheets is an essential commodity besheets have given an example as a product of
01:22:24sholapur sholapur is a spinning and waving mill so you know food clothing and shelter are the basic
01:22:30commodities uh basic shelter or basic things necessities of life so clothing comes under this case right
01:22:37so it is being affecting the essential commodity production and also causing serious unemployment
01:22:43is just imagine one factory is closed and the people people working their thousand five hundred and
01:22:49sometimes five thousand ten thousand employees are working what happened to the family
01:22:55so because of the director's mismanagement the central government passed an ordinance you know
01:23:02what is an ordinance an emergency law then it was replaced as an act see the name itself is sholapur
01:23:09it's a special case i told you right it's a special case the name of the act itself is involving the
01:23:14name sholapur's spinning and waving company the emergency provision act 1950
01:23:22why this act or laws passed the management and administration of the assets of the company were
01:23:27placed under the control of the directors appointed by the government when we talk about the company
01:23:33the shareholders of the company had the right to appoint the directors board of directors management
01:23:39but here the government took the control to appoint the directors as regards the stack
01:23:44shareholders that act declared that they could neither appoint a new director nor they could proceedings
01:23:50against the company for winding up yes a very beautiful point usually the shareholders are the
01:23:56notional owners of the company they have the right to appoint the director or remove the director
01:24:01they have the right to winding up but this case this act was saying that they can never appoint a new
01:24:07director they can never go for binding up against the company then the petitioner files a written
01:24:14petition saying that it is infringing the equal protection of laws because a single company and a
01:24:21shareholder is subject to disability because the company is the right person to file a case for
01:24:28winding up through its board of directors the shareholders are the right persons to go for
01:24:33winding up so this petition was dismissed and the legislation what's the legislation the emergency act
01:24:42passed you know that was held as valid so this constitutional says that it is applicable to the
01:24:51single individual also but in the subsequent cases uh this cannot be taken as a presumption because
01:24:58uh this is a fact of fact case see one fact it may be saying yes valid in another fact it may
01:25:04not be valid it's a fact of fact case so you should not just take single person law is valid everywhere no
01:25:11there should be some nexus nexus means link between the classification which you are making and what is the
01:25:16object you are sorting for so in this example where p rajandran was a state of mysuit case a provision was
01:25:24made for district-wide distribution of seats in medical state medical colleges on the population of
01:25:29the district was held to be wired what they were saying you know while they make for this while they
01:25:36make for district-wide distribution of seats depending the population just imagine if there is one population
01:25:42of the state okay a district wise for district first district there is one land will give one seat
01:25:48second district two lakh people will give two seats third district 10 lakh people in the district will
01:25:54give three seats what is this how can you give medical seats to how can you proportionate how how can you
01:26:02create a ratio with respect to the population of the state then maybe 10 lakh population where only 50 000
01:26:12may be applying for the medical seats but just on namesake i'm saying you're giving three seats for
01:26:17them then there will be two lakh people when in this two lakh people almost 1.5 lakh people may be applying
01:26:26for the medical so you're going to give only two seats there's a miscalculation of the ratio so you cannot
01:26:34make a single person law here so you cannot just say single person law is a constitutional validate you can
01:26:41make a teacher everywhere no no no please make a note here it's a beautiful one

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