 I hope that's not the intent and you are here so I have to learn something and I say learn something I don't mean you are here to learn some awareness about what's happening around it. So I'm sure newspapers would serve that purpose very well because you are all reading newspapers correct? Yes. So that's why I'm here to test whether you are all reading newspaper or not. So let's take a small test can someone tell me how it doesn't even seem familiar and if you feel that yes this text appears familiar to me just keep it with you okay just raise your hands and don't tell me where you have read that okay does this text seem familiar okay if it's familiar just raise your hands okay let me count one two three four five six seven eight nine ten eleven twelve thirteen fourteen fifteen sixteen seventeen eighteen okay others totally strange okay no problem more opportunity if not that okay please raise your hands again okay so still it's I think it's not even 20% of the class strength correct these are the two editorials of the last two days of Hindu newspaper okay it's sad that 80% of the class do not read newspaper and that explains the reason why 80% of the class will not clear the big damage correct I'm sure some of you will start walking out of the class it's demotivating me okay if reality is shown to you get offended but you will anyway know the reality after four or five or six or seven years of attempts okay so don't have that issue later simple the formula of cracking this exam is very very simple you just have to have a routine habit of being in touch every day with your newspaper okay so if I were to credit what made me clear this exam 60% of the credit just goes to newspaper blinding okay 60% credit just goes to newspaper newspaper is not simply for the purpose of awareness but it's a purpose it's for the purpose of knowing what more directions to open your eyes and look forward okay when the news comes in the newspaper how do you look forward and what all do you search how all your thought is triggered what all directions do you diversify from there that is what is called current affairs preparation okay current affairs is overrated of this for this exam but current affairs skills is underrated for the big okay current affairs is overrated people tend to read all this daily news compilations lot of academies compilations daily news compilations it's like a competitive field one academy starts coming it finds takers other academies don't want to left be left behind so they also start coming up with daily summary of interviews right so that's all awareness that is of no use for this nation and to understand that simply knowing whatever comes in your paper is may not be useful you have to first have done a clear analysis of last two to three years of problems and means question papers I don't know how many of you have done all that right at least if this year's mains is out it's it's over right means examination how many of you have done a complete analysis of all four papers of your GS papers of means money remove otherwise you are behind with respect to the pace at which your competition is moving forward okay your competitors are not those who are sitting next to you here and there it's an imaginable invisible competition who are scattered all across and okay you are assuming that you're going the right direction because you are assuming that attending classes is all that matters for clearing this examination attending classes is important no doubt because that builds a lot of basic competencies your basic awareness of lot of topics is built from classes but if you think that is a sufficient condition to crack this examination you're utterly mistaken right you have to go a lot of distance beyond that to make sure you develop the necessary skills you build in the competencies that are required to confidently attempt a question even though you may not be very sure about what that answer is in your columns but still confidently attempting it and still with the assurance that it there is some logic which you have used that confidence will help you to attempt the next question with complete peace of mind right this examination is after all a mind game people fail in CSAT not because the paper is difficult let me tell you last year 27 questions were asked from reading comprehension in CSAT okay I'm sure if you're good at reading comprehending writing speaking in the knowledge skill you can easily get it 22 into 2.5 automatically brings your score to 50 plus from all the other mathematics questions you only need another 15 or 20 moments okay and people who tend to bank upon mathematics as their pillar of support to clear this examination they are the ones who will be badly hurt with a paper like last year's CSAT because people have started assuming that reading comprehension is unpredictable you may not be able to get the right answer even after spending time better you focus on mathematics and UPSC is very clear it doesn't want people only with mathematics skills it wants people with good comprehension skills because the kind of work that you do tomorrow as an eyes officer or any other bureaucrat the work is predominantly reading and comprehending mountains of files okay you know reading skill you know being another UPSC is ensuring that you are eliminated if you simply depend upon math skills okay so anyway that's not the point of this discussion the point of this discussion is if you keep focusing only on maths neglecting CSAT what happens you start depending exclusively on mathematics and UPSC can give a small twist max difficulty exam one year two years of preparation is gone waste right so that is what I meant by you start working out five minutes not even a single question you get right next you tend to choose the next question okay that deconstruction of the problem will not happen your emotions becomes you're defeating fact not the difficulty of the paper actually speaking with the pen and paper live a couple of the game and the max once reasoning I'll then solve a lot but in a mind clear I look at the land but they didn't correct it and the mind clear are good enough reading comprehension should have been perfect okay so anyway the point I'm trying to say is it's only when you have the necessary confidence and necessary skills of a broad preparation that you have already put in place other than GS loan on the emotional security will be there know that emotional security that calmness many people are missing out I'll tell you what is the logic of what is the reason why people fail in GS paper first attempt they give attempt sixty sixty-five questions okay some of they are not sure about what they have I don't know the next round they go on attempt 20 questions okay assuming that probability will work in their favor okay 20 look at the book okay in get a series of them over the path to get the correct or a part of the book UPSC look like a movie with a partner to the problem that will all pull you down basically but why did you not why were you not able to stop with 65 questions the reason is because lack of preparation lack of preparation gives it brings that lack of confidence okay and the preparation but it is about going beyond the classes because you see classes are very structured no you have only two hundred two hundred sessions correct because one year time like a bullet on social classes which are good other than a little bit correct 200 to 250 classes now everybody every Academy will only do that in that what can be packaged maybe 40 hours of quality 40 hours of geography 40 hours of history all that can be packaged but in the 40 hours look at the book you can get the money refunded and you'll run right but that is what UPSC will expect you in main section correct so that is why our 40 hours spent only on building you what is fundamental rights what is DPSP 40 hours that is why what matters for clear clear this examination it tends to not being addressed because of positive of time because of you are also not having the patience okay how many of you are ready to postpone this year's attempt to wait for one more year for classes a lot of money a program you are ready even after knowing that nobody clears in the first attempt still you are not ready correct right so see this is the rat race with which aspirants tend to get stuck in this process and a lot of disappointments also happen after the first attempt is over right because I can assure you it is taking when I clear this exam as well it took me two and a half years of preparation okay after two and a half years I think exam first attempt to go second attempt to give away there is a two three years of gap imagine the time that she was put before giving her first attempt so much of years gets into this process okay so but we tend to intentionally turn blind to this reality and with when you start turning blind you start adopting all shortcuts on the shortcuts are important they are not reading you because you feel it's waste of time okay how many of you watching YouTube analysis these people yes because that's that is what is going to kill you in this preparation your seasat skills will be dead okay you will not be able to develop your comprehension skills YouTube analysis you guys are freshers so you don't know the lack of completeness of YouTube analysis the only those see they also operate under concern country constraint what is the constraint a video should not be more than 30 35 minutes I think I'll approach now viewership correct so everything is business so 30 35 minutes what will be done only those that are easy for them to understand and explain will be explain to you okay I was often observed that just keep checking other YouTube channels and everybody what they're doing the ones which I feel are more important for this exam they do not even touch it I don't know put it on it will take one and a half or two years of time to explain the concept so that is why there is a higher possibility of you being misdirected in your preparation when you start developing dependencies external to your preparation but if you put your dependency on your own preparation you will be on the right thing is we tend to believe in external sources of support right so that is why you have to develop that skill set of learning from newspaper utilizing newspaper not simply reading newspaper okay so whether you have learnt or not from the last few years few months newspapers I have a small test okay to check you so it can also be a wake-up call for all of you as well because you should not be under the illusion that you know 30 article 14 to article 18 I am very thorough with that okay and a UPS is a varamari calculator okay have you heard of this word grounds of intelligible differentiation yes it is in the context of which article article 14 Hadiya case okay Hadiya Hadiya case is what clarifies on what is the meaning of the word state given article 12 right so I am meaning it again than the body's not over there being a lot so it is one of our not that is all your responsibility only Academy cannot give you every minute as detailed okay other bandra's a good newspaper is a wonderful source to start doing that okay that only see if 80% are not even touching the newspaper you don't even know what is their newspaper a program guy you learn the extra by putting it in case laws a lot of the compilation ready when you are good okay look at I'll show you the questions once you understand the nature of questions you will soon understand what kind of current affairs preparation has to be right a very lateral preparation has to be done beyond your textbooks okay and moreover the relevance of this paper relevant of the relevance of current affairs also varies across subjects okay for for example in polity when I show you the questions last year in problems 16 questions were asked I don't even think a single question can be directly point maybe one or two questions can be traced from newspaper articles everything else is related to some philosophy behind those articles is a map based questions are being directly you can trace from newspaper right everybody predicted last year something related to Ukraine and Russia map area will be asked when us withdraw completely from Afghanistan it was expected that that year the modern nations of Afghanistan will be asked asked correct so some areas are very directly predictable co-relatable to what comes in the newspaper for that you can just simply develop your awareness okay I give you go to there are so many ways of how you can branch out go beyond what is there in newspaper like for example if Russia Ukraine is asked you may think about what are the boundary nations of Ukraine but I may start thinking on okay locations of the capitals of those boundary nations okay which is the eastern most which is the northern most which is the southern most apriosikla right which capitals are on the banks of a particular river you can think like that so there is just n number of ways your thought can be triggered and it can be diversified so that you are able to be proactive in your preparation and not react okay one day the couple of see a lot of mistake that aspirin's commonly do is they take previous year's questions you should understand that UPSC questions and GS at least in your main's general studies questions do not repeat okay questions do not repeat in GS okay and if it repeats a theme may repeat but the exact demand of the question may be little different okay unless you are article 21 is repeating that is not what I mean by questions don't repeat article 21 that is repeating or is it about the rights and dignity of a person that is being asked that is where the difference lies you cannot simply depend on environmental question that was asked in 2021 in means the greater success of judicial activism the constitutionalization of environmental issues they are preparing on polluter based principle precautionary principle okay now next this year a question a beautiful question was asked okay that question was I'll show you that question so we'll look into all all of that so there's more to be discussed but before that I just wanted to take a piece of paper okay just one page one paper one sheet is enough okay just attempt these questions five objective question alone not more all these five objective questions are from the latest news that has been happening around okay okay so these are the five questions first question you just mark a b c d i'll give you the answer you evaluated you put your score next to that yourself okay so just five questions five minutes okay can you move to the next question you are not marked very marked easy we'll move on the first question means out of total members in Nagaland assembly if you take the total number of women members that ratio is the highest in Nagaland I've been taking okay when you compare it similarly across states if Nagaland has that highest ratio women to total members in the legislative assembly or not that's the statement first okay last question easy question immutability means you cannot change it okay okay give the answers what is the answer for this you're right only one is the right answer okay I've known this if you would have prepared on I mean if maybe I don't know how you have come to know about this doctrine but at least in the recent current affairs there's a there's an issue going on with respect to sedition right what is that it's which is different sedition is different law commission has submitted a report on a review of sedition laws it has given a lot of recommendations right so in that context a lot of discussions was happening okay and now this law on sedition what is the law on sedition section 124 a of Indian penal code now that is under a constitutional examination by the supreme court right the petition has been filed in the supreme court asking the judges to have a review of the supreme court's earlier standard it had taken long past okay there was an earlier case are you aware of any case law on sedition one hour for a case not on sedition okay anything else Kedarnath right Kedarnath judgment is a landmark judgment covering how to approach sedition right that was given long by 50 years back so now a petition has been filed in the supreme court that in the period of 50 years a lot of jurisprudence has been developed by the supreme court supreme court Puthu sir due process doctrine has been brought in the golden triangle of linkage between 14 19 21 has been brought in in the light of all these changes that have happened in the last 50 years a petition has been filed in the supreme court asking the supreme court to once again have a review of the Kedarnath judgment right so on the petition order reason enough I think a lot of reasons are one of the reason is they say that the sedition law is not proportional to the office right so the doctrine of proportionality had figured in the entire discussion centered around sedition right other people didn't know you'll be able to get it for centers legislation and stateless matters and all that it is doctrine of colorable legislation is there doctrine of pit and substance can be used but not doctrine of proportionality and what is this doctrine severability not eclipse okay second question a lot of issues are going around with respect to daily services bill that was enacted right what is the answer for this the question is not correct no the answer is C correct so good you know about Balakrishnan committee and all that okay that's good okay what is the answer what is the answer B you said B Bombay why Bombay why a is wrong northeastern states northeastern states are the worst performer when it comes to women representation ironically okay Naga land miserable zero zero is the number of women we tend to think that those are tribal areas women empowerment is high and all that correct but because of the climate of political violence which is there always women are so reluctant to enter into politics so that's why there are zero women in many of the northeastern states but i want you to make that mistake of assuming that uh northeast will have definitely more women representation the guesswork not you piece you'll have to work out okay it's easy you know anybody at common sense yeah why would india not be a signatory at least to show the credentials that we do take care of the interests of women correct that can be found but first in sarong okay okay what is the answer for this d here d the correct answer is a okay this is something that i have just taken from the judgment of supreme court in the what is that supriya chakraborty right versus i was the union of india in that case the judges were asked a lot of questions to give answers for right the first question they were asked is right to marry a fundamental right and they have given a response to that okay so their reasoning is that marriage as an institution was not conferred by the state it was marriage predates state if marriage predates state then it is not within the power of state to confer this right on somebody else and imagine if right of marriage is made as a fundamental right if you don't get married you go to the court and say get me married now correct because it is enforceable now right so can this is the same reason why msp is not yet made a law right if it is made as a law it confers the right of having a minimum support rights what if every farmer in this country suddenly grows rice and everybody decides that i have to have msp as my legal right they all go to the court country's economy will just collapse right so that is the reason why some rights cannot be given impractical correct so this is actually state taken from this judgment so this is a and let me see how many have got this right question five what is it see here how many of you are going for d d okay the right answer is b bomb it okay so you can make your marks next to it okay next to your answers okay in the morning question get a little more good than the i'm in the competition sir i've been here getting a three or four months you should have got it okay three or four okay maybe one can could have gone wrong one could have been left out remaining three you should have got it right if you have got it you are in the race okay if not start developing that okay now we look okay let's have a look at my questions are directly modeled on the latest pattern of ups after figuring out how ups he has been asking questions for the last two years right around 14 to 17 questions are usually asked from polity right in the last two three years history also has a similar kind of equalization all but anyway just have a good previous year's questions just want you to understand that you can get these answers right even without reading newspapers okay that is also possible if you know how to branch out your ideas otherwise depend on newspaper but i just want you to understand that i've been used to people in the direct to end the question right so you see what is due process of law correct this comes today in the hindsight when you look at the paper some of you might have already analyzed this question paper some of you might be already solving it from question bank and all that today it might all appear to be easy correct but on the day of the examination from the responses that we have got from a lot of very well-performing aspirants maximum people were able to get around 60 to 70 percent of the marks correct in quality and this is one such question okay due process of law the answer is very clear fair application of law but on the exam day of exam these two were very conflicting is it principle of natural justice or is it fair application of law so you don't actually have to read current affairs but reading current affairs also could have indirectly taken you to this direction please listen how okay you know due process doctrine came into existence since the days of which judgment menaka gandhi judgment correct menaka gandhi now in the article article 21 so anytime the newspaper you come across article 21 you should be able to from there you should go and read more about judicial activism and how activism has widened the scope of article 21 when you start developing that understanding you will come to this idea that there was a reason why it all happened why it happened was the constitutional principle of procedure established by law was very inadequate for supreme court to render justice okay it was found not workable after 20 years of constitution put into practice when we first got independence when constitution came into existence procedure established by law was sufficient but with time that was insufficient so the Indian judiciary had to look for some other ways of giving justice so it looked at us in u.s they have developed a very good doctrine of due process of law right i've learned so either from the classes you could have learned this idea or from case laws that come in the newspaper about article 21 from there going back reading entirely about the issue you could have come across this concept of due process of law right newspaper would not have given you the answer for this in hindu lower article a due process of law means fair application of law correct but you can use some news branch out and have a look at it this could be a current affairs question but let me tell you most of the people who attend to this question have all gone wrong it's not very simple it's not easy to correlate this is the reason it's very difficult to determine on the day of the examination okay even now also we are under conflict can we really say this is the reason or can we say something else is the reason right so that is also there so current affairs you cannot completely depend upon that whatever current affairs comes i'll definitely get everything right you are going to be educated based on current affairs that's the logic behind prepare for current affairs and all okay so but let me tell you these are some simple questions if you understand the first basic idea of constitutionalism why is constitution required for a country some six or seven objectives of constitution at the end of it you'll be able to write that the first work is protect the citizen from the state because citizen is the most powerful powerless entity state is powerful so the state can predict sorry yeah it can it can affect the liberties rights of citizens so that is why you have to prevent these are all the easy questions see always if there are 16 questions so five six questions are so simple anybody with a decent exposure to soldiers professional get five six questions but those five six are useless because everybody else is also going to get it right correct okay across subjects so that'll come out to around 10 to 15 questions see with problems no the game is you have to play a very defensive game okay anything that comes from your standard books anything that comes from your ncrt's there is no way you can make afford to be weak in those areas okay like due process of getting it right correct you'll be able to manage it right so the point and look at this which of the following constitutional amendments was widely believed to be enacted to overcome the judicial interpretations of fundamental rights okay there are four statements here right many most students went for 42nd amendment okay which is wrong see the line is over and oneness you need to have very good clarity about the underlying concepts second is more branching out should have had happened so as to have prepared on related areas you can get around 60 to 70% of the marks in your exams intact right so I'll just show you maybe some five six teams we'll discuss today right five six teams which are prominently in news in the last few months just let's just take one by one have some discussion centered around that so that you understand oh in them are not good points at the club right so we'll start with and look at okay this is a question two questions were asked from topic later Indian president okay this is a question where you have answers simply from Lakshmi Khan you know the most people would have got it right okay Indian president has been handled for you right his election method all that okay elections powers disputes regarding presidential you can have got the sixth question right but then there was another question asked about president and people expected question of president will be asked why because last year was presidential elections right but nobody could have got this answer right I'll show you what is the question look at this consider the following statement with respect to elections to the officer president of India value vote for each vote of each MLA of Madhya Pradesh is greater than that of Kerala how will you know that so UPSC is having this so as to make you understand this I should not attempt better like leave it and okay if you're not if you would not have attempted the previous question on president you can say that these are the kind of current affairs no matter what you prepare you can actually you cannot attempt it at all but you should not be worried about this okay you should be worried about more about building not the factual knowledge but building the conceptual clarity on areas related to your current affairs okay so what am I trying to point out to you no matter what you read from newspapers some kind of questions are impossible to attempt but that should not be a justification for you to not spend more time on newspapers so philosophical questions can be attempted okay so I'll just tell you how it is how it works for example do you know that this is the 50th year of of Keshavan and the Bharati right 50th called as basic structure doctrine came into existence right then I have asked this question yes or no this question this fifth question was only asked based on that right so tell me in which of the case the supreme court had declared that fundamental rights cannot be altered yes Gholaknath you know that so which year was Gholaknath judgment 67 right 67 when which year is first amendment act 51 no relationship which year is 42nd amendment act Indira Gandhi 76 67 here 76 here so definitely something has happened in the middle right even if there was a logic in it I've got this 24th amendment that but the point is you should have known that Gholaknath case was the case in which supreme court decided that fundamental rights cannot be tampered right and the logic didn't okay similarly please excuse me yeah why are you talking sorry so how many of you are very clear about basic structure basic structure doctrine is illusion and all that okay so tell me which constitutional amendment act had expanded the scope of exemptions okay that are available to give effect to DPSPs yes what is it 40 42nd okay which you're right so which amendment had brought in a provision to allow laws that give effect to DPSPs to be exempted even if they violate fundamental rights very good this clarity if you have it's good so others have to develop that clarity okay I'll just give you a broad gist of what is this okay so that you learn something from the discussion okay why others are not able to answer this you also sat along with the same people or you are going for some special classes no the recollection linkages probably that comes when after the class you would have gone look that previous year's questions okay so basic structure doctrine okay that is in news 50th year of keshan and the barthi case a very landmark case in completely changing our understanding of the power of parliament to make amendments to the constitution correct so when did it all start okay I'll just discuss some five different things today okay all five recently news one is basic structure doctor second one is deli service as well third is right to marry okay and fourth can be about the women's reservation but okay and fifth is about Raul Gandhi's disqualification defamation sedition hate speech all those areas right so let's have that to be discussed in the next two hours of our time okay so we'll start with the first topic first topic is 50th year of keshan and the barthi case okay so if you choose to write you can write or I'll just listen okay see since the days of Karachi resolution of congress okay what is Karachi resolution famous for sorry fundamental rights okay yeah fundamental rights from the other narrow report itself had brought in the idea of fundamental rights certain basic rights which are ineligible to human beings Karachi resolution is even more specific for what we call today as director principles okay but in Karachi Karachi resolution of congress in 31 this differentiation between part three and part four rights was actually not made that was a later insertion in the constitution when the constitution was being made okay in Karachi resolution 1931 our founding I mean the freedom struggle leaders all that they wanted was some rights which are also having a socio-economic character to it right and you can trace the demand for Karachi resolution 1931 happened because in 1930s late 20s and beginning of 30s the communist and left influence was found felt very profound in the international congress right the communist congress socialist party was formed and communist movement was getting traction up in Russia so a lot of socialist influence was there no wonder in Karachi resolution in 1931 in Karachi when the annual session of congress took place congress party had resolved that the stage should provide a certain set of rights which are essential for their socio-economic upliftment for example there should be fixed hours of work there should be equal work pay for equal work done by men and women in the Maraisala these are what today are placed under part four of the constitution which are made non-justiciable in courts of law right but in the change can be traced back to 1930s okay so in the same period government of India 1935 came into existence because of government of India 1935 real power is going to be transferred in the hands of Indians where in provinces right in provinces the system of hierarchy was to be scrapped hierarchy was to be experimented in center now we in the provinces we move on to the next level of autonomy first level of autonomy is in 1919 where hierarchy was handed over the next level of autonomy is giving complete autonomy in the hands of Indian ministers to rule over subjects right so that is why hierarchy was abolished in government of India 1935 where I hope you know what is hierarchy and all that right hierarchy not end of ministers British ministers will be there Indian ministers will also be there and Indian ministers alone will be responsible to the legislature Britishers will not be responsible to the legislature either one the first level of experimentation whether Indians are capable of running a responsible government and if Indians are found to be capable we will look give more power in the hands of Indians and a body was appointed to see if Indians were successful in running their administration what is that body Simon commission it gave its recommendations it felt that yes Indians are sufficiently capable enough that is why the next series of reforms was brought in so as to completely transfer power in the hands of Indians so that they can run their administration there but that's to be explained only in the provinces right so provinces now there's a hope because of 1935 at okay Indians normally on there we can run the administration correct so there are multiple contenders you had Muslim League you had international congress you had justice party all of them were competing with each other somehow to win people's votes right and how can you win people's votes by promising them something right so that is why congress party promised if only we win elections and we come to power the first thing that we'll do is we'll abolish the Mandari system we'll redistribute lands why because the Mandari system which was a very satisfying and assured way of revenue collection for the Britishers it had its unintended consequence of making land a very transferable commodity you know that before Britishers land was simply heritable commodity it was not a transferable commodity what I mean by that is before Britishers I can pass my land to my successors I cannot sell anything because all land belong to the king right but after Britishers came the Zaman Dari system by conferring rights of revenue collection by conferring some kind of a right over a piece of land what happened is some people got record of rights in their name and if they are not able to pay the revenue to the Britishers that land will be auctioned off to the highest bidder because of which land kept on changing hands finally all land suddenly after this imagine this continuing for 150 200 years finally almost every land in India was concentrated in a few hands of few Zaman Dars the rest of the people were all landless correct so in 1930s itself when congress contested elections under the government of India 1935 the congress had made electoral promise if we were to come to power we will ensure Zaman Dari system was abolished land redistribution happens all this insecurity associated with tenure arrangements is all done away with everybody has something to own at the end of the day but it was a failure why one is because congress ministries ruled for a very short span of time only up until the outbreak of the first second world war right so 37 to 39 was the period in which they occupied power and even in that time the Britishers were very clever when they gave complete power to administer in the hands of Indians in the provinces they also created a parallel institution called as the second chambers in the states right Madras a second chamber was created but back then we had legislative council as well what is the origin for the legislative council 1935 government of the 35 act the second chamber in the Madras United provinces what is United provinces UP central provinces MP right Bihar Bengal Bombay all these places were the provinces created with second process second chamber and who are the members of second chamber landlords princess Zaman Das you know courage plan so imagine if at all congress now brings in a land legislation to abolish Zaman Dari system do you think it will be passed by the second house it will not be so that's why the congress had limited success in getting its electoral promise fulfilled in the 1930s so they were waiting for an opportunity to fulfill their adult promise and the first opportunity came when they were when Indians made a constitution for themselves right so and not only that in the 1950s it was decided that only six percent of the Indian population were literate educated the remaining people were all uneducated can you work make them work as chip designers without any education can they be made as machine tool operators so they cannot be employed either in service sector or in manufacturing sector so the bulk of the Indians have to be employed only in agricultural sector so 95 percent of the Indian population they are engaged in agricultural activity so that is why in the first five years planning and all agriculture was given too much of importance not only that so if you yeah imagine how can you increase their economic capacity economic power of all these people dependent on agriculture by giving them security of tenure okay I'll explain to you in simple words see I am the only person who's having all the land okay you're all working as tenant farmers in my land right what does it mean if I don't like you tomorrow I'll chase you out of the correct if you think you will go for long-term crops so what will you do you go for the shortest possible crop okay you'll be cultivating rice or you'll cultivate onions which is of low value but imagine if you have a security of tenure next what will it do is you'll think okay 10 years t could cultivation t could means one acre if I cultivate for 10 to 15 years I can probably get 1 crore rupees whereas rice so you start thinking of high value crops correct you start thinking of drip irrigation investments to be done don't you think that is how productivity can be increased right for that the first requirement is ownership should be conferred in your hands correct but the problem is zamindari system right so excess land is in hands of one person others are landless so that is why it was decided we will put an end to the zamindari system how by fixing land sealing limits okay a family should not own more than so and so percentage of so and so many acres of land that changes from state to state because over a straight land fertility changes okay you cannot say Rajasthan correct you should give more limits there 100 acres because what is capable of being produced in 10 acres in tanja or can only be produced in 100 acres so that is why land because of its variations land was first of all placed under state list we cannot have one central law that's why land was placed as a subject matter of stateless because of innumerable variations of categories of land okay so it is the state legislatures who have the competence to make laws abolishing land zamindari system can you get the point center cannot make zamindari abolition laws the only reason being that land is a matter of state list so that is why all state legislatures they came up with their own laws abolishing zamindari system and all the excess land being transferred in the hands of landless neighbors okay but immediately as soon as it happened this was a contentious matter of litigation which flooded all the high courts across the country okay madras tenancy reforms act what is our land reforms act west bangal zamindari abolition act no worry over a state where they made their own abolition acts as soon as these acts came into picture they were all challenged in their respective high courts as unconstitutional why because right to property existed and these laws were found to be violator of the fundamental right of property correct so now what is going to be the fate of all these land laws they are all about to be struck down as unconstitutional that is why parliament wanted to safeguard it oh fundamental right you are challenging it i will add an exempted group of provisions right that is why the first amendment was brought to the constitution okay can someone tell me the other utility of the first constitutional amendment act this is one to immunize land laws from being while invalidated by the court where a reservation yeah and what was the case law related to reservations champakam durai rajan right champakam durai rajan case indra sonilan later yeah that is also related but later so the reason for first amendment act was the verdict of the court in champakam durai rajan okay and what is the ground in which ampakam durai rajan question the validity of madras geo which provided reservation for obc's okay there was a ground on which she challenged that this geo is invalid what is the ground anybody it gave effective dpsp so that cannot be a ground of challenge correct 29 cultural and educational rights correct article 29 spoke speaks about cultural and education 29 and 30 so 29 clause 1 okay talks about no person shall be denied admission in any education institution on the ground only of race religion caste sex and moral so champakam durai rajan goes and questions this madras geo which is allowing obc reservation it is preventing me from entering into medical colleges and grounds of caste and the court said that yes yes yes it is invalid so that is why to invalidate the court's judgment the first amendment act was brought in which protected such reservations based on caste from being invalidated by the court so it is all a part of the first amendment act anyway so there are some landmark amendments which you should actually have a very fair idea about any other utility of first amendment act it added a few grounds on which freedom of speech and expression can be restricted under article 19 right the ground of public order it was actually added as a result of the first amendment act right in the way still amendment actually should have a very fair idea about its broad provisions okay so yeah first amendment act was brought in the first amendment act brought in some new articles which granted immunity for laws that are aimed at land reforms what are those articles 30 31 a 31 b right 31 a and 31 b two new articles were inserted as a result of first constitutional amendment act are the innings are first 31 a and 31 b abinah 31 a says that if a law has been made by the legislatures for the purpose of land reforms even if it violates fundamental rights it cannot be invalidated okay so if large estates are being acquired in that case even if it violates a fundamental right of property other than challenging it everybody is feeling that you are acquiring my large estate but it is affecting my fundamental right of property correct so it is giving that kind of a protection in the form of article 31 a and 31 b has inserted a new schedule to the constitution which is called as a ninth schedule right nine children is a list of laws which would enjoy this protection of being invalidated by the court so first amendment introduces 31 a 31 b right now a person is aggrieved how can parliament do this injustice to me right who's he shankhari prasad right shankhari prasad excuse me come here why are you leaving you learn dreamer oh in the time of attitude sit down sit down either if you not have come to the class or if you come at least you should be able to answer all the five questions okay you can leave no problem so yeah 31 a 31 b were introduced immediately shankhari prasad is now aggrieved right shankhari prasad goes to the court which court supreme court he goes supreme court he challenges the validity of first amendment can anyone tell me what are the questions posed to the court in shankhari prasad's case what questions were asked to the justice sorry you're right you're partly right correct anybody what is the question asked to supreme court judges it was asked does the parliament have the power to amend fundamental rights number one right and then the parliament mama correct second question that was asked was well constitutional amendments that are enacted under article 368 do they fit under the definition of laws for the purpose of article 13 correct why article 13 says any law that violates fundamental right can be declared null and void upper constitutional amendments in the longer definition can you bring them to me when the constitution amendment can be struck down as null and void correct these are the two questions posed to the judges right and the judge and what was the reply of the judges first question can parliament amend fundamental rights the supreme court says yes after all have we not modeled our indian system based on the british parliamentary model and in british parliamentary system is the parliament not sovereign can the parliament not do anything and everything except change a man into women and women into men how powerful are the mother so why not we also we can also do that there are no limitations put in the constitution on the power of parliament so parliament can very well make amendments to even fundamental rights second question right when can laws come under the category of sorry can constitution amendments come under the category of laws the court says no constitutional amendments are different laws are different after all don't we follow a completely different procedure right a overwhelming majority votes for article 368 amendments whereas the laws are simply passed by a simple majority in the party so in different procedures are followed there is a clear differentiation between constitutional amendments and article 368 and laws which are ordinarily passed so we know constitutional amendments are not laws so it means that constitutional amendments even if it while its fundamental rights cannot be declared to be invalid so basically what supreme court has done here is supreme court has judged that state action to give effective dpsp is occupies a greater importance than an individual's right of protection under our fundamental rights so the court is indirectly placing direct to principles at a higher pedestal than fundamental rights correct yes so the balance has shifted towards part three then part four sorry sorry part four then part three acts of direct to principles are more important than fundamental rights correct so state is very happy okay court is holding a way we can make land acquisition laws they started acquiring all laws lands of zamindas started redistributing it okay and then again what other amendment is related to speak in the chronological order no first amendment that's a link to basic structure doctor anything else that is linked to basic structure doctor what is that next amendment what's the next important amendment link to basic structure doctor sorry what is it 17th correct 17th amendment act what did it do 17th amendment act expanded the scope of article 31a exemptions okay what 17th amendment act did was article 31a only allowed larger states to be acquired and that cannot be challenged in the court of law but what 17th amendment did was not only larger states even lands held under personal cultivation chinichinal land and the kudas state can now start acquiring it is overpowering the state it's giving more powers in the hands of the state right so this was one of the changes was brought in 64 i think 17th amendment act which expanded the power of land acquisition in the hands of the state so this just went on and on and in 67 panjab government made an act which which is about again placing restrictions on the maximum ceiling limits okay panjab land in your act was passed which was affecting the interest of two brothers william and henry golatnath right two brothers were affected because they were into holding large pieces of land and because of this act passed by panjab legislature now their excess land beyond the ceiling limits is going to be taken away so that is why once again the supreme court is confronted with the case golatnath versus state of panjab so golatnath their brothers they are going and challenging the action of the panjab act okay in the supreme court golatnath's case so a higher bench of judges had sat constitutional bench was formed same questions were posed before the judges same questions of shankari prasad again asked what are those questions can parliament amend fundamental rights do amendments come under the category of laws now the court is reversing its earlier judgment completely opposite right and the court uses some good logic behind it so the court says can parliament amend fundamental rights you know what the court says for that yes what is it of course it says no but what is the reasoning behind sorry sorry what is it what it says is it looks it shows article 368 okay court shows article 360 if you read the text of article 368 today in the constitution do you know what is the heading of article 360 power of the parliament amend the constitution and the procedure thereof been put but in this case happened that was not the heading the heading was procedure to amend the constitution okay the word power was not there so the court said that see constitution makers have only prescribed a procedure they have not given a power in the hands of parliament to make any amendments so it means that you do not have a sweeping power to amend anything and everything what you can amend what you cannot amend we will tell you and the supreme court is saying in golatnath's case you cannot amend fundamental rights there is something so basic and ingredient about fundamental rights that it cannot at all be amended okay this is a state of Rajasthan there a minor a minor judge okay justice mudolkar in the case so he puts her thought that there is something basic about fundamental rights that it cannot even be amended I mean it's a another judgment altogether that philosophy was taken up by the judges in golatnath's case and they expanded on that and they now come with a conclusive judgment saying that fundamental rights cannot at all be altered right so this is like a complete death blow to the government's intentions of making amendments to fundamental rights correct second two amendments fit under the category of laws for the purpose of article 13 the court says yes and you know what is the logic court says the court says look at america if you want to amend the constitution a separate constant assembly is formed for that purpose correct and the mario or mandate or body a match and the body one day if it is making changes to the constitution I can accept that whatever the body creates is final but are we following the same process in India after all the same law making body a legislative body is sitting in its constant capacity and it's making changes to the constitution so it's not a separate body as such it's the same law making body so that is why constitution amendments will also fall under the definition of laws or in another constitution amendments can also be declared as invalid right so the state action and but the court said that my judgment this judgment will have only prospective value prospective effect so you cannot acquire land and all that but whatever has already been acquired is held to be valid because that cannot be reversed back because people have got ownership they have built houses they started doing agriculture it will end up having a civil war in this country right so that is why the effect of Golakana judgment had a prospective nature okay so now parliament is angry how can you prevent us we have a great socialist agenda to fulfill preamble talks about India being okay that is a later addition but that was a period where Indira Gandhi was coming under the influence of socialism right congress itself was broken into two Indira Gandhi did not find voices of support within congress so she had to look into look for support from outside parties and communists were willing to give her support so Indira Gandhi was getting a left tilt in that period right so that is why socialism was found to be very important at that period of time but what is the court doing the court is saying that you cannot amend fundamental rights so it is putting a full stop for socialism why why would parliament want to amend fundamental rights to give effective DPSPs and what are DPSPs socialist principles prevention of concentration of health ensuring everybody has access to resources for production correct so state action is directed at giving effective socialist DPSPs whereas fundamental rights are coming in the way of that as an obstacle so the state is now helpless the the judgment of supreme court in Golakana's case is preventing the state from acquiring a socialist character that is why Indira Gandhi immediately came up with the constitutional amendment itself so as to nullify the impact of Golakana judgment that is what is 24th as well as 25th amendment act okay so see you the club bothering so you know i don't have to talk about all this because i've just gone to the next topic right so 24th amendment act what was the insertion done in the constitution 24th so court in a salon you don't have the power to amend our party but later you add a new word power and the procedure see now we have the power correct that's how parliament responds back whenever supreme court by its judicial wisdom imposes some restrictions immediately parliament responds back for example now supreme court has has created a collegiate system for selection of election commissioners correct was it not met with the parliamentary reaction immediately parliament came up with an act for the purpose by coming up with the act right so that is the nature of parliament to respond right so similarly when judiciary spoken Golakana judgment parliament responds back by coming up with 24th and 25th amendment act so what is 24th amendment act 24th amendment act creates a change to the heading of article 368 it confers the powers that were found to be missing in the judgment of Golakana now those powers of amendment were conferred in the hands of parliament number one the second impact is of 24 judgment is it inserted a new constitutional provision which is article 31 c of the constitution okay what is that article sorry sorry that is a no no no it insert a new article called article 13 clause 4 to the constitution 13 clause 4 what is that Golakana what did they say constitution amendments are also laws they say laws are different constitution amendments are different that is the meaning of that nothing in this article 13 shall apply to constitutional amendments carried out under article 368 if parliament makes a constitutional amendment under article 368 that cannot be invalidated as a ordinary law gets invalidated so they are protecting constitutional amendments it's just a reversal of what the Golakana judgment had put forward right that is 24th amendment act another amendment act 25th amendment act was also brought in the same year of 1971 what is that that is expanding the scope of exemptions creation of a new article 31 c right already 31 a 31 b has been inserted now a new article is being inserted what is it new article yeah any law that gives effect to DPSPs under 39 b and 39 c of the constitution right if a law is trying to give effect to DPSP under 39 b and 39 c what is 39 b 39 c socialist DPSPs 39 b talks about prevention of concentration of wealth 39 c talks about redistribution of resources for common good and all right so can you understand 39 b 39 c other implement panramari laws without this parliament or state legislature even if it violates fundamental rights that will be never be questioned in a court of law right this is article 31 c a law to give effect to DPSPs under 39 b and 39 c will never be called into question before any court of law on grounds that it violates fundamental rights under part 3 can you understand yes can you understand how much the parliament has x extended its scope of law making correct in the panna order the indra gandhi after this she decided to dismiss the government dissolve the government she knew clearly that people will support her okay and moreover she was having a difficult time dealing with judiciary the years of golak not the golak not in the 17 work marines from the time left indra gandhi was facing a big headache whatever law she brings in judiciary will invalidate right bank nationalization indra gandhi felt it that is a urgent need for development of this country see at that time today's bank of baroda kenara bank panjab national bank is a lot of these are erstwhile private sector banks people were holding it in the private capacity owning it correct all that was nationalized right bank nationalization ordinance was first brought in in 69 right why did indra gandhi wanted to nationalize these banks so as to make sure credit is available also to the poorest of the poor of this country because even though they run under the moon alone loans will be given at 40 percent interest rate and it will be given only to close circles capitalist so the poor people are not having access to credit that is the reason why indra gandhi wanted to nationalize the bank and wanted to impose conditions of priority sector lending okay poor people give low percentage of loans must be given for so-and-so purposes right so that is why nationalization was done again that was challenged in a court rc cooper case right you would have learned that in the context of checks and balances and ordinance making powers right but that case was actually a case on challenge to bank nationalization ordinance the supreme court struck it down okay bank nationalization was struck down you know there's a concept called privy purses privy purses the royals where princely states where persuaded to join the indian union on the promise that a lump sum royalty annual pension will be paid to the correct that is what is a constitutional provision of privy purses that was abolished during indra gandhi strike that was again challenged in the court court nullified the action of indra gandhi so whatever indra gandhi wanted to do to reach out to people to make her standing popular court was standing in the way of it and golakna judgment was also similar to that that is why indra gandhi felt in the kumal in all i wonder i cannot tolerate this judiciary so she brought in this amendment she asked the president to dismiss i mean to dissolve the house she faced the people directly put forward an agenda to the people directly that was the time when congressmen went around speaking to the people saying that we needed a committed judiciary the judges who occupy the power positions of power in high court and supreme court must also share the same socialist belief as that of the politicians okay what is the impact of committed judiciary i mean right do you know that in 2021 i think there was a question asked okay what is the impact of committed judiciary in problems four options were given okay so as soon as people saw the first word committed judiciary or you know people aspirants assumed that wow actually committed judiciary means not that some judiciary that is allied with the philosophy of a ruling political party correct so now option first option some option was given fast disposal of cases but the last option is dilution of separation of powers correct so what is the logical option you should have gone for the last option correct but people assume they gave their own meaning to the word committed judiciary correct so this you could have got to understand about this terminology of committed judiciary in two ways either if you would have had public administration is that option in that way you could have come across a term called committed bureaucracy committed bureaucracy and the word what is committed bureaucracy what exists in USA right where all m government employees have to subscribe to the party ideology democratna democratic ideology you should subscribe but india that is not the case we have an independent and neutral bureaucracy so during basic structure preparation we should have learned about all this history of things that have happened in that case also you could have come across the word committed judiciary you could have got it right okay so anyway so that was a time when open speeches were made regarding the necessity of judiciary to be oriented towards the party in power all that was also happening okay so she faced the people she said that it's judiciary which is preventing me from making pro people policies okay you show to the judiciary that you support me okay the highest support to indian national congress was gotten that particular election people overwhelmingly gave a mandate to indra gandhi displaying it to judiciary that we reject your interference the government correct and it is in this changed environment it is in this environment where the judiciary was sent a message that do not interfere with people it is in that environment now judiciary was faced the next challenge which is keshavan and the barati case okay in keshavan and the barati case was a state of kerala right what happened same keshavan and the barati's land was taken out keshavan and the barati is the religious authority of a religious institution in kerala right so kerala government communist government it's a popular perception no communist government means it's against religion it is too much interfering interfering into matters of religion and all that right so kerala government passed a law which stripped the excess land that religious institutions okay whatever excess land you have you return it back to the state correct because of which keshavan and the barati lost his land now we went to the supreme court and filed a case he is now challenging the validity of 24th and 25th constitutional amendments right those questions were dealt by the court so what was the court's verdict 24th amendment act was completely upheld yes which of the following amendments were partly annulled in keshavan and the barati judgment okay 23rd 24 25 26 okay 24th amendment act was completely upheld so which means that the court accepts that the parliament has the power to make amendments to fundamental rights okay but 25th amendment act a part of it was invalidated what was that part the part see what is 25th amendment act i just told you no no what is that yeah any law that gives effect to dpsp even if it violates fundamental rights it cannot even be questioned in a court of law right that part was left out that part cannot even be questioned that alone was struck down why because the judges they sat they thought so much and they came came up with a set of principles which they felt are essential for the maintenance of the character of this constitution if any of these principles are affected the nature of the constitution itself will be changed okay i'll tell you and each judges they came up with their own set of principles okay what are those principles rule of law separation of institutions right power of judicial review right so socialists sorry sovereign nature of our constitution right republican character of our constitution in the marion the many judges they all sat together they came up with a list of propositions okay so one of the principles the power of judicial so it means that other one to affect one of the other but that is what 25th amendment act is doing 25th amendment act is trying to take out the power of judicial review so that is why the part of 25th amendment act alone was invalidated okay so basically we already have got the answer for this question was the direct result of supreme court's decisions which amendment 24th okay so anyway keshwan and the barati case had decided it had upheld the validity of 24th amendment act completely so it means that that is because the judges have also realized that it is not correct to put a blanket ban on the power of parliament to amend fundamental rights because constitution has to evolve over a period of time so judges had a revisitation of their judgment that they have rendered earlier so that is why the judges in keshwan and the barati case had completely taken a different stand from their brother judges of golak nath's case okay so that is why 24th amendment act completely upheld 25th amendment act part of it was anant right so this happened but the word basic structure doctrine was not put forward in this keshwan and the barati judge okay it was a hazy idea somewhere developed in the supreme court that there are some principles basic to maintain the character of constitution or the affect pannamna constitution character okay but indra gandhi was very angry at the outcome of keshwan and the barati judges right so that is why some of the judges who gave this judgment they were bypassed you know that they were superseded and it was a 13 judge bench okay they know what is the present strength of supreme court today 34 including the chief justice right so how can you make changes to this number of judges parliament by law correct it can make changes we have an act called a supreme court number of judges act right that keeps changing right so during the time of 73 the total number of judges in supreme court it was fixed at 13 right so a full bench of judges all 13 judges they sat together and decide upon these questions in keshwan and the barati case out of 13 the ratio was seven and six seven gave this judgment six were on the side of government parliament constitution makers never intended to have such restrictions so they were siding on the side of government but the seven judges the majority judgment they brought in limitations what is the limitation you can amend to the extent that the basic character does not get affected right so the chief justice was on the side of the seven judges the next three senior most judges were also on the side of the seven judges but the fourth senior most judge was on the side of government right he is in re marindanath re right so he will be made as the next chief justice superseding these three judges right this will set the course for clash between judiciary and executable which will be resolved in the series of three judgments in 1980 92 and 97 i think first judges second judges and third judges case right so what i'm trying to point out here is at the end of keshwan and the barati case indra gandhi was fuming with anger in the sense who are you to limit my powers of making changes to the constitution so she was on a way to constitute a review bench okay and the name but in achina some changes happen emergency broke out okay indra gandhi was on on her plan a and re was made as a chief justice now a and re was persuaded by indra gandhi make a review bench okay review bench and review your own decision that you have given in keshwan and the barati case and the limitations in the form of basic structure character of the law and the you should throw it out so she was on a course to have a bench to review the judgment in keshwan and the barati case but in the meanwhile emergency broke out okay and when emergency broke out something else also happened indra gandhi's candidature membership in the house was declared to be invalid okay because of what it was because of corrupt electoral practices okay under representation of peoples act 1951 we have a particular section which says some activities are called as corrupt electoral practice right what are those corrupt electoral practices yeah using public government machinery for one's personal electoral campaigns correct that would come under the definition of corrupt electoral practice what else that is electoral offense electoral offense is different from corrupt electoral practice okay corrupt electoral practices other things are bribing voters okay giving bribe to voters next is arranging conveyance for voters wheat learn the booth where you can keep going to do this all that is also corrupt electoral practice so so many things are there so indra gandhi was accused of corrupt electoral practice by one mr raj narayan right raj narayan had filed a petition accusing indra gandhi of misusing government machinery and and the court which and okay where can you file such petition correct in the respect to high court so since indra gandhi contested from up in the alha bad high court the election petition was filed accusing indra gandhi of corrupt electoral practice and what was the judgment of alha bad high court it said that yes indra gandhi yes it is she's convicted okay if she's convicted then she has to lose her seat right so that is why she immediately went on an appeal to supreme court okay at that time supreme court was on was on vacation okay a vacation bench vacation benches a single bench single judge will be there right krishna ayer we are krishna ayer who was also very instrumental in judicial activism public interest litigation so he was a judge at that point of time so krishna ayer had accepted the up against the order of the alha bad high court okay he was disposing it so when he was when the when the case was under appeal indra gandhi brought in a new amendment to the constitution what is it amendment 39 constitutional amendment act right 39th amendment act what effect did it have 39th amendment act said that the election of prime minister president speaker shall never be questioned before any quote of law that is 39th amendment act okay so validity of 39th amendment act was also made as a the pending appeal case in supreme court indra gandhi's case is pending right indra gandhi versus rajna raen spending the supreme court other than the supreme court decided to look into the validity of 39 the constitutional amendment act okay and in that case the supreme court once again reaffirmed the principles put forward in the keshwan and the barthi case that there are certain character of the constitution which cannot be amended at all so api thirupi thirupi okay when the judges of indra gandhi case came up with this basic philosophies that should not be altered they never thought that it will continue for eternity they thought that in this case we are coming up with the principle but because of its re-iteration in the next case in indra gandhi's case basic structure doctrine came to stay forever right it was indra gandhi's case which was a challenge to 39th amendment act which confirmed and reaffirmed the jurisprudence of supreme court as developed in the form of basic structure doctrine in the keshwan and the barthi okay right and in what was the impact of indra gandhi's case indra gandhi's case also added a few more aspects to this basic structure doctrine what is that free and fair elections were made as a part of basic structure doctrine right and one other case is also instrumental okay so indra gandhi case achieved this effect so the entire 39th amendment act which immunized the elections you know that was actually completely declared to be invalid in indra gandhi's case okay now parliament responds back how does parliament respond back 40 second amendment act okay it's like a battle going on between parliament and judiciary now parliament responds back parliament increases the scope of article so basically see parliament is angry so to nullify this parliament comes up with an amendment changing article 368 a new provisions were added to article 368 what does it say nothing shall prevent the parliament from making any kind of amendments to this constitution you know in a basic structure out there so we can make any kind of changes to it right that is that is the substance of 40 second amendment act and one more change was also brought in what was that the exemptions available under article 31 were further expanded like she said 31 c is a mounadi one day so ever happened on 31 c now you have a clear idea when was it added 25th amendment act if a law is made so as to give effect to dpsp under 39 b and 39 c now what they are doing is any dpsp okay so parliament is trying to expand its powers of making any kinds of law right so now if the amended article 31 c how does it read now it says that any law for giving effective dpsp any dpsp even if it violates fundamental rights it shall not be held to be invalid correct it has widely expanded its scope of amendment now this is now questioned in the next important case which is minerva amal's case right minerva amal's case is a case involving the state action of nationalization of a private industry okay what is this what is the meaning of nationalization of private industry do we have a constitutional basis for such laws of nationalization do we have such a constitutional basis for such nationalization laws no are you sure dpsp 39 b 39 c it allows for prevention of concentration of wealth nationalization is a way of prevention of concentration of wealth correct ambani itself having all industries all of the if the state takes it over no ambani has nothing ambani is also brought like everybody else so prevention of concentration of wealth doesn't happen correct so that is why nationalization laws then used to be in existence we had a law that nationalized industries the industries were poor performers okay so minerva amal's is a industry is a private industry in karnataka okay minerva amal's was brought under government control why was it brought under government control because it was a loss making for three or four consecutive quarters okay continuously loss making here the the government is saying that i will take over the industry why it's not just about your capital it's also about the livelihood of hundreds of laborers who are working in your factory so it has to be better managed that is why nationalization laws existed so as to take over the control of sick industries okay and under such laws minerva amal's was nationalized now the okay capitalist the owner of minerva amals he feels now in kasallam boat industry owner katti nahi what he national is going to do so he feels that his property is being violated right so he goes to the court files a case challenging the validity of minerva amal's case in that case the validity of 42nd constitutional amendment act also becomes a part of the questions right and the court gives a judgment what is the judgment the court gives a judgment by saying that see first amendment act brought dpsp is more important than fundamental rights go like not judgment what did it do it brought fundamental rights more important than dpsp's now keshwan and the barthi what did it do it once again brought dpsp's more important than fundamental rights because it is allowing laws that give effect to dpsp's can even violate fundamental rights dpsp's are held at higher pedestal correct in the maria now the court brings a a conclusion to this dispute which is more important than the other right and the court says that both are two wheels on the same chariot it has to run properly all that so the court finds a harmony that exists between both fundamental rights and dpsp's that is one cannot exist without other okay political democracy alone doesn't have any meaning until you have economic and social democracy similarly economic social democracy alone does not have meaning until you have political rights correct so that is why it was decided that both fundamental rights and dpsp's are equally important right so that was the judgment of mineral amel's case that sealed the position so that is why you will not find any other parliaments activism or parliaments adventure in making dpsp's more important than fundamental rights after this case other than the confusion later mineral amel's the question has been once for all settled that there exists a equality parity between fundamental rights and dpsp's okay so after that what has been the case of basic structured doctrine evolution it has all been piecemeal efforts at adding more and more principles to basic structure doctrine in sr boom my case which dealt about the misuse of article 356 a few more provisions were added to basic structure doctrine what was that regarding federalism secularism was added right indra sony case rule of law was added in the money basic structure doctrine keeps continuous expansion right so but the idea is that there are certain so if you ask me today sir can the parliament amend anything of the constitution can the parliament fundamental rights yes it can amend provided it does not alter the basic philosophies in the form of basic structure doctrine correct so there is no limitation on the power of parliament the only limitation exists is that it's a judicially invented doctrine which is the philosophy of basic structure doctrine okay that acts as a limitation okay apart from the constitution does not inherently have any limitations on the power of parliament to make any kind of amendments right so that's all this is the entire discussion centered around basic structure doctrine right so the most important amendments you always have to keep in your mind as first amendment 24th 25th 17th amendment as well then 40 second that's all these many amendments if you remember these are all what has led to today's basic structure doctrine narrative okay after that it's not amendments which are being questioned some actions which are whichever new cases go to supreme court if at all supreme court finds something can be added more to the basic structure doctrine it keeps expanding it's okay all right so the first theme is covered we move on to the next team so next team is related to yeah delhi constitutional status of delhi okay delhi serves us at right how many of you have a clear have a clear idea about this this issue of delhi serves this issue what happened what is this ongoing conflict between send delhi and the central government okay sorry transfer of civil servants okay but to understand this conflict to understand this issue clearly you should understand the constitutional provisions for delhi do you has it been already addressed in the classes here yes no okay okay so basically do you know what is seventh schedule yes seventh schedule divides the powers of lawmaking between center and states right so seventh schedule has list one it has list two it has list three right then the power of execution is there power of legislation is so tell me who has the power on list one matters this alone is exclusive correct no other state legislature can make laws on unionless matters can sorry sorry this is legislation okay legislation and execution so who executes council of ministers okay regarding stateless matters who can make laws state legislatures who executes state council of ministers for example in the case of polis we have tamallad polis karnataka polis separate polis departments right who makes laws governing the conditions of respect what about forest forest is a concurrent right who can make laws both parliaments plus state legislature state council of ministers with a caveat ordinarily okay ordinarily now if a parliament makes a law conferring the power of execution the hands of union authority then union authority can also execute okay for example you take school education right who executes state every state has its own teachers who give education but who can make laws on education both parliament as well as state right but execution is normally done by state education department but think about cbsc schools there you have a separate pool of teachers correct so until the center create a separate executor ordinarily on execute on list three matters the execution is done by state execute right so this is the normal principle okay but when it comes to union territories alone this undergoes a change okay what undergoes a change here you find changes happening what is the change are you guys clear about this distribution of powers yes but when it comes to union territories right we have a reason behind why some territories are here marked as union territories you can maybe you'll be taught in the census data when it comes to union territories like pondicherry du darman okay delhi these are all union territories imagine every union territory other than delhi okay for every union territory other than delhi the arrangement is see pondicherry is a separate union territory delhi is a separate union territory then all other union territories all other union territories like andaman luck they don't have a legislative body the assembly then in that case who can make laws on these matters the same parliament which can make laws so who will execute union council of ministers but with pondicherry the arrangement is slightly different okay the arrangement is pondicherry has a legislative assembly very delhi also has a legislative assembly okay so that is where for pondicherry and delhi parliament can also make laws on stateless matters see for states this is exclusive ordinarily only during emergency situation parliament can make laws on stateless matters for states but for union territories on a daily basis also both parliament as well as state legislatures both of them can be clause for less two matters right who executes state council of ministers but every day union council of ministers will give directions to the state council of where when it comes to states that is not the arrangement you imagine the case of Tamil Nadu do you think every day Amit Shah will call Tamil Nadu police dgp and tell him go do law and order like this he doesn't have the competence to do that but when it comes to union territories that is not the case the union can on a daily basis give directions and oversee the implementation of policies by the state executive right when I say union territory I'm referring to pondicherry and delhi okay okay this is the general arrangement but for pondicherry and delhi other limit there's a specific difference what is that specific difference for delhi alone some changes are made okay see if it is pondicherry okay if it is pondicherry on list two you have so many matters one two three four land agriculture animal husbandry coal is okay many matters are there all the matters parliament will make laws the legislative assembly of pondicherry will also make laws that's fine but when it comes to delhi the arrangement is slightly different okay what is that there are a few matters of state list on which the legislative assembly of delhi can never make laws what are those matters right these are three matters on which delhi is not given the powers to make laws okay and there is a reason behind that why delhi is a national capital right national capital land is always a commodity in demand for center why tomorrow india can go and have a new diplomatic relationship established with the country of kailasa you know there's a country called kailasa right so we can enter into a diplomatic agreement with them if we enter we have to create an embassy for kailasa here in delhi but if land is under the control of kejriwal do you think he will give land for center he will not so the friendly relationship gets affected correct and the central government always wants more and more land for building more parliament new ministries so that is why land cannot be given in the hands of state delhi government okay because you never know a kejriwal might have other plans he will feel that this is my land i could have built a shopping complex here i could have added to the revenue of delhi now these guys are asking for it i will not give this land i'll give a land 35 kilometers away okay that is the problem which can happen that is why it was desired when it comes to national capital territory lands the control over land should not be vested in the hands of the delhi government but instead it should be only in the hands of the union right same is the logic behind other polis polon public order okay narendra modi comes to Tamil Nadu once in a while so once in a while here if he comes here it is easy to coordinate law and order protocol and all be in touch but narendra modi keeps going here and there in delhi every day so that is why another government calling another offset of officials telling them he's going here provide protocol kejriwal may say that no no no i have another state function angadha on the police will be there it affects correctly it does not allow for a smooth function of the center that is the reason and more of a prime minister security all that is also involved in that so that is why the delhi polis is directly brought under the control of union okay so this is the reason why for delhi the power of legislation over these matters is not at all conferred under the constitution so while pondicherry can make laws on all matters of stateless delhi can make laws on all matters except these three matters of stateless right but center parliament can make laws on these exclusively plus all other matters yes or no yes clear delhi government does not have any exclusive sphere of legislation understand that correct whereas tamil nadu has an exclusive sphere of legislation that is list two but delhi government does not have an exclusive sphere it is always a shared sphere okay this is the constitutional arrangement and one of the subject matter here is regarding services okay right this is something that you should keep in your mind now you should understand the constitutional position of an authority called left and govern okay see when we made the original constitution we had one article called article 239 which dealt with union territories then this article was amended once to incorporate provisions for pondicherry in 239 a once again it was amended to incorporate provisions for delhi in the form of article 239 a a a b these were all introduced okay so when you read these provisions these provisions talk about a legislative assembly for delhi what will be its maximum size how much should be the size of the council of ministers right what is the procedure to be followed in legislative assembly so it also talks about an authority called as left one right the left and governor he is the representative of the president okay who will be always there in delhi right if at all a decision has to happen left and governor is not agreeing to the elected government okay constitution says this left and governor does not agree to the elected government's decision in that case what shall happen sorry the matter dispute will be referred to the president until the president decides this is where the problem starts okay constitution says elected government one then you have a left and governor so if the left and governor does not accept the decisions of the elected government the matter shall be referred to the president and until the president decides on that matter it is the left and governor's discretion which shall prevail so the constitution is some way trying to empower left and govern over the elected government right so this has been the prominent reason for dispute between kejriwal and between the left and governor all through the so many years okay see for example kejriwal wants to come up with very vote catching schemes okay like he wants to utilize swiggy zomato for door-to-door delivery of ration items rise around the swiggy la putta it goes to your doorstep people will like it yes he wants to give free bus passes for women in delhi buses women will like but left and governor will not prevent well he'll prevent it he'll say that mr kejriwal our financial position is so bad that we cannot do all these things our first priority is we should ensure hospitals are made better in delhi abhinah don't you think that democracy itself is affected here that is why people have voted for kejriwal people have expressed that he is the person who will represent my interest why is an unelected head in the form of left and governor deciding what what is good for the people correct so this dispute went to the supreme court in 2018 okay and in 2018 the supreme court a constitution bench of the supreme court desired upon the constitutional position of left and governor and the delhi chief minister it gave a judgment okay what is the judgment it said that delhi occupies a special position among other union territories okay one it does not it it has a elected legislature okay and it has no nominated members or anything so genuinely everybody who is there in the legislature of delhi they are all proper representatives of the interest of the people of delhi right so supreme court decided except for these three matters land law and order and what is that polis the moon tower in all other matters the left and governor has to act in the aid and advice of the elected government you cannot act independently right this was a supreme court judgment in 2018 okay now center government has come up with the issue it has created an issue in the form of notification a government central government that created a new notification what is the new notification center says the entire control over higher services okay group a services senior bureaucracy in delhi government okay delhi government has a lot of departments you know water board is there municipal department is there right land and every other department is also there so all the senior postings from now onwards will be decided only by the center okay that was the notification delhi government's power was excluded delhi government cannot decide on the postings and transfers and disciplinary proceedings of services of group a category okay this was a notification issued by the center correct now the up government they went to the supreme court supreme court looked into this dispute supreme court struck down this notification issued by the center okay on what grounds supreme court came up with a new principle called any idea anybody supreme court in this instant case recently in 2023 may the supreme court had given a new judgment and the judgment there are some principles that are put forward if those principles are violated action of the center will be struck down okay what is the principle it's called triple chain of accountability have you heard of that no okay it's a new constitutional development which helps us in understanding how the elected and the nominated heads in delhi have to function okay the supreme court in this present case it has come up with a principle called the principle of triple chain of accountability what is this first civil servants are accountable to the council of ministers okay council of ministers they are accountable to the legislature and the legislature is accountable electorate to the people okay if any action of the center affects any of this link the action of the center will be invalidated okay right can you tell me which part of this link is the action of the center in removing the control over services right which part of the link is getting affected first part correct where if i'm a minister i should be able to question and i should be able to take him to task for the just acts of omission and commission correct but if if this is taken out from me if you're saying that my delhi government staff will be answerable to some other group of people it is breaking this change yes what is the meaning of transfers postings disciplinary proceedings will no longer be in the hand of this people it means that you are reducing the accountability factor correct this is the reason why the center's notification of wasting the power of services exclusively in the hands of delhi government was actually it was validated by the supreme court okay so this was a principle that was put forward in this instant case it's called the triple chain of accountability any actions in delhi it will be tested against this principle and if any of the link is broken the action will be invalidated right so that is why the notification was declared to be invalid now parliament responded by parliament has come up with a new law okay i think it's called national authority act okay a new act has been made by the parliament what is the act okay the new act is basically to negate the effect of supreme court's judgment in this case supreme court had declared what delhi does not have sorry center cannot take away the power of states correct to negate this judgment a new act has been brought in national capital civil service authority i don't remember the name of the act exactly but an authority has been created new authority what is this authority it's called us national capital civil service authority as a result of this act maybe you can search on internet and find out what is the exact name of the act so what is the effect of this authority the effect is you are creating a new body okay what is the new body it will it's a composite body comprising of chief minister home secretary of delhi sorry chief secretary of delhi government plus home secretary of the union right three three authorities chief minister home secretary and chief secretary right three authorities will be a part of that body okay please listen carefully what does the supreme court judgment say you cannot exclude the power of delhi government okay but indirectly now what they are doing bringing a chief minister plus two representatives of the union don't you think those two members can always override the effect of chief minister correct so this is the effect of the act which has been recently made by parliament now the delhi government is once again agreed because of this act now they have approached the supreme court asking the supreme court to look into the validity of this act the question is still pending before the supreme court right yes we have to wait for the logic of supreme court whether it upholds this act or whether it nullifies this act but as of now these are the sequence of events that have happened delhi has a special constitutional provisions which makes it very different from other union territories right because it has a separate legislature because it has all the members only elected whereas pondicherry you will also have nominated members also okay jamu kashmir is yet to have a legislative assembly on its own but if you actually read jnk a reorganization act which creates a new legislative assembly for jnk you will find that there is a provision for also having two nominated members for jnk okay and those two nominated members will be only women members if at all the left hand governor of jnk feels that women representation in jnk is low because it's a islamic society there's a possibility that women may not come out openly and participate in political affairs right so there is a possibility of underrepresentation of women so if that happens in jnk legislative assembly the left hand governor can always nominate two women members as members okay so among the union territories with the legislative assembly delhi is the only body which does not have any nominated members right and it these are the provisions in the constitution which which prevents delhi from legislating on three result feels only for the center other matters delhi can also legislate but centers recent notification it excluded the power of delhi government to make laws and execute matters on services even though constitution permits it to do right so it was decided in this case that such a notification affects triple chain of accountability so hence the notification was invalidated by the supreme court as a response the parliament came up with a new act the new act tried to do in a coveted manner what it cannot be done directly how by diminishing the importance of chief minister and reducing his voice when it comes to listen all these matters transverse posting then disciplinary matter actions can you follow it yes so this is the recent issue that has happened in delhi so either on the epilogue question get on it whatever in the same manner like what i have framed the question like how much seats are there for delhi three seats are there and rajisabha for delhi okay so among the union territories delhi has the highest representation in rajisabha many union territories do not even have a single member also okay you should know that also and delhi has a special separate high court you know that delhi high court separately deals delhi alone right whereas pondicherry it's the jurisdiction is shared with madras high court okay so that is also another unique fact you can know with respect to delhi all right i think that much is enough to cover about center around recent issues regarding delhi all right we move on we move on to freedom of speech and expression the recent issues that are centered around freedom of speech and expression okay what all have happened in the recent days centered around freedom of speech and expression one is the defamation suit of rahul gandhi correct that was an incident that had happened in the recent past next is any instance of hate speech have you come across in the recent days what are what anything regarding hate speech sorry t and minister what did he speak okay but was there any complaint filed against him it was okay sorry parliament inside parliament no this bjp mp rami i think he went on a very aggressive speech against a muslim mp dhanushali correct such kind of speeches we do see often repeated against targeting against members of islamic community right so such kind of hate speeches often visible right and these days we don't come across many instances of sedition law being slapped against journalists and critics of against the government but otherwise until last year sedition was also very prominently because anybody dares to criticize the government immediately government slaps a case of sedition against them puts them behind bars right so defamation hate speech sedition they are all linked to the fundamental right of speech and expression okay so let's take the case of defamation suit of rahul gandhi right what has happened in that instant case rahul okay first of all what is the defamation what is your answer defamation bringing down someone affecting the dignity of a person okay sorry yeah it's basically a conscious attempt do you want to break okay so if you if you just want to use the washroom and all drink water maybe you can just go no problem so defamation is a willful attempt to cause ill repute to reduce the standing of a member in the eyes of the society okay it can have various impacts the impact is basically it can be political right it can spoil a person's political career completely or it can spoil us economic chances right if you go and speak bad things about me then tomorrow parents will be reluctant to enroll their kids in the academy correct so this is how defamation can have political consequences economic consequences it can also have a lot of social consequences also how do you know that people if you have watched all those vintage english movies and all you will come across knowing how people settle disputes between them earlier okay why how do they do it by gun if i feel that i have been insulted by another person you know they used to call each other to a duel duel right duel right they know one of the governor general of india fought a duel with one of the member of his council okay so varan has things right varan has things he was impeached in london you know he was called to london and then he was tried in the british parliament and all that because of a lot of instances that happened in india basically the idea that i'm trying to say is varan has things and one of the member of his council philip francis both of them they stood next to each other they took rifle pointed at each other pistol at each other one two three they fired a shot luckily varan has things shot was the first to reach the other person and that is how earlier people used to settle rivalry between themselves okay so that is why defamation became a offense in england in the 16th and 17th century so that if people feel that they have been aggrieved because of somebody's words they can peacefully settle it in the court of law rather than fighting it on the streets in britain okay that is why to prevent anarchy and public disorder in happening defamation was made as a an offense okay so defamation is an offense in indian context as well as per ipc we have section 499 and section 500 of indian penal court not only that defamation is also one of the listed grounds under article 19 which acts as a reasonable restriction on a person's freedom of speech and expression right so if you read article 19 there are a lot of freedoms guaranteed along with them now grounds on which the freedoms can be restricted are also actually brought in in the same article it's okay so defamation see these are type of questions that up is he can ask for example the term contempt of court okay is defined in the constitution is it so it's not defined it's mentioned okay what is contempt what is civil contempt what is criminal content okay but when you read laxmi can't everything you read it in one go i don't know what constitution there is what separate act no one thing okay but defamation is something that is mentioned in the constitution also also declared as an offense as per a separate law that is indian penal court okay right so what is this present issue regarding rahul gandhi rahul gandhi was addressing election campaign in karnataka in kohler okay when he was in that election campaign he made a passing remark remark he expressed his surprise that why is that all thieves have the surname modi okay he was actually referring to nirav modi lalit modi correct so but his intention was to bring narendra modi also in that category okay but the problem is that speech was perceived by certain members of the modi community modi is a caste group in gujarat right so those community people they felt one of the member who's actually a bjp m la in gujarat so that member had perceived this is a speech that has defamed him and his community okay so that is why he went and filed a a defamation suit in a district level court okay trial court in gujarat the trial court had declared that rahul gandhi is guilty of defamation so he was given the maximum possible punishment usually defamation cases people are just given a warning okay warning alert at least fine will be slapped on them okay minimum amount of fine just a symbolic punishment but it's a matter of surprise that for this kind of a statement where one person was not actually even targeted okay if at least if lalit modi and nirav modi come and file a defamation suit we can accept it because they were mentioned in that speech modi i don't know what praveen modi or some other modi he was affected he was not even mentioned in the speech but he had gone and filed a case and of that the court had given the maximum permissible punishment for defamation on rahul gandhi correct and once the punishment was given rahul gandhi tried approaching appealing it on in gujarat high court okay the high court refused to accept his appeal petition so that that's why he had to go to supreme right and when he went and filed the petition in supreme court the supreme court had stayed the execution of the sentence why because the supreme court looked at the order of the lower court it felt that the order the order of the lower court is not in the best interest of justice okay what do i mean by that a judge gives a judge what is the reason why he has been compelled to give the maximum possible punishment in this case he should give a very clear speaking order that is that he should prove it and prove his order i'm giving him maximum i think three years of imprisonment i think two years two years maximum imprisonment has been awarded the reasons of why the maximum punishment was given was found to be absent in the order so the court this is not correct correct so that is why supreme court had stayed the order it had asked the court to once again try and once again give this judgment okay so in the meanwhile what all has happened that is worth considering as soon as the order was given immediately rahul gandhi was disqualified from the membership office loxaba from loxaba okay but do you know the grounds on which a person can be disqualified from their membership of loxaba what are the grounds sorry what are they okay if a member holds an office of profit he can be disqualified on grounds of defection he can be disqualified and on conviction on offenses okay on grounds of conviction for offenses for which the period of imprisonment is for a period of more than two years correct okay tell me who is the authority vested with the powers to disqualify in all these three instances speaker in case of defection okay very good president on the recommendation of election commission of india with respect to disqualification for a holding office of profit same with respect to the source disqualification on conviction right president on the recommendation of election commission of india okay so the grounds of disqualification are three for holding office of profit for on grounds of defection as well as on conviction for certain offenses okay so which section of rpa talks about it section eight of rpa 1951 see there are two laws which deals with elections in this country one is representation of peoples at 1950 the other one is 1951 the primary difference is 1950 talks about everything that happens before election for example earmarking constituencies preserving some countries for scs how electoral role is to be created okay all the procedures to be followed who are the officers for registering voters in the electoral road all those matters are dealt in representation of peoples at 1950 what about qualification disqualification for contesting elections right all that corrupt electoral practices electoral offenses how polls are to be conducted who's a presiding officer who's a returning officer and how can disputes be raised what are the forums to raise all that given in rpa 1951 so you can say that before election happens all those subject matter is in rpa 1950 conduct and post conduct of elections all that will be subject matter of rpa 1951 so rpa 1951 has a particular section called section eight okay section eight of representation of peoples act is what disqualifies a member on grounds of conviction okay and when you read that there is even a finer differentiation section eight has two types of disqualification one is on if you're let's say Raul Gandhi's conviction two years of imprisonment correct so Raul Gandhi is put in jail today let's say he's imprisoned for two years upon his release after two years in here in the six more years here's disqualify then there is another provision in the same section eight which says that if you are instead of offenses if you are let's say your court has punished you court has found you guilty of corrupt electoral practices okay in corrupt electoral practices treatment is different okay let's say you're held guilty for corrupt electoral practice one year imprisonment if it's one year imprisonment does it fall under this category we cannot even be disqualified see let's let's say I use bad words in the public that is also crime using obscene language in the public right but the what is the punishment given maximum six months of imprisonment our muscle imprisonment can i be disqualified i cannot for corrupt electoral practice the punishment varies up to a maximum imprisonment of two years okay let's say the judge who tries this case of corrupt electoral practice gives a judgment saying that i am to be punished with an imprisonment of one year i mean normally i cannot be disqualified but if it is a corrupt electoral practice even if i'm given one month imprisonment also i stand being disqualified okay that is the difference between these two provisions okay for corrupt electoral practice the duration of imprisonment doesn't matter if i'm held to be guilty under corrupt electoral practice itself i stand to be disqualified for a period of six years from the day when my jail time starts it's not six years after this period but from my day when i am convicted from that period up to a maximum period of six years right so these are the difference so do not think that for the offense of corrupt electoral practice also two years imprisonment is necessary okay so these are there in section eight of rp1951 earlier there was another section subsection of section eight which is called the section eight subsection four right it reads like this section eight four which was invalidated by the supreme court in the year 2013 okay in a case called lily thomas versus union of india okay lily thomas is union of india case this section was declared invalid okay what grounds on the ground at okay what is section eight subsection four it said that if you are a sitting ml a or a mp okay if you are a sitting ml or mp by a court okay you are given conviction you have a period of three months within this for the first three months you will not be it's qualified on the moon masterkula if you can immediately go to a higher court and get your conviction appealed if the high let's say sessions court in a district it has given me rape i have committed seven years imprisonment i am a sitting ml a in that case i still have three more months i can immediately go to the high court which is the appellate channel go to the high court and appeal my sentence right if i appeal if the high court has accepted my appeal high court can take 10 more years to dispose the appeal okay just that i have to get my appeal my judgment in the lower court i should get it appealed in the higher court i have three months time the three months i should have got it appeal if i can get it appeal within the three months in that case until the high court dispenses of the petition i will not at all be disqualified can you understand this if i am a sitting ml a and mp i have a great period of until which no disqualification is possible but if i am a common man this period is not right this was held to be unconstitutional by the court on what grounds article 14 of the constitution okay equal protection of laws what is the logic can you differentiate between people yes you can you can yeah like should be treated alike right so if a person doesn't have one hand okay it is very logical he should be given a scribe in writing so those examples right so those who have bodily deformities they are treated as a separate class they are given a separate race to run they are not put in the same race to run so differentiated treatment alone can ensure justice in various instances so differentiation is not a problem per se differentiation should not lead to adverse discrimination okay so that's why i ask you a question about intelligent ground of differentiation correct given the religions regular when i differentiate that people who have physical deformity they will be given scribe okay or they will be given three more one more hard extra time will be granted to them okay there is a logic behind this there is a clear reasoning why because their informities is preventing them to be as efficient as a person with no deformity correct there is a very clear intelligent reason why a differentiation happens and the maringa differentiation under the logic okay what is the logic in treating them a special category and treating citizens as a different category there is no intelligent differential reason so that is why this differentiation was held to be arbitrary and arbitrariness strikes at the root of equality so hence this differentiation which was there in section eight four of rpa 1951 this was held to be invalid okay his fodder scam that happened when he was a beehar chief minister okay but so when the judgment came in the lily thomas case supreme court had also done away with this three months of grace period that is why he immediately had to go to the chain right he was disqualified from his membership of the houses right on the time i remember i was preparing for my examination at that point of time and dr manmohan singh was the prime minister lalluprasad yadav was also one of the coalition partners of congress at that period of time so the congress party they convened the urgent meeting they wanted to come up with an immediate ordinance so as to nullify this action of of supreme court okay i remember still rahul gandhi was a young chap then okay he came into the meeting he took the draft ordinance for the camera medic literature little did he know that after 10 years the same provision is the reason why he was actually disqualified if that was brought in today he could have got that grace period then he would not even have been disqualified correct so because this was struck away with that is why rahul gandhi could not get this period that is why immediately he was disqualified but now what has happened is supreme court has stayed the executable the sentence okay there is another case law i'm not able to remember the case law and the case law and the n s will you could not three four years back there was a case law which supreme court says that if a sentence of conviction has been stayed by the supreme court even the disqualification will cease to have effect okay that is the reason as soon as supreme court stayed the execution of the sentence that is the reason why immediately rahul gandhi's disqualification had to be set aside he was able to once again regain his membership of lokshaw okay so the idea that i'm just not able to remember this case law just go and about it when it comes to this disqualification there are only two case laws that are relevant one is lily thomas case then there's another case that other case is related to if supreme court sets aside conviction okay this also ceases to have effect okay i'm just not able to remember that case law but that case law is also very relevant here okay because of which rahul gandhi was allowed to regain his membership of the house so this was the incident which happened in the context of defamation but upc can ask a very a different question of defamation it will not ask about all these issues these are all issues that you should know in your back of your mind upc can ask a question something like this or laws against defamation voices of dissent okay laws against defamation can be weaponized to silence voices of dissent the role played by judi sherry in striking a balance between defamation and freedom of speech and expression okay this will be the nature of questions that upc will ask okay laws against defamation can be weaponized to silence voices of dissent with the courts in this context highlight the role played by judi sherry in striking a balance between defamation and freedom of speech and expression with the help of relevant case laws no upc is now becoming very fond of asking case laws okay 10 years back when i used to like my exams case law not to be able to be able to be able to write we used to feel that we can write that we feel special and exclusive when we write case laws now upc itself is asking with the help of case law he is telling me this right look at last year's question have you ever thought if you have heard all these things what to do tomorrow are you thinking about look at this question eighth question relevant constitutional provisions and case laws constitutional provisions everybody will know article 14 15 16 you will talk about all that case laws right that is what is called special preparation must go in for your means okay and i don't believe in a preparation for problems as such i have never prepared for problems my preparation was only always for means so problem separation actually happens only two three months before your problems example rest of the time your entire preparation is only directed at building all these good write ups you know consolidating everything that you read as a good narrative okay that is a skill that you should be building okay so because whatever you read in your textbooks may not be asked your example and even if it is as i tell you that will not give you that competitive edge okay that edge is where your your preparation should be directed at means of them are the other in the question number explain the structure how everybody will write good answer the range of marks for this question okay see somebody's writing means it means that he has prepared for minimum three years two to three years correct that's why he's come to the level where he can write us main examination okay so when he's writing that he's competing with 15,000 more aspirants who are also on the similar levels so you don't write so what i want to point out is what's like is the maximum mark something around right the least scoring main candidate might be six or six point that's all everybody almost writes the same answer okay so in the question okay okay so but i'll tell you a question like the form on which i just showed you now constitutional perspectives on gender justice you know only if you can create that impression with those three or four questions per question paper but those are the swing questions one is those are the range creating questions not this the exact question but years where questions have been asked which people cannot even comprehend what has been asked i'll tell you a question okay in 2019 or 20 there was a main question asked okay it is by resolution of contentious issues regarding distribution of legislative powers the principle of federal supremacy and harmonious construction have emerged all of them discuss can you understand it is by resolution of contentious issues regarding distribution of legislative powers the principle of federal supremacy and harmonious construction have emerged and the law nobody would have nobody was actually able to write an answer for just to fill in the pages because somebody had told them you should just fill in all the answers, all the pages. In my opinion, I would say that if you don't know an answer for a question, please don't write anything. Okay? But at least if you leave it blank, yes, you may not get that half mark there. But the examiner feels that he is a no-nonsense person. Correct? So it's all about that impression that you create in the minds of the examiner. That impression creation also happens how you answer and answer a question which others are not able to answer. So for example, the justice question, the range of the marks can be something between 3 to 7. Okay? If you have a case loss, you will be somewhere in the top range. Case loss, all the institutional provisions, you don't know how to justify it, you don't know how to write, you have something in your mind, you don't know how to put it. If you have suffering problems, you are on the lower end of the spectrum, 3, 3.5. If your writing skills are average, if you know article 14, 15, 16, all those provisions, how do they ensure justice? Somewhere around 5, 5.5. Okay? But if you are on the top screen, 6, 7, 7.5, right? You can get marks edge in these kind of questions. Let's say three questions you have. Okay? Six marks edge in three questions. And this bill over effect can also be seen in all other questions. As I told you, the impression is set in the mind of the examiner that, okay, very potential candidate. All of them are given a six mark. Per paper, you can get a 10 mark edge over other friends. This is what is going to decide whether your name figures in the rank list and even in the rank list, where you stand in the rank list, all that. It is this half mark struggle that is what is going to decide. Not the commonest answers. The commonest answers anybody can deliver. Okay? But these swing questions. Okay? Have a lot of the... How am I better than another aspect? Trust me, people are 24 by 7. They are only obsessed with those thoughts. Okay? Since I am now in Delhi and I see a lot of aspirants over there when they come and do their writing practice, all that. After writing when they come, the only question is, sir, what more can I do to get better than that person? You told that you showed me this is the best answer copy. Tell me. Tell me. Okay? They are mad about excelling over others. Correct? So, there is a lot of preliminary work to be done. Lakshmi, you have to finish that first. You have to look at the questions. You have to write. You have to write daily. Okay? So, it is a long process. But anyway, why did I start with this? Yeah, I was explaining. There should have been some reason for showing you this. Yeah, yeah. Case loss. Case loss. So, case laws are important. Nowadays especially, every year at least 2-3 questions UPSC is focusing on. Case loss. Last year also there was a question. See this question. You cannot write this question without case laws. Seventh question. Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progress of society. Illustrate with special reference to expanding horizons. Okay? So, if you were to write an answer next year, okay? Can you bring... Okay, if you were to write an answer next year. This is the question asked next year. You are getting an idea about that. Can you think creatively about what kind of news bits that you have gathered recently could possibly be used as an answer for this question? Sorry? Yeah. But where will you... how will you write about it? Write to life of an unborn fetus. Correct? Anything else? LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. LGBTQ. AMB, OK. Okay, so. SVP, OK, OK, OKaaaa. Okay! It is a constitution made for a progress of society, illustrated special reference to horizon of right to life and liberty. So reservation has never been interpreted as a part of article 21, that cannot be written here. Only expansions of how article 21 has brought in various implicit rights under that, that should only be written here. Sorry? Yes, right to privacy should be brought in. That right to privacy, where did you encounter it? In form of Putta Swami case. See, what is the problem? You will tell all the points here. Putta Swami case, right to privacy. That cannot be written here. What are you talking about? Sentence, that is the skill. I am not able to see that. Special reference to expanding horizons. Who has expanded the horizons? Judicial case laws, which has made India a progress of society. What is a progress of society? Where more tolerance, where acceptance of varied practices, instead of imposing a single way of doing things, we are able to take along a lot of people on board with us. See what kind of decision we can make. Progress of society. You are right. In the sense Putta Swami case can be brought in here. But what is the essence of your argument? What are you going to convey to the examiners? So and so things happen because of which society has become progressive. What is that? Data protection and progress in nature of society. What is the link? Actually, when you say Putta Swami judgment, do you know that Putta Swami case is relevant to this LGBTQ issue? Do you know that? Putta Swami case, you don't think that right to privacy is not only about governments looping on you. It's not only about that. Privacy, in Putta Swami case, in fact, when this entire right to marry of homosexual in that case which happened in Supreme Court, the respondents who filed this case in Supreme Court, their argument was based on three recent judgments of Supreme Court. One was Nalsa judgment. The other one was Naute Johar, where homosexuality was decriminalized. The next one was Nalsa. Third is Putta Swami case. In Putta Swami judgment, the Supreme Court said that right to privacy also includes the right to be confidential about one sexual orientation. Correct? So it is making a society more progressive in the sense we are respecting the sexual orientation of another person, not forcing him to confide, speak about it or to discriminate against somebody on grounds of sexual orientation. That link is what is missing. That is what I need. Or if Article 21 would have been taught to you, correct? Right to dignity in which all cases was that brought. Sorry? Yeah, you can write that also. Adultery has to be decriminalized. That can be also brought. Right? You know what is adultery? What is the difference between adultery and extramarital affair? There is a difference between that. You know that? What is that? When a married woman is involved, it becomes adultery. Okay? The man could be of any status, married, unmarried, anything. But if a married woman is a part of an extramarital affair, it becomes what is called as adultery. So the man who has a sexual affair with a married woman, the man can be arrested and put behind bars. You know what is the logic behind that? Because women is my property. How can you steal my property? Right? Because you are now making me in a miserable position about not knowing who the father of the offspring is. I thought it's my son and my property goes to him. But it was not even my son. It is because of this logic, Englishman's logic, Victorian morals because of which adultery was made as a criminal offense. Okay? So that Victorian law, which was in India, made during the colonial times, that it took 70 years to be decriminalized by Supreme Court. Yes, that case can be brought in. So that has restored back choice in the hands of women. Right? So women, that also treats as women are incapable of making their own decisions. But this decision of Supreme Court, yeah. So this decision of Supreme Court has given, what do I say? Choice basically, correct? So that is what I am writing. Okay, anything else? Is it making a progressive society? That is the only point. I can tell you one thing. Even when you are imprisoned, you have to be treated in a human manner. Correct? Just because you are imprisoned, you are not forgotten by the society that you can be tortured and tormented in any ways. Correct? What case is that? Francis Corioli. Okay? That is what brought right to dignity. Right to speedy trial. Speedy trial, whether if I am a guilty person or not, can be easily uncertain. My life can be saved from being wasted away, rotting in the jail. Correct? Yes. So the rights of under trials, prisoners, convicts has also been expanded by Supreme Court, protected by Supreme Court in various judgements. That is what I am writing. A society which cares even for its criminals, don't you think that makes for a progressive society? Correct? This is the main answer. There should be a creativity and a spontaneity which should be exhibited on the day of your exam. I am sure it will come to everyone. Okay? So find out the sources of reading for all these. Okay? So I would always suggest students a book called Constitutional Law by M.P. Jain. Okay? It is a 2000 page book. And I can tell you, last three years UPS equation. Wherever case law was asked, you will find that answer for that question will be there in that textbook. Okay? Article 21, please read that book. Do this assignment. Don't read the book entirely. You can get a soft copy of that book, Constitutional Law by M.P. Jain. Okay? Take that soft copy of that book. It is available for free download on the internet. Take that book. Article 21 would have given a heading. Environment and Ecology. Okay? When you read that, you will definitely get the answer for last year's first question and means. The greatest success of judicial activism is constitutionalization of environmental issues. People are all staring at each other after the exam. You can answer that. Taj Trapezium case. Okay? Mehta case. Vellore Citizens Forum case. All of you will know this today. Okay? After you've asked the question. If you want to know that, you can only know that. Okay? That is why I am not a very great fan of reading so many books for this examination. But I would like to read something which nobody else reads so that I alone have something that others don't. You know? That is very essential for this exam. Maybe in the days to come, you will slowly realize that. When you want to have a good reading for case laws and all that on different issues, M.P. Jain's constitutional law, but you won't ask any polity faculty. The first response is don't waste your time reading. Okay? It is true. That is why I say you should not read the entire book. But whenever time permits, you do a selective reading of that book. Put Nali case law every topic. Okay? If you would have read that book, you would have got the answer for this gender justice case laws. Okay? The constitutional perspective of gender justice is the help of 11 case laws and constitutional provisions. Okay? As soon as I even saw this question, I got two case laws in my mind. One of the case law is what is called as Pragati Varghese versus Cyril George Varghese. Right? What is that case? That is a case in which the Indian Divorce Act was invalidated by the Supreme Court. Sorry, Bombay High Court I think. Okay? What is the Indian Divorce Act? It deals with marriage and divorce of Christians. We have different laws of marriage and divorce. So for Christians, the law that governs their marriage and divorce is what is called as Indian Divorce Act. What is the actual provision? If a Christian woman wants to get divorced, sorry, I am a Christian man. I want to divorce my wife. The only ground I can divorce her is on grounds of adultery. But if she wants to get divorced from me, she has to prove that not only I was into adultery, but she should prove that I was also involved in bestiality, torture. So Kothik Pona, as per the Indian Divorce Act, she will not be simply given divorce just because I was adulterous, but also because I was inflicting torture on her. Can you understand how discriminatory the provisions are? Correct? And in this Pragati Varghese versus Cyril George Varghese, that section was invalidated by the court. Okay? Don't you think that allows for equality between Christian men and Christians women? So constitutional perspective on gender justice with the case law? Yes. Like that, you get everything from that textbook. Okay? So that should not be read in the first year of your preparation because you don't have the time to do that. But with time, problems clear out of it, it will take a long time. Otherwise, it will be very useful. Okay? So whether you clear problems or not, the next period after your next problems, that is the best possible time you can get for your preparation. Okay? So make use of that time in a very productive manner. So anyway, yeah, I was talking about this defamation case. When it comes to defamation, there are three case laws which are relevant. Okay? One is Subramanian Swami versus Union of India. Second is Khushbo versus Kanyakumal. Okay? And third is Rajagopalan versus state of Tamil Nadu. Okay? First, Subramanian Swami versus Union of India. It was in that case, defamation was challenged as a defamation law for 499 and 500 of IPC were challenged contradictory and ultra-viars of Article 90. But the court had upheld it. I mean, what reasons have upheld it? Find it out. Okay? Khushbo versus Kanyakumal. That is also another significant principle put forward by the Supreme Court, which said that defamation applies not only to an individual but also to a group. But the group should not be an indefinite group. It should be a definite smaller group of individuals. Okay? That is the logic which the Rahul Gandhi's lawyers have argued that Modi, it can be an indefinite group. I did not say Modi of Ananagar. Correct? So, Rahul Gandhi's lawyers are arguing using Khushbo versus Kanyakumal principle that Rahul Gandhi's statements can be directed at an indefinite group of individuals. It is not a small limited group. So, it does not even amount to defamation. Right? That was the principle put forward. Do you know what is the Khushbo versus Kanyakumal case? That was a case where Kanyakumal was a PMK worker, Patali Makhalkachi. Right? So, she went and filed a case. Okay. All right. So, we will have some more sessions in the future. Okay? Current of our sessions. I will meet you in the coming days. So, as of now, we do have a lot of ground to cover. But I would ask you to do your own preparation. Please, just one more minute after that I will let you go. With respect to defamation, sedition, hate speech, have two or three case laws in your hand. And the best websites to have a collection of case laws, I am personally found on this website called wire.com. Okay? Wire. Wire. W-I-R-E.com. Okay? Wire. It is completely targeted by the BJP government because it is very, very anti-government. But it is anti-government with a clear set of logic, clear mention of cases. Okay? It is very critical. But that is how a media organization should be. So, wire.com gives you good perspectives. You can filter out whatever you want to choose out of it. Because most of the news platforms that I find online, except for Hindu, everything is pro-government. There is nothing tangible to have another side of the argument. So, that is why wire will give you good perspectives. You can have a look at them. Okay? So, regarding hate speech, defamation, sedition, refer wire.com. Get some case laws. Enforcement direct rate is another topic which you can go through in depth. It is very confusing about the jurisdiction of ED with respect to PMLA and all that. Okay? So, just go through it and we will meet in some other class with new set of topics and we will have some discussions. All right? Okay. Thank you.