00:00:00
very good morning to all of
00:00:02
you how are you
00:00:07
feeling i think all has been well so
00:00:11
far well you are privileged
00:00:14
now the group is
00:00:19
175 very special
00:00:21
group and this is Rajya
00:00:25
Sabha intern's sixth session
00:00:31
now we have taken a
00:00:34
decision to have a structured
00:00:39
platform that will generate
00:00:43
connectivity and this platform will
00:00:46
cater to the people at
00:00:49
large all
00:00:52
information about
00:00:55
legislation in Rajya
00:00:57
Sabha and Lok
00:01:00
Sabha i'll work out with the honorable
00:01:04
speaker and in about 2 months
00:01:07
time we will launch
00:01:10
it so people of the country will have
00:01:12
the
00:01:13
benefit to have authentic
00:01:16
information from a sanctified
00:01:20
platform about members of
00:01:23
parliament and right from constituent
00:01:25
assembly
00:01:27
debates to the current
00:01:29
ones you will also have
00:01:33
access to
00:01:35
archives that are pervy to Indian
00:01:38
parliament and
00:01:41
therefore as a very special
00:01:43
group you will act as ambassadors
00:01:49
when this group during my tenure will
00:01:53
reach a figure of
00:01:54
500 the geographically spread
00:01:58
out the regional
00:02:02
penetration inclusivity will be
00:02:04
inclusive will be
00:02:06
reflected in every facet of human
00:02:09
life and this will help you boys and
00:02:12
girls to be in connect with one another
00:02:17
it will be nothing less less than a
00:02:20
batch of Indian civil
00:02:23
service two of the people are present
00:02:25
here pc Modi Secretary General and Rajit
00:02:30
Pulhani Secretary Rajya Sabha
00:02:34
boys and
00:02:36
girls
00:02:38
India was the nation in the world for
00:02:42
thousands of
00:02:43
years dominating
00:02:46
culture civilizational
00:02:49
values
00:02:51
economy we were a world
00:02:53
power we were known as
00:02:56
Vishwaguru our institutes of
00:02:59
excellence Nalanda Takshila to name just
00:03:04
few
00:03:06
attracted global talent they learned
00:03:09
from us they gave to
00:03:13
us we were constituting at one point of
00:03:17
time onethird of global
00:03:20
economy things went wrong somewhere
00:03:25
but soothing
00:03:27
parties gratifying
00:03:30
parties the last decade or
00:03:32
so has
00:03:36
generated an ecosystem of hope and
00:03:40
possibility india has
00:03:43
witnessed a growth in economy that is
00:03:48
globally
00:03:50
accorded by world institutions
00:03:54
india
00:03:55
has had such massive phenomenal
00:03:58
infrastructural
00:04:00
jump that we are feeling it every day
00:04:05
peopleentric
00:04:06
policies technological
00:04:10
penetration has gone up to the
00:04:14
villages and
00:04:16
therefore India
00:04:19
today is the most aspirational nation in
00:04:22
the
00:04:24
world and this is good for planet
00:04:29
earth we are home to one sixth of
00:04:32
humanity
00:04:34
we are
00:04:36
aspirational it's a challenge to
00:04:40
us and boys and girls before
00:04:44
me are the most vital
00:04:49
stakeholders in
00:04:51
governance and in
00:04:54
democracy you are the future our youth
00:04:59
demographic dividend is envy of the
00:05:04
world we are a vibrant democracy
00:05:08
oldest mother of democracy democracy at
00:05:11
all
00:05:12
levels constitutionally
00:05:16
structured but when things are going
00:05:20
upward we are bound to face
00:05:24
headwind there will be forces
00:05:29
enimical to the interest of
00:05:31
bart they will try to operationalize
00:05:36
mechanisms give winks to wrong
00:05:38
narratives
00:05:42
invidious
00:05:44
designing of sinister
00:05:47
mechanisms to run down our national
00:05:51
growth taint tarnishness and
00:05:55
diminish our constitutional
00:05:58
institutions and
00:06:00
therefore every young mind in the
00:06:03
country has to be
00:06:06
alert has to be
00:06:09
discerning has to
00:06:12
question because this
00:06:15
questioning is
00:06:16
vital because it is
00:06:19
sublimity and viility of democracy
00:06:25
we must learn to
00:06:27
challenge
00:06:29
situations which we find are not in
00:06:33
conssonance with our rich
00:06:35
culture our democratic principles and
00:06:39
that is how we will
00:06:42
contribute in the maintenance sustaining
00:06:46
of our growth
00:06:48
trajectory so all of you boys and girls
00:06:52
will have to think and scratch your
00:06:54
heads is everything all
00:06:57
right am I
00:06:59
worried and today
00:07:02
therefore my focus
00:07:04
singularly will be on role of the
00:07:09
citizen role of the youth
00:07:13
let me take incidents that are most
00:07:19
recent they are dominating our
00:07:23
minds an event
00:07:25
happened on the night of 14th and 15th
00:07:30
of
00:07:31
March in New
00:07:33
Delhi at the residence of a
00:07:39
judge for seven days
00:07:43
no one knew about
00:07:46
it we have to ask questions to
00:07:51
ourselves is the delay
00:07:55
explainable
00:07:58
condonable does it not raise certain
00:08:00
fundamental
00:08:03
questions in any ordinary
00:08:07
situation and ordinary situations define
00:08:10
rule of law
00:08:12
things would have been
00:08:15
different it was only on 21st
00:08:19
March disclosure by a
00:08:22
newspaper that people of the country
00:08:25
were shocked as never
00:08:28
before they were
00:08:30
in some kind of
00:08:33
limbo deeply concerned and
00:08:37
worried at this explosive alarming
00:08:43
expo thereafter
00:08:47
fortunately in public
00:08:50
domain we had
00:08:52
input from authoritative
00:08:55
source the Supreme Court of India
00:08:59
and the
00:09:00
input indicated
00:09:04
culpability input did not leave to
00:09:07
doubt that something was a
00:09:11
miss something required to be
00:09:17
investigated now the nation
00:09:20
waits with baited
00:09:24
breath the nation is rescue
00:09:28
because one of our
00:09:31
institutions to which people have looked
00:09:33
up
00:09:34
always with highest respect and
00:09:40
difference was put in the
00:09:44
talk it is now over a month
00:09:50
even if it is can of
00:09:54
wounds even if there are skeletons in
00:09:57
the
00:09:58
cupboard time to blow up the
00:10:02
can time for his lid to go
00:10:05
out and time for the cupboard to
00:10:10
collapse let the worms and
00:10:14
skeletons be in public domain so that
00:10:18
cleansing takes place
00:10:22
not for a moment I will ever
00:10:25
say that we must not give premium to
00:10:29
innocence democracy is
00:10:33
nurtured its core values
00:10:37
blossom human rights are taken at a high
00:10:42
pedestal when we believe in
00:10:45
innocence till the guilt is established
00:10:49
and therefore I must not be
00:10:52
misunderstood for casting aspersions on
00:10:56
any
00:10:57
individual but
00:10:59
then in a democratic
00:11:03
nation purity of its criminal justice
00:11:07
system
00:11:09
defines it
00:11:12
direction
00:11:14
investigation is required
00:11:18
boys and
00:11:20
girls no
00:11:23
investigation under
00:11:26
law is in progress at the
00:11:30
moment because for a criminal
00:11:34
investigation the initiation has to be
00:11:37
by an
00:11:39
FIR first information
00:11:42
report it is not there
00:11:47
it it is law of the land that every
00:11:51
cognizable
00:11:53
offense is required to be reported to
00:11:56
the
00:11:57
police and failure to do
00:12:01
so failure to report a cognizable
00:12:05
offense is a crime
00:12:10
therefore you all will be
00:12:12
wondering why there has been no
00:12:17
FIR the answer is
00:12:21
simple an FIR in this
00:12:24
country can be
00:12:26
registered against anyone any
00:12:29
constitutional functionary including the
00:12:31
one before
00:12:34
you one has only to activate the rule of
00:12:37
law
00:12:39
no permission is
00:12:42
required but if it is
00:12:45
judges their
00:12:48
category FIR cannot be stateway
00:12:53
registered it has to be
00:12:55
approved by the concerned in
00:12:59
judiciary but that is not given in the
00:13:02
constitution
00:13:05
constitution of India has
00:13:07
accorded immunity from
00:13:11
prosecution only to the honorable
00:13:15
president and the honorable
00:13:19
governors so how come a category beyond
00:13:22
law has secured this
00:13:26
immunity
00:13:27
because the ill effects of
00:13:31
this are being felt in the mind of one
00:13:34
and all
00:13:36
every Indian young and
00:13:40
old is deeply
00:13:43
concerned if the event had taken place
00:13:46
at his
00:13:48
house the speed would have been
00:13:51
electronic
00:13:54
rocket now it is not
00:13:57
even a kettle
00:14:01
cart a Christian we must
00:14:06
think there is a committee of three
00:14:10
judges investigating the
00:14:13
matter but
00:14:16
investigation is domain of the executive
00:14:21
investigation is not the domain of
00:14:27
judiciary is the committee under
00:14:30
constitution of
00:14:31
India
00:14:35
no is this committee of three judges
00:14:38
having any
00:14:39
sanction under any law emanating from
00:14:43
parliament
00:14:46
no and what can the committee do
00:14:53
committee can at the most make a
00:14:59
recommendation recommendation to whom
00:15:02
and for
00:15:03
what the kind of mechanism we have for
00:15:08
justice the only action finally that can
00:15:11
be
00:15:12
taken
00:15:14
is by the
00:15:17
parliament when proceedings of removal
00:15:19
are
00:15:23
initiated so a month has
00:15:26
passed more than
00:15:29
that and investigation
00:15:32
requires
00:15:34
speed
00:15:36
expedition
00:15:38
preservation of incriminating
00:15:42
material as a citizen of the country and
00:15:45
holding position which I does I do i'm
00:15:51
concerned are we not diluting rule of
00:15:55
law are we not answerable to we the
00:15:59
people who gave us the
00:16:01
constitution and
00:16:04
therefore I would strongly urge everyone
00:16:10
concerned to
00:16:12
examine this as a test case
00:16:17
what
00:16:18
legitimacy and jurisdictional
00:16:22
authority does this committee
00:16:27
possess can we have separate
00:16:31
law made by a
00:16:33
category and the law made by that
00:16:36
category
00:16:39
dehorse
00:16:41
constitution divorce
00:16:45
parliament the committee report
00:16:47
according to me inherently
00:16:50
lacks legal standing
00:17:19
there was a survey conducted
00:17:23
recently and the survey indicated it was
00:17:26
by a media
00:17:27
house that public confidence in the
00:17:30
institution of judiciary
00:17:36
It is fundamental for success of
00:17:40
democracy that is three fundamental
00:17:44
pillars
00:17:46
legislature judiciary and
00:17:49
executive are above
00:17:52
board they are
00:17:55
transparent they are
00:17:58
accountable they exemplify to the people
00:18:01
at
00:18:02
large the highest standards to be
00:18:07
emulated and
00:18:10
therefore the principle of
00:18:13
equality equality before
00:18:17
law has been
00:18:22
disregarded it is fundamental to our
00:18:25
democracy it is nectar of our democracy
00:18:30
time for
00:18:31
us to enforce
00:18:35
it this is in March am I
00:18:39
right is still we are groping in
00:18:44
dark the tunnel is getting longer and
00:18:48
longer and light is not visible as to
00:18:51
what will happen
00:18:54
normal human
00:18:56
tendency to
00:19:00
forget an event because other events
00:19:03
overtake
00:19:04
us this is not one such incident
00:19:09
i beseech everyone
00:19:12
concerned to be highly
00:19:15
alert
00:19:17
proactive and
00:19:21
restore authority of the constitution
00:19:25
boys and girls let me take to you early
00:19:28
this
00:19:29
year on January 27
00:19:34
2025 a seven member LO Pass
00:19:39
bench headed by a former Supreme Court
00:19:43
judge
00:19:45
ruled it possess the jurisdiction to
00:19:48
investigate corruption complaints
00:19:50
against high court judges
00:19:57
so cognizance was
00:20:00
taken and mind
00:20:02
you if you go to other judicial
00:20:08
dispensations in other
00:20:10
countries that of democracies
00:20:15
thriving so motor
00:20:17
cognizance is unknown to
00:20:20
them and
00:20:23
then it was strayed on one ground
00:20:28
independence of
00:20:29
judiciary this
00:20:41
independence Impregnable
00:20:44
cover against inquiry investigation
00:20:49
probe institutions
00:20:51
thrive with
00:20:54
transparency with there being
00:20:56
probe the shest way to degenerate an
00:21:00
institution or an
00:21:03
individual is to
00:21:06
give total guarantee there will be no
00:21:09
inquiry no scrutiny no problem how can
00:21:13
we take this
00:21:15
situation these are serious issues i'm
00:21:18
doing
00:21:19
it let me tell you where it
00:21:24
started constitution framers were very
00:21:26
wise
00:21:29
people people who deeply believed in
00:21:33
national
00:21:36
welfare they debated for 18
00:21:40
sessions for over little little less
00:21:42
than three
00:21:45
years there was no
00:21:48
confrontation there were no dist
00:21:50
disturbance no
00:21:51
disruption there were dialogue debate
00:21:54
discussion and
00:21:56
deliberation very contentious
00:21:59
issues but they framed one
00:22:02
rule the judges will be appointed under
00:22:06
article
00:22:10
124 and a consultation word was
00:22:13
used boys and girls you know the word
00:22:18
consultation lexican defines
00:22:22
it consultation is not
00:22:26
concurrence consultation is consultation
00:22:31
article 124 was very
00:22:34
specific and with respect to article
00:22:38
124 we
00:22:40
have a very
00:22:44
important discourse by Dr
00:22:48
brmedkar and
00:22:53
BRMkar who did a great job in giving us
00:22:57
this
00:22:59
constitution I'm quoting
00:23:01
him this was with regard to the question
00:23:06
of the concurrence of chief
00:23:08
justice and Dr br Ambedkar
00:23:11
says I quote boys and girls for your
00:23:14
benefit i quote I
00:23:18
think to allow the chief justice
00:23:20
practically a veto upon the appointment
00:23:22
of a
00:23:23
judge is really to transfer the
00:23:27
authority to the chief
00:23:29
justice which we are not prepared to
00:23:31
waste in the president or the government
00:23:34
of the
00:23:36
day and Dr bedkar goes on to say I quote
00:23:42
I therefore think that is also a
00:23:46
dangerous proposition
00:23:53
but in the second judge's
00:23:56
case in
00:23:59
1993 the court
00:24:04
interpreted
00:24:06
consultation will be read as
00:24:10
concurrence can it be
00:24:13
done the two words boys and girls are
00:24:16
different
00:24:21
but the bench did not
00:24:24
notice that Indian constitution uses
00:24:27
these
00:24:29
words consultation and concurrence in
00:24:31
the same
00:24:32
article article
00:24:37
370 with respect to the the then state
00:24:40
of Jammu and
00:24:42
Kashmir article 370 has both
00:24:46
expressions in the same sub
00:24:49
articles how can these two words used
00:24:52
differently by the Supreme by the
00:24:54
constituent assembly members in the
00:24:57
constitution can be read
00:25:00
differently it was done
00:25:04
now the
00:25:06
situation is engaging attention of
00:25:10
everyone and it is our obligation as
00:25:15
citizens of this
00:25:16
country to think
00:25:22
about how things have to evolve
00:25:27
i have no
00:25:28
doubt Parliament cannot script a
00:25:32
judgment of a
00:25:34
court i have no doubt about
00:25:38
it parliament can only
00:25:42
legislate and
00:25:44
hold
00:25:46
institutions including judiciary and
00:25:49
executive
00:25:51
accountable but judgment
00:25:54
writing
00:25:57
adjudication is the sole prerogative of
00:26:00
judiciary in as much legislation is that
00:26:04
of the
00:26:06
parliament but are we not finding this
00:26:11
situation getting challenged
00:26:15
i'm saying so because very
00:26:20
frequently we are
00:26:23
finding that executive governance is by
00:26:26
judicial
00:26:29
orders when executive the government is
00:26:32
elected by
00:26:34
people the government is
00:26:37
accountable to
00:26:39
parliament the government is accountable
00:26:42
to the people at election
00:26:46
there is a principle of accountability
00:26:49
in
00:26:51
operation in parliament you can ask
00:26:55
questions critical
00:26:59
questions because the governance is by
00:27:01
the
00:27:03
executive but if this executive
00:27:05
governance is by
00:27:07
judiciary how do you ask
00:27:10
questions whom do you hold accountable
00:27:13
in
00:27:16
election time has
00:27:20
come
00:27:22
when our three
00:27:25
institutions legislature judiciary and
00:27:29
executive must
00:27:31
blossom and they blossom
00:27:34
best and best for the
00:27:36
nation only
00:27:39
when they operate in their own
00:27:43
area any incursion by one in the domain
00:27:47
of the
00:27:48
other poses a
00:27:51
challenge which is not
00:27:54
good it can upset the apple
00:27:58
cart the relationship between these
00:28:01
three must be wholesome
00:28:05
soothing one of deep
00:28:09
understanding
00:28:11
coordination
00:28:14
collaging not
00:28:16
to show
00:28:19
authority historically and also
00:28:22
presently in many
00:28:24
nations judges speak through their
00:28:29
judgments and only through their
00:28:33
judgments those good good old days are
00:28:36
gone
00:28:39
now we are having totally a different
00:28:42
spectacle
00:28:46
a courtroom was
00:28:48
the ultimate place from where a
00:28:53
judge would pronounce his
00:28:58
order but
00:29:03
now situation
00:29:06
is judges
00:29:08
are on public
00:29:11
platforms on media
00:29:15
platforms even in
00:29:18
ter which is challenging and not their
00:29:23
own i only
00:29:27
expect that legislature will operate
00:29:29
from parliament
00:29:32
theater judges will operate from their
00:29:36
courtrooms and executive will do its
00:29:38
work as envisioned by the
00:29:44
constitution the problem is started I
00:29:46
should come because an event had taken
00:29:49
place
00:29:51
recently i'm dealing with only
00:29:53
contemporance issues
00:29:55
an event had taken place
00:29:59
recently on the release of a
00:30:05
book and the focus of the
00:30:09
book by a former judge of the Supreme
00:30:16
Court was on basic
00:30:21
structure the day was
00:30:23
chosen as 14th
00:30:27
April associated with Dr
00:30:31
birk the judge former judge of the
00:30:35
Supreme
00:30:37
Court and
00:30:41
illustrous author of the
00:30:44
book referred to 13th of
00:30:47
prayer he narrated an incident
00:30:52
that had taken place on 13th
00:30:54
April at Jalana Walabag before
00:30:58
independence where our people were
00:31:00
killed massacred
00:31:04
injured and by our own people led by
00:31:08
General
00:31:10
Dyier and then
00:31:12
he came to the doctrine of basic
00:31:16
structure that this cannot happen
00:31:20
How because of this
00:31:23
doctrine examine for a
00:31:26
moment this
00:31:28
doctrine keshwan and Bharti gave to
00:31:32
us 13 judges of the Supreme Court
00:31:36
assembled the division was vertical 70
00:31:39
to
00:31:40
six it can't be more than that the
00:31:44
judgment was on 24th April 1973
00:31:50
and this according to the author is our
00:31:55
savior but after we had
00:31:58
this basic structured
00:32:01
doctrine a prime minister to save our
00:32:04
seat imposed emergency on 25th June
00:32:10
1975 the judge has forgotten the
00:32:13
audience had forgotten
00:32:15
it was supposed to be engaging
00:32:19
discourse
00:32:21
inquisitorial no one asked a question
00:32:27
[Music]
00:32:50
24th April
00:32:59
73 emergency was
00:33:01
clamped on 25th June
00:33:06
lacks of people were put behind the
00:33:09
bars and there it was up to 21st March
00:33:14
1977 lacks of
00:33:16
people with this basic structure Supreme
00:33:19
Court
00:33:22
ruled you have no fundamental right
00:33:24
during
00:33:25
emergency this is so much for your
00:33:27
tribute to basic structure
00:33:31
the impregnability of basic structure
00:33:33
was so demolished to
00:33:36
pieces by the highest court of the
00:33:39
land
00:33:42
reversing judgments of nine high
00:33:45
courts that in one voice
00:33:48
held fundamental rights cannot be on
00:33:51
holiday during
00:33:53
emergency there has to be access to
00:33:56
judiciary highest court of
00:33:59
land a former
00:34:01
judge being author of the book
00:34:04
eologizing the doctrine the complete
00:34:09
bullwark against assault on citizen
00:34:12
rights was so
00:34:15
oblivious of what happened during his
00:34:18
lifetime
00:34:21
just
00:34:23
imagine we are being sold these
00:34:26
narratives at a critical
00:34:29
time because we don't ask
00:34:33
questions i wish somebody in the
00:34:36
audience should have asked the question
00:34:38
what happened to your basic structured
00:34:42
doctrine in 1975
00:34:45
then there should have been the next
00:34:50
question 1st June
00:34:56
1984 what
00:34:59
happened in
00:35:04
Delhi our
00:35:07
freedomloving
00:35:10
people they were singled out in
00:35:12
thousands
00:35:15
what
00:35:16
happened at the Golden
00:35:21
Temple what I'm saying
00:35:24
is don't
00:35:27
take these narratives at face
00:35:32
value these narratives are dangerous
00:35:36
narratives these
00:35:39
narratives must be exposed
00:35:43
by descending minds like young
00:35:47
people you must learn to
00:35:51
question
00:35:53
because we have iconized the
00:35:57
people through mechanism which is not
00:36:01
rational we have given celebrated status
00:36:04
to
00:36:05
people without
00:36:07
examining we think what they say is
00:36:09
right
00:36:12
no one
00:36:14
asked the
00:36:16
author while he was judge of the Supreme
00:36:20
Court why the collision system did not
00:36:25
work we must learn to ask
00:36:28
questions because in
00:36:31
democracy this is our most basic
00:36:35
right if you don't ask questions to
00:36:42
me you will not be doing your
00:36:45
duty and therefore 175 the number will
00:36:49
go to
00:36:50
500 will be that
00:36:53
squat which will be asking questions
00:36:57
also we don't have to be overcritical
00:37:01
we don't have to be
00:37:03
confrontationist but we have to believe
00:37:05
in the nation under all
00:37:11
situations my
00:37:13
worries were at a very highest
00:37:16
level i never thought in my life I'll
00:37:19
have the occasion to see
00:37:24
it president of India is a very elevated
00:37:28
question
00:37:31
president takes
00:37:33
oath to preserve protect and defend the
00:37:38
constitution this oath is taken only by
00:37:42
president and her appointees the
00:37:46
governors everyone the prime minister
00:37:49
the vice president the
00:37:51
ministers the parliamentarians the
00:37:54
judges they take oaths to abide by the
00:37:57
constitution
00:38:00
but to defend the
00:38:03
constitution to preserve the
00:38:05
constitution to protect the
00:38:08
constitution that is the oath of the
00:38:10
president of
00:38:12
India the supreme commander of the armed
00:38:17
forces boys and girls if you look at
00:38:19
Indian
00:38:22
constitution when parliament is
00:38:25
defined according to you parliament is
00:38:29
Lok Sabha Rajya
00:38:30
Sabha
00:38:32
no parliament the first party is the
00:38:37
president second and third are Lokan
00:38:40
Rajya
00:38:44
Sabha there is a directive to the
00:38:48
president by a recent
00:38:55
judgment where are we heading
00:38:59
what is happening in the
00:39:05
country we have to be extremely
00:39:09
sensitive it is not a question of
00:39:12
someone filing a review or
00:39:15
not we never
00:39:17
bargained for democracy for this day
00:39:23
president being called
00:39:26
upon to decide in a time bound
00:39:29
manner
00:39:30
and if not becomes law so we
00:39:37
have
00:39:39
churches who will
00:39:41
legislate who will perform executive
00:39:46
functions who will act a super
00:39:50
parliament and absolutely have no
00:39:52
accountability
00:39:54
because law of the land does not apply
00:39:56
to them
00:39:59
let me tell you boys and
00:40:01
girls every parliamentarian and why
00:40:05
parliamentarian every
00:40:07
candidate in any
00:40:10
election to assembly or parliament is
00:40:13
required to declare
00:40:16
assets these days don't do
00:40:19
it some do some don't
00:40:24
time has
00:40:26
come that we reflect
00:40:31
deeply i am not here to join
00:40:34
issue i am
00:40:37
proud of
00:40:39
Bharat that is rising as never before
00:40:42
the rise is
00:40:44
unstoppable i'm proud of the ecosystem
00:40:47
in the country hope and
00:40:52
possibility biant
00:40:54
economy
00:40:56
infrastructure
00:40:59
unbelievable global reputation of the
00:41:01
prime
00:41:02
minister never heard Indian prime
00:41:05
minister will be a global leader of that
00:41:08
level india is respected all
00:41:12
over we therefore have to be extra
00:41:16
cautious that these forces that
00:41:20
are
00:41:21
active you to analyze
00:41:26
them i do not wish to take on an
00:41:29
individual i have respect for
00:41:31
all but then we have to be analytical
00:41:35
mind discerning mind
00:41:39
we cannot have
00:41:41
situation where you direct president of
00:41:44
India
00:41:46
and on what
00:41:49
basis the only right you have under the
00:41:53
constitution is to interpret the
00:41:55
constitution under article
00:41:59
1453 there it has to be five judges or
00:42:03
more boys and
00:42:06
girls when article 1453 was
00:42:10
there the number of judges in the
00:42:13
Supreme Court was
00:42:16
eight five out of
00:42:19
eight now five out of 30 and
00:42:23
old but forget about
00:42:26
it the judges who
00:42:29
issued a mandamus virtually to the
00:42:33
president and presented a scenario it
00:42:36
will be law of the
00:42:39
land have
00:42:42
forgotten the power of the
00:42:46
constitution how can that combination of
00:42:48
judges deal with something under article
00:42:51
1453 is
00:42:53
preserved it was then for five out of
00:42:56
eight we need to make amends in that
00:42:58
also now five out of eight would mean
00:43:01
interpretation will be by
00:43:04
majority or five constitutes more than
00:43:06
majority in
00:43:08
eight but leave that
00:43:12
aside article
00:43:15
142 article 142 has become a nuclear
00:43:19
missile against democratic
00:43:23
forces available to judiciary 24 into 7
00:43:31
boys and girls why I'm talking to
00:43:34
you you are the
00:43:37
future you are the
00:43:40
stakeholders i am not addressing only
00:43:43
you i'm addressing the entire youth of
00:43:46
the
00:43:46
country in IITs in IM institute of
00:43:50
excellence colleges
00:43:52
universities schools
00:43:57
we have to believe in the
00:43:59
nation we have to believe in the power
00:44:01
of we the
00:44:03
people and the power is reflected only
00:44:05
through
00:44:08
representatives we have lost
00:44:11
track the good thing
00:44:13
is the government policies are yielding
00:44:17
results peopleentric policies are
00:44:19
rewarding to the ordinary
00:44:21
man the ordinary man has a bank account
00:44:24
today a toilet in the house and internet
00:44:27
connection a gas connection and electric
00:44:30
connection has health facilities and
00:44:32
education facilities close
00:44:36
by has connectivity by bus by train by
00:44:41
air he is getting the feel of
00:44:43
development
00:44:48
let
00:44:49
us resolve this
00:44:52
day that our democracy is
00:44:57
dependent only on
00:45:00
constitution and constitution expects
00:45:03
all its
00:45:04
organs to optimally
00:45:07
perform for larger good in concert and
00:45:12
coordination and in their respective
00:45:15
domains
00:45:18
it is not a question of one institution
00:45:21
being at a higher
00:45:23
pedestal but certain things are very
00:45:27
clear judges are appointed only and only
00:45:30
by the
00:45:31
president and parliament is the sole
00:45:36
authority to take action against them
00:45:42
it is therefore time for
00:45:44
us not to be in reaction
00:45:47
mode it is very
00:45:51
easy to start a narrative oh the vice
00:45:55
president of the country has said
00:45:59
so i appeal to you media in
00:46:03
particular i'm saying it out of pure
00:46:05
heart
00:46:08
i am a foot soldier of
00:46:11
judiciary i have given four decades of
00:46:14
my precious
00:46:16
life to
00:46:18
judiciary three decades as senior
00:46:25
advocate whenever it comes to challenge
00:46:28
to judiciary I am always on the side of
00:46:32
judiciary we are proud of our judiciary
00:46:36
it has global
00:46:38
recognition our judges have gifted
00:46:43
talent but something about it needs
00:46:48
notice i have no
00:46:50
doubt the wisdom of
00:46:55
ours will rise to the
00:46:59
occasion and there will evol there will
00:47:01
be evolution of self-regulation
00:47:05
i firmly believe whether it is
00:47:07
legislature or
00:47:09
judiciary
00:47:11
self-regulation is the most effective
00:47:14
regulation idea is not to join
00:47:18
issue idea is never to engage into
00:47:22
argumentation idea is not to have
00:47:24
adversarial
00:47:26
relationship idea is to have a meeting
00:47:28
ground
00:47:31
idea is to
00:47:32
ensure that what our founding fathers
00:47:35
visualized about constitution our
00:47:39
institutions we bring that to luster to
00:47:43
shine to ultimate performance for larger
00:47:48
good boys and girls I chose these
00:47:51
events because they were
00:47:54
recent but two events I must hint at
00:47:57
you when I reflected on
00:48:01
book release
00:48:03
function author being a former Supreme
00:48:05
Court
00:48:06
judge I
00:48:09
brought emergency
00:48:12
contextually because the reliance was
00:48:14
placed on doctrine of basic structure
00:48:17
evolved in Queswan and Bhart in 1963
00:48:24
but let me tell you two events that have
00:48:26
taken place
00:48:28
recently they are only to invite your
00:48:31
attention from that
00:48:33
perspective one was
00:48:37
Sidhandas because every bharti must
00:48:41
know why we celebrate Sidhandas
00:48:45
we are celebrating it for last one
00:48:47
decade and Sidhan
00:48:51
hat because you boys and girls have no
00:48:54
idea the kind of traumatic experience
00:48:58
our citizens
00:49:00
suffered during
00:49:02
emergency the impressions on young boys
00:49:05
and girls children when their parents
00:49:07
nationalist in mind many of them became
00:49:11
ministers chief ministers cabinet
00:49:12
ministers and prime ministers later
00:49:14
on were detained
00:49:17
without any
00:49:19
cause with no access to judiciary and
00:49:22
therefore on these two
00:49:24
days you must devote
00:49:27
yourself think with him and act
00:49:31
accordingly
00:49:33
well I'm
00:49:34
sure you would have had rewarding
00:49:37
experience being connect with one
00:49:41
another by end of the year or early next
00:49:46
year we will be having a get together in
00:49:49
Delhi of all the participants till then
00:49:54
so you'll have the occasion to
00:49:56
intermingle
00:49:57
also but on the platform that is being
00:50:01
created be in touch with one
00:50:03
another whenever you travel to a place
00:50:06
where you find an intern is from that
00:50:10
place try to connect with him or her
00:50:13
that will be rewarding experience
00:50:17
start sharing your ideas and
00:50:19
thoughts because
00:50:23
ideation alone is gift of
00:50:26
democracy you have to
00:50:28
ideiate the power of
00:50:31
ideation the power of an
00:50:33
idea will define our pro progress
00:50:38
trajectory i wish you well thank you so
00:50:42
much
00:50:43
remain in connect and uh there is some
00:50:47
refreshment kind of
00:50:49
the refreshment has been overseen
00:50:51
personally by Dr
00:50:57
certific here okay I'm so
00:51:01
glad come on let's start there
