Top Lawyer Fali Nariman I "Collegium Has Failed, Judges may be scared of powerful governments"

Barkha Dutt speaks to Fali S. Nariman, Constitutional Jurist & Senior Advocate to the Supreme Court, and Sriram Panchu- senior advocate and mediation specialist.
Three legal luminaries, Fali Nariman, Justice Madan Kokur and Sriram Panchu, jointly authored an opinion piece in the Indian Express asking the Supreme Court Collegium why it refused to bring Justice S. Muralidhar to the apex court despite his exemplary record as a judge.
"Collegium system has failed," Nariman said while speaking on Justice Muralidhar. "As I have written in my memoirs, this is one case I won, but I wish I had lost," he said referring to an earlier historical win that established the collegium system that is in place today, despite open challenges to it from the Modi government
"Not just this collegium, even the past collegium failed Justice Muralidhar... Judges may be scared of powerful governments, be they of the BJP or Congress"
#supremecourt #justicemuralidhar #collegium
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Пікірлер: 112

  • @megda1000
    @megda100011 ай бұрын

    Just one question to all these eminent jurists why our judicial system takes decades for giving justice to common citizen......no body is raising voice on this.....is this too small a issue

  • @knowledge_forever

    @knowledge_forever

    11 ай бұрын

    They don't care about commoners. They are the elite and have only elite concerns.

  • @shubhambist7259
    @shubhambist725911 ай бұрын

    And what about the entire judicial system and the long list of cases that are still sitting unheard

  • @ht5389
    @ht538911 ай бұрын

    If outstanding Justice Muralidhar did not get justice, what can others expect? Glad the three gentlemen have written an op_ed and people are debating and discussing the injustice done to honourable Justice Muralidhar. Good wishes for Justice Muralidhar's secong innings to be more successful and happier.

  • @knowledge_forever

    @knowledge_forever

    11 ай бұрын

    Second innings should be in Congress officially

  • @ht5389

    @ht5389

    11 ай бұрын

    @@knowledge_forever your party doesn't allow good people?

  • @kumark214

    @kumark214

    11 ай бұрын

    He should be made as a law minister

  • @kuldipguleria2615

    @kuldipguleria2615

    11 ай бұрын

    You said it so aptly but will our politicians do the right thing or dig even deeper.

  • @knowledge_forever

    @knowledge_forever

    11 ай бұрын

    @@ht5389 my leader is mamta didi. How dare you question her? Khela hobe. We will erase congress from west Bengal just like Congress was wiped by Shri lalu ji and Shri mulayam ji in Bihar and UP.

  • @akashbachhawat
    @akashbachhawat11 ай бұрын

    Basically what Mr Nariman- siting in the riches of Mumabi has to say is that a majoritarian governemnt is bad. He wants unstable weak governemnts. These kind of people who have little to with the country ,its progress, people welfare..sitting in the offices of porsche Mumbai locality and want to decide how the country should run. Basically an inviation to all our enemeies around the wrold...aoo pichware me maro because a weak governemnt is the best for the country!!!..Imagine these people sit in the supreme courts

  • @mmBharath2024

    @mmBharath2024

    11 ай бұрын

    Well said

  • @sujitparashpathar

    @sujitparashpathar

    11 ай бұрын

    I don't think he said that. He said that all Majoritarian Govt. Does this and they shouldn't. A system of appointing judges should be made so that it is insulated from the whims of Govt. He did not say that a weak govt. is better.

  • @badriiyengar

    @badriiyengar

    11 ай бұрын

    Well said. The so called legal luminary wants a weak central government or so it appears. But, fortunately there would be very strong majority would ensure the dance of Justice and misery after misery to those who hate a united Country.

  • @hiheloByby6902
    @hiheloByby690211 ай бұрын

    So if collegium is not independent from external Influence , what is the use of having collegium to safe guard Independence of Judiciary ... We can just let the government do as according to their whims and fancies

  • @PGR6337
    @PGR633711 ай бұрын

    Mighty brave of you to take on this topic Barkha! Nobody else would have dared to have a debate on this highly sensitive issue for the milords!

  • @sureshbajaj6031
    @sureshbajaj603111 ай бұрын

    What a wonderful man 😊long life prayers for mr nariman

  • @knowledge_forever

    @knowledge_forever

    11 ай бұрын

    Nariman is elitist. When has he raised voice for common man and faster justice. They want power for themselves, don't want stable government in India

  • @avimango46

    @avimango46

    11 ай бұрын

    What about Bhopal Gas tragedy case?

  • @mininlobo8413
    @mininlobo841311 ай бұрын

    Hope the collegium responds as we have great respect for the CJI of my nation.

  • @florenceboodle9548
    @florenceboodle954811 ай бұрын

    Barkha you have done it again....a fantastic Debate. I support your work and the robust Questions you ask the Panelists. Well done. Keep it up.

  • @nageshv6660
    @nageshv666011 ай бұрын

    India got freedom. Indians are expecting freedom for judiciary and central bureau of investigation.

  • @subbaraotanguturu9271
    @subbaraotanguturu927111 ай бұрын

    What about his order to consider giving ST status to Meteis. Here you people don't agree as it's not suit your propoganda.

  • @gijoe9257

    @gijoe9257

    11 ай бұрын

    You are confused. The judge you are referring to is called Justice M V Muralidaran. 😂

  • @sharadpanse2660

    @sharadpanse2660

    11 ай бұрын

    Exactly. Justice MURALIDHARAN has been acting Chief Jjustice of the Manipur High Court. Justice MURALIDHAR was, first, judge of the Delhi High Court; transferred overnight to the Punjab and Haryana High Court; and then again transferred to the Odisha High Court as Chief Justice. And now he has retired.

  • @sabihasaud8156
    @sabihasaud815611 ай бұрын

    Govt shd b out of appointing judges or any agency heads to be impartial & b fair.

  • @agarwalkaditya
    @agarwalkaditya11 ай бұрын

    Can someone still remember The reporting done on elite class of Kashmir..........😮

  • @sharadpanse2660
    @sharadpanse266011 ай бұрын

    The whole scenario is so tragic!

  • @ChetanPatel-so4qq
    @ChetanPatel-so4qq11 ай бұрын

    Problems is politics has entered in the judiciary also

  • @haridasshenoy8334
    @haridasshenoy833411 ай бұрын

    There's is a long list of pending cases in SC and at 81 I am one of the affected.

  • @reecosmicatomsb8576
    @reecosmicatomsb857611 ай бұрын

    Till the other day, Nariman uncle was saying collegium system is best. Congress agent fali Nariman Bawa

  • @kuldipguleria2615
    @kuldipguleria261511 ай бұрын

    Since the debarring of Justice Murlidhar from entry to SC has been widely considered unjust, is it possible to look back and bring him to SC now? If so then it should be done. Can't the system set its wrong right now?

  • @benudhardas4268
    @benudhardas426811 ай бұрын

    Collegium should act openly after hearing the bar and other person at a particular place .This May protect political and other influencers

  • @libshastra
    @libshastra11 ай бұрын

    Collegium is responsible for the failure of the Judiciary. A 108 year old man, dies waiting for judgement by the Supreme Court for a case filed in 1968. Can you imagine waiting for 50+ years for a justice and dying without receiving it? But you know what, Fali Nariman, Barkha and the entire legal fraternity can question why their man was not selected and apparently that's the most important thing. What has Justice Muralidhar done to reduce the case backlog? What has he done to reduce open corruption in many of our Lower Courts? Besides the pedigree of being born in a politically connect family (His father was Attorney General), what qualifications does Muralidhar possess? All I see here is shameful display of elite privilege.

  • @dspdsp-ez7ug

    @dspdsp-ez7ug

    11 ай бұрын

    well said sir👍

  • @pziva

    @pziva

    11 ай бұрын

    Using this case of Muralidhar as a straw man, this elite crew is bashing the government. I respect Mr Nariman , but why write against the collegium if your ultimate objective is to blame the government. Logic and reasoning goes for a toss in the shameful display of bias and prejudice

  • @PGR6337

    @PGR6337

    11 ай бұрын

    Except for doubting Justice Muralidhar's credentials and his capabilities, all the points you make are excellent 👌👌

  • @DailyLifeSolution

    @DailyLifeSolution

    11 ай бұрын

    @@pziva If you write against collegium or the court, you will get punished. Hence, you write a little critical of the court but blame government for it.

  • @libshastra

    @libshastra

    11 ай бұрын

    @@PGR6337 I am not questioning his credentials. I am questioning his motivation. Does Muralidhar have the motivation to fix the failure of the Court? I say No.

  • @chetanlal4190
    @chetanlal419011 ай бұрын

    Delay in justice may be because lesser strength of judges in judiciary and lack of infrastructure. This can be improved only by combined efforts of judiciary and government.

  • @KrishnaKrishna-ym2jh
    @KrishnaKrishna-ym2jh11 ай бұрын

    💐🙏💖

  • @lawerpradeep
    @lawerpradeep11 ай бұрын

    Is there an alternative to majoritarian government is the question.

  • @jacobjose1516
    @jacobjose151611 ай бұрын

    Political system has to be fixed first. This means democracy & rule of law with institutional integrity and independence. Allowing politicians to interfere in Supreme court appointment will drive the last nail on the coffin. So better to have a collegium that will keep them at bay until democracy matures in India like US and UK

  • @anandaprasadaraoappasani1923
    @anandaprasadaraoappasani192311 ай бұрын

    Fali Sir, The present genre of CJIs lack the caliber and character of the first batch of CJIs. May be that we the people have become more probing. As far as human beings are involved there is bound to be obliquely subjective. Fali Sir, NDA did not do what every majoritarian government like Congress did.

  • @rajugoborvas8964
    @rajugoborvas896411 ай бұрын

    Discus why lower court judges don't judge.

  • @brittomadhavan
    @brittomadhavan11 ай бұрын

    A class . Very few like him

  • @TKD1982
    @TKD198211 ай бұрын

    Please place a draft system for selecting judges for debate, Mr Nariman

  • @ht5389

    @ht5389

    11 ай бұрын

    He already said. Listen carefully.

  • @SivasailamN
    @SivasailamN11 ай бұрын

    India is possibly the only country where ‘judges select judges’! It has in-bred nepotism. Several judges of the High Court and Supreme Court are second generation in the system. Will dare say that there were others in the system who were more deserving but fell out in the nepotism sweepstakes. Why not have the confirmation system by a House Committee for all senior appointments in the Judiciary and even for constitutional posts in ECI, CBI, ED, CVC, Tribunals etc?

  • @MohammadAnas-gq2yb
    @MohammadAnas-gq2yb11 ай бұрын

    Can anyone explain the meaning of - constitution follows flags and supreme court follows election returns

  • @mmBharath2024
    @mmBharath202411 ай бұрын

    He wants a kichdi govt? How does it help the country? Corruption and instability, blackmailing by parties, will result in no growth. Investors will not be encouraged. Fix the judiciary but don’t expect unstable govt. that’s very selfish

  • @sahi67
    @sahi6711 ай бұрын

    Wondering when will you do a program on the latest CAG report involving mass corruption.

  • @Pawankpandey
    @Pawankpandey11 ай бұрын

    It’s bizarre that these two lawyers and a journalist wants to have a specific judge in the seat ! It’s judge shopping !

  • @IndianArma

    @IndianArma

    10 ай бұрын

    You don't know anything about murlidhar or why these people are saying what they are saying.

  • @Pawankpandey

    @Pawankpandey

    10 ай бұрын

    @@IndianArma so why don’t you explain ?

  • @mniranjan9509
    @mniranjan950911 ай бұрын

    Look forward to your expose on recent CAG

  • @gilbertdsouza7752
    @gilbertdsouza775211 ай бұрын

    Collegium did not consider as they were sure of rejection from the executive

  • @hiheloByby6902

    @hiheloByby6902

    11 ай бұрын

    Executive does not have superiority above collegium ...

  • @darshanrajshekr1226
    @darshanrajshekr122610 ай бұрын

    14 anchors are out in comes Barkha...some to think about

  • @ekanth-
    @ekanth-11 ай бұрын

    Barkha who believes in Western liberal democracy need to educate people how US presidents choose judges for Supreme courts from their own political inclinations. A woke president chooses a woke judge and vice versa. Is that then acceptable? Collegium is opaque. It needs to go. India needs to be like USA. Govt needs to have a say in the justice appointment, like USA .

  • @ekanth-

    @ekanth-

    11 ай бұрын

    USA being the mental motherland of the journalist

  • @nabendugupta1
    @nabendugupta110 ай бұрын

    Collegium was scared! 😮

  • @ChetanPatel-so4qq
    @ChetanPatel-so4qq11 ай бұрын

    Collegium has become a closed club.

  • @varun794
    @varun79411 ай бұрын

    The collegium is flawed. Okay. So is it the politics within the collegium? Nope, it's the majority government to be blamed. But they don't have the power to interfere in the collegium so do you want a new body where the collegium is held responsible and is accountable? No, the majority government will misuse it. So what exactly do you want? Idk I want to go for my evening walk.

  • @rajugoborvas8964
    @rajugoborvas896411 ай бұрын

    Why bother muralidhar look at the thousands of cases not getting judged in the lower courts.judges refusing to judge and pass the cases upwards

  • @dkagarwal59
    @dkagarwal5911 ай бұрын

    You and Mr Nariman's only worry seems why your favourite collegium system till now not select your man as judge of SC.

  • @rakeshdubey1587
    @rakeshdubey158711 ай бұрын

    Excellent. Barkha Di is Best

  • @sefaliroysaha8512
    @sefaliroysaha851211 ай бұрын

    At present for fear of present ruling dynasty, nobody uses to come forward to talk straight forward. Why are you talking about Muralidhar only ? Why not about Okhil Kureshi ? All of them are in common fault by discharging proper judgement as per law which affect some criminal politician linked with ruling party. In our devalued society at present, everything viz. Bureaucracy, press, judiciary is manipulated. No system give reasonable ,justifiable outcome from any corner

  • @ekanth-
    @ekanth-11 ай бұрын

    😂😂 majoritarian government is bad as per Faliji. We need weak coalition governments where Barkha can broker deals for the West ?

  • @kuldipguleria2615
    @kuldipguleria261511 ай бұрын

    By excelling in burying ,talent integrity and honesty we excel in burying justice and fairplay. But we go ga ga pronoucing otherwise. First we need to select and elect Real hon'ble men, women to positions of power., Otherwise the system would chug along like it has been doing for long.

  • @rajanvpillai7918
    @rajanvpillai791811 ай бұрын

    Supreme Court is a family affair. Is justice Muralidhar related to any one in the Collegium. NJAC act is a must. The argument only a minority government should do justice is a foolish thinking. It will be much a worse. Burka wants to bring BJP into the debate.

  • @nsscal
    @nsscal11 ай бұрын

    I watch your programs Barkha but this was not a useful session. With all due respect to Fali Nariman, i am surprised that while he is talking about the issues of a majoritarian party in power, he is confusing politics with just politics amongst the judges and more importantly has no view of his own on what an alternative should be. We know that the BJP govt finds some justices (whether in the HC or the SC) intolerable for their upright stance and will manipulate any measure like the NJAC to its own self interest by not allowing such justices to get to the SC at all. After all they were behind the machinations for transferring Justice Muralidhar from Delhi to Punjab/Haryana. Why cannot someone like Fali or the others who wrote the op-ed standup and talk about the ills of either mechanism (the collegium vs the NJAC riddled with govt. manipulation) propose a mechanism that solves the actual issue as opposed to just call out the collegium system and providing fuel to the present govt. to misuse it.

  • @KingD2507
    @KingD250711 ай бұрын

    In a third world country like India the collegium system is necessary, However bad it is. Imagine some authoritarian PM like Indiara Gandhi appointing judges of her choice and passing any law.

  • @adv.chinmaysha9776
    @adv.chinmaysha977611 ай бұрын

    Such tight schedule to submit ITR despite FLOOD Covid19 Heart attack Job loss Not all general population gets 7 PC lakh lakh salary monthly High time Media must bring it infront the suffering of common INDIA before this GOV OFFICER 5d/8hr/7pc/GOI Car must stop IT AO must be answerable & respond to & help TAX PAYER whose TAX giving them salary

  • @knowledge_forever
    @knowledge_forever11 ай бұрын

    Muralidhar should join Congress party officially now 😂😂😂

  • @rajugoborvas8964
    @rajugoborvas896411 ай бұрын

    How come you on first name basis with all this guys

  • @jewajewa9029
    @jewajewa902911 ай бұрын

    Seems you guys havent watched Black Justice Webseries Nahi Dekhi Hai... Dekh Kai Judical Reforms par Joh Vaha Suggestions Hai uss par Prakash Daliyay... PIL Lawyer Ashwani Upadhyay Jee nai Har Judge koh Dekhnay Kail Liya Kaha Hai...

  • @yatindrakumar1293
    @yatindrakumar129311 ай бұрын

    FALI SIR ..... A LEGAL EAGLE MUST NOT WASTE ..EVEN A NANO SECOND WITH A WORTHLESS ISI AGENT ... PL IGNORE THE ISOLATED ...UNEMPLOYED ....DUMPED ....ANTI- HINDU .. ANTI-BHARAT.....TRAITOR... JAI HIND VANDE MATARAM

  • @harshacg4723
    @harshacg472311 ай бұрын

    Even if collegium had recommended him,the govt would not have agreed

  • @hiheloByby6902

    @hiheloByby6902

    11 ай бұрын

    But collegium has power to Confirm the Appointment even if government don't agree to it... By convention of default in reteiration

  • @baqirhemraj7639
    @baqirhemraj763911 ай бұрын

    The BJP and PM Modi do not want the best judge to make it to the Supreme Court because they consider it as a threat to their wicked plans.

  • @agarwalkaditya

    @agarwalkaditya

    11 ай бұрын

    Hmm In congress time one of the respected congress lawer was caught in his chamber MMS act😂 😂

  • @baqirhemraj7639

    @baqirhemraj7639

    11 ай бұрын

    @@agarwalkaditya When you question the impropriety done by the BJP and PM Modi, stating that Congress did the same in the past is not the answer because Congress is not presently in power.

  • @srinivasanrajagopalan9544

    @srinivasanrajagopalan9544

    11 ай бұрын

    Too many idiots are talking nonsense these days without knowing anything. All that they do is to keep GOOD EFFICIENT CLEAN people in their opinion as wrong and abuse them like barkingbpariah dogs .

  • @agarwalkaditya

    @agarwalkaditya

    11 ай бұрын

    @@srinivasanrajagopalan9544 Very few terrorists dogs are left these days becoz such dogs have been killed or sent to jail 🤣🤣. Bharat Mata ki Jai

  • @baqirhemraj7639

    @baqirhemraj7639

    11 ай бұрын

    @@srinivasanrajagopalan9544 We have incompetent people ruling India, one needs to investigate how they came into power in the first place. By giving false hopes and promises.

  • @Deshabakht
    @Deshabakht11 ай бұрын

    My suggestion is Collegium must be expanded to include, Speaker, HM and PM. Some appointments are made in consultation with committee consists of CJ, PM and Leader of oppsition, like CBI. In Indira Gandhi regime , govt appointed Judges in consultation with CJ and CBI under the control of Central Govt. How it is changed. Why it was changed . Whether it has been approved by Parliament? Whether Constitution tells like this. Any legal person pl clarify.

  • @brksk4309
    @brksk430911 ай бұрын

    Another case of Tamil neglection.

  • @Pawankpandey
    @Pawankpandey11 ай бұрын

    Nariman says to my shock that in Britain the opposition is called His Majesty Opposition and that for him is a sign of robust democracy? Wondering if he fail to understand the word his majesty!

  • @dose1609
    @dose160911 ай бұрын

    At this situation if he speaking like this , means he pimp of bjp

  • @VasanthKumar-mu2qu
    @VasanthKumar-mu2qu11 ай бұрын

    Shameless Shameless, fully Misleading anchor. Top post being inherited by family. Collegium system must be abolished. Shameless anchor always Misleading.

  • @rajibrath9156
    @rajibrath915610 ай бұрын

    Outstanding to one may not be the same to another, collegium has to also look at other side and many factors , like while he excelled in his tenure in odisha as he introduced many reforms in the highcourt as well as Distrct Court in his endeavour to make paperless functioning , opening up courts in various districts of the state , monitoring disposal of cases , comfort of working of judicial officers and lawyers but on the other hand took a pro state stand and refused to exercise the 226 and 227 powers in policy decisions of the state Government and made number of disposal of cases as priority overlooking the fact in a poor state most of the cases in administrative side where pick and choose policy was adopted by state be it tender, lease, even abolition of state tribunal or to do away with chit fund commission by state suddenly without any apparent reason leaving the investor to their misery etc .etc judiciary interference was an necessity , probably these may be some factors which might have weighed in the minds of the collegium .

  • @budsurtees4224
    @budsurtees422411 ай бұрын

    Ah, the Barkhas and the Narimans of the world as usual moaning and groaning and pontificating AFTER the deed has already been done. That doesn't make you intelligent - it only makes you successfully reactive and ineffectually proactive.

  • @longcha86
    @longcha8611 ай бұрын

    He was removed by BJP from Delhi for taking cognizance of BJP leaders raising hatred and instigating violance and riots in Delhi riots. When police were pulled and BJP leaders were pulled up by this justice murli he was immediately transferred. But,I hope one day these BJP leaders will get what they saw.

  • @sureshharinathbabu9717
    @sureshharinathbabu971711 ай бұрын

    Modi has removed all knickers including judges

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