Waqf Bill Paused, Governor Power Stripped | SC's Overreach Or Democratic Balance? | Akash Banerjee

We are now seeing a constitutional crisis so making this episode was necessary I am not talking about Bengal crisis, we already made episode on Mamata Banerjee This crisis is getting serious in national capital between Govt and Supreme court We understood this when Vice President Jagdeep Dhankhar raised the question directly to the Supreme Court. He called the Supreme Court a super parliament and said that Article 142 has become a nuclear weapon against democratic forces. And how can the Supreme Court give direction to to President of India Dhankhar sahab is asking on what the Supreme Court is able to do all this.

On what basis is Dhankhar sahab saying . . .

he is also ceremonial and not elected. But not only this. .

The Supreme Court has started asserting itself after many years. And this can be a face-off against the government. The Supreme Court has asked questions on Waqf amendments so Govt also got agitated and nervous by it So it has asked for a stay.

. . we will talk about that Even the case of Wikimedia was overturned ANI has been asked to return to the High Court.

Kunal Kamra has also been relieved. Now, Shiv Sena workers will ask ask how will they reach Tamil Nadu But before Dhankhar sahab, let's talk about the waqf Board. What did the Supreme Court say that made the Centre so nervous?

The implementation of the waqf Act has been put on hold till 5 May. Some tough questions have been asked. This embarrassment is for the government.

The government said that it has heard the opinions of so many people, it has done the consultation process, long debate After that, why is the government not ready to answer some simple questions of the Supreme Court? And these questions are not new to us. We had asked these questions in the Deshbhakt episode.

Opposition parties asked them. The government ignored them because they have the strength in the parliament. But now, looking at its attitude.

It has now started to look at issues We have also talked about corruption and false claims. There was a deeper meaning, deeper conspiracy, deeper game plan which supreme court has tried to stop Waf by user was removed in the new amendment If a property is being used for 200-300 years, whether it is a graveyard or a mosque the new act said that if you are not registered, if your property is not registered, then it cannot be considered as valid, basically, the government can also take over. When the Supreme Court asked this question, the government said, we will present you more documents.

This is a 100 years old matter. We will have to go back to 1929. .

So, give us some time But, we will not do anything until then. Although, we saw that some governments had already started doing surveys So, there was an attempt by the government to take over the Waft land which the Supreme Court has just paused. Remember, if a claim is being made in the name of Waqf, it is necessary to stop it If a corruption is being done, it is necessary to stop corruption.

But the agenda was clear. Occupying the land, making it a topic, us vs them. And again, getting votes.

People are unhappy about this. If I show social media, as supreme court is being abused, so maybe I would face contempt Had I tweeted that, I would be jailed. But close ones of Govt tweet it is acceptable 2.

Power of the district collector. We talked about this in our previous episode. How there used to be an independent surveyor who used to decide what is an issue and what is not.

But now the government has said that the district collector will decide. For example, if a district collector comes and says that this is not waqf property but of Govt The matter will be taken to the court. But the interesting thing is that until the matter is taken to the court, this land will not be waqf, that is until court does not rule in your favor, the land will be lost from waqf and sealbazi will start As of now, Govt has said that they will not change the character of land or waqf property Third one, and this got funny, when a simple question was asked.

. . Will you include Muslims in Hindu endowment boards?

The government did not have a clear answer. If it was possible that Muslim can be in Hindu endowment board, and Hindu in waqf board, then fine But the religious boards have people of the same religion. Whether they are Hindu, Jain or Sikh.

And this has been going on. Article 26 of the constitution gives the right to people in a secular country. If you still believe that we are secular.

It gives the right to people in a secular country to own committees and believe in their religion. The government has backtracked to this point. They have said that they will not nominate anyone like this The government has backtracked to three points.

Now, let's see why the government has asked for a week. According to us, the government should not have asked for a week. They have just passed the bill and done a lot of work.

So, why should they take a week to answer some basic questions? As long as their intention was not wrong. And we are saying that questions are raised on intent of government What will they find in one week that will justify it?

I don't need to tell you what game will be played But the government is saying that we will have to go to 1923, through the different acts and it will take some time. But today's episode is not about the waqf Act or the Supreme Court's decision to stop it. Today's episode is important because people are wondering if the Supreme Court can do this.

People are surprised that a law is passed in the Parliament and then who is the Supreme Court? How can supreme court stop the law that was passed in elected parliament? That is why I say that our country should have more knowledge of civics which is not available on whatsapp university The government has done this work before as well.

The backtracking that has been done. When the Supreme Court challenged me, I backtracked a little. In the case of sedition in 2022, the government said that it will re-examine the law.

when that case reached supreme court, not in parliament, because we have numbers 2023. . .

when it was about article 370 and Jammu Kashmir. . .

supreme court asked a simple thing that if a Govt has numbers will they decommission any state and make it union territory? will UP be made union territory. .

. does Govt have this right? Before supreme court could make a judgment, Govt said that they will make Jammu and Kashmir a state again because it did not have argument, it was not legal Electoral bond poll .

. . supreme court was kind not to ask for returning the money, otherwise all parties situation would be tight Delhi riots case when supreme court challenged Govt.

. . yesterday the one who was terrorist today the bail was not opposed If there is check and balance Govt will think twice Generally Govt thinks about opposition, media Media is in the lap, opposition is on holiday.

. . so not much to worry about In this case, I have always said that the remaining democracy is because of the Supreme Court.

It's not that the Supreme Court has always done the right thing. But the remaining democracy is because of supreme Court. The second reason that the government is not in a good mood.

Dhankhar sahab is also making statements, it is the case of Governor R. N. Ravi The governor of Tamil Nadu has put on hold 12 bills, wont let the bill pass We saw the same case in Delhi with LG The whole country is seeing how governor or LG is trying to stop the government from passing a bill.

Last week supreme court passed a landmark judgment It is important related to conduct of governor The state of Tamil Nadu v. Governor of Tamil Nadu case will go in history books and constitutional history Supreme court has done 3 big things which shocked the Govt The plan to attack federal structure and not let a different elected Govt work. .

. that has been hurt Supreme court issued a guideline there is no right to Governor so they can indefinitely sit on a bill without doing anything about it Governor cannot be prosecuted because they did not reject it, did not do or say anything on it Imagine, no government can do anything If a governor is sitting there and is putting all the bills in his pocket, and is listening to the center, then what will happen? And what will happen to that state?

And what will happen to those people? What will happen to the elected government? Supreme Court, after understanding this, using Article 142, See, our Constitution framers were also so great, that they knew that they cannot pre-empt everything They cannot put everything in the Constitution.

That's why they gave Supreme Court a Brahmastra, Article 142 which basically gives the Supreme Court the power to do complete justice. And that complete justice can be done only when a serious constitutional question arises. The Supreme Court said that a serious constitutional question arises here.

How has the role of the governor become a political role? And how can a governor stop a work of a constitutionally elected government? He can sit on 12 bills.

Because of which, the other revolutionary work supreme court did, They used their power and passed the bills, whether Governor signed or not Supreme court also reached the president this rule applies on president also that president cannot do pocket veto for unlimited time what governor is doing can be done by president also . . .

so this pocket veto system and sometimes it has been used for right reason sometimes usage is okay but the plan to undermine the system that has been stopped saying that governor cannot indefinitely sit on the bill Time limit that has been put is important, we have noticed off late It is not about changing the constitution but by passing the constitution Finding loopholes and trying to make fun of the constitution And in this state, the intervention of the Supreme Court would have been more important. Because it is very important to save the federal structure of our country. And think, after all this happened today, Governor Ravi is still continuing.

So, our governors have become so shameless that after such a big embarrassment, after such a landmark case, he is still not resigning, and carrying on Think about the stature of the government post. Maybe that's why our Vice President, Jagdeep Dhankhar, is very angry. Because the plan is coming out.

and that's why an indirect attack was carried out. It was said that the High Court judge have also got burnt money So, it is not only the High Court and Supreme Court's job. .

. you also have the power to impeach You can have a session in the Parliament and impeach the judge. But this is being used to belittle the judges and the courts courts don't have any accountability.

Only politicians have accountability. It's okay if a politician said so. Dhankhar sahab is saying.

. . there is a limit to irony.

A person sitting on a ceremonial post, and is not an elected post, is talking about democratic forces. He is attacking the power given to the Supreme Court. That's why a great editorial has come in Times of India.

It's good that Times of India has taken such a strong position They have said that the post of Vice President is ceremonial. . .

so he has no locus standi No locus to comment on constitutional or political matter Especially, saying that what right the Supreme Court has. . .

His comments can be discounted totally This is what the editorial of Times of India has said. And a very good thing has been written in this editorial It is being seen that governor and politician. .

. used to be separate, now the decision and distance between the governor and the politician, is almost zero. And Mr Dhankhar himself is involved in this Now, whether the raid of ED will be or not on Times of India .

. . but the editorial made it clear whether it is governor, vice president.

. . constitutional norms are being made fun of Class 8 civics book has clearly mentioned when you go to post like president, vice president, governor.

. you become apolitical But we see that people are making political statements, doing politics and targeting Supreme Court. People are shocked to see this.

Especially bhaktgan, how is this possible People have the power, we have the numbers, we will make the law This is the logic of Maruti and Mercedes. Maruti sells more cars, Maruti is gold standard, Maruti is good car, Mercedes is useless That is why our constitutional framers, and any good constitution in the world, has the concept of checks and balances. And we have completely forgotten this concept of checks and balances in hero worship That there is a legislative, executive, judiciary.

Legislative means there is discussion, debate. . .

govt thinks twice If there is legislative and executive power, then comes judiciary for check and balance media, fourth pillar comes next. . .

Because of all these things, democracy is in balance. There is no tanashah And if you look at the example of America, our students are sent back so mercilessly, to save our students, to keep them in America, to save them from Trump's chaos, only the American federal and supreme court are left. So when a Tanashah is born, excessive force is created, democracy is in danger, the joke of the constitution starts flying at that time, the media and the judiciary come to save What is the state of the media?

There is no need to tell in our country. What is the state of the media except for a few digital outlets? In such cases, when there media is not ready to help, forget the condition of opposition, at that time the Supreme Court steps in and protects the constitution and federal structure.

. . so it is very important it remains to be seen what will happen to waqf act on next 5th Freedom of expression cases are also worth considering.

Chief Justice Khanna has done a great job. Now, we have to see whether the Supreme Court will take this confrontation forward. This is not a new thing.

It has happened many times before. Suo-motu cognizance was taken We have to see whether the court will take this forward to save democracy in the coming days We cannot expect anything from the media or the opposition. We can only hope from the Supreme Court.