India's potential acquisition of 114 Rafael fighter jets from France could significantly bolster its air force amidst decreasing squadron strength and geopolitical tensions.India is going to buy one of the most advanced fighter jet in the world that is Rafael multirole fighters manufactured by Dassault Aviation of France and that deal is fixed or may may be fixed the worth of 39 billion US dollar the Dassault Aviation almost agrees to sell 114 Rafael jet that is valued at 39 billion US dollar to strengthen Indian Air Force we all know that the squadrons of Indian Air Force is decreasing at present our squadron strength is restricted to 31 whereas India requires 42 squadrons to fight two main enemies that is China and Pakistan recently the first supersonic jets of Indian Air Force the Russian origin or the Soviet origin MIG 21s were decommissioned they have been in service for more than 65 years at present the Indian Air Force is operating Dassault Aviation Mirage 2005 the Soviet origin MIG 29 the Russian origin Sukhoi 30 MKI and of course we are operating 36 most advanced Rafael jets that were acquired from France since 19 sorry not 20 2021 so recent decision of government of India though the deal is yet to be finalized the government simply cleared to purchase 114 Rafael jet a move that could become the country's largest ever defense procurement if it is approved by the gov the talks come as the Indian Air Force seeks to address a pressing shortfall in combat aircraft and strengthen its operational readiness in recent weeks the new Delhi has drafted a detailed proposal known as the statement of case that outlines the terms of the potential purchase this dossier is slated for examination at a senior meeting with Ministry of Defense before being forwarded to the cabinet committee on security for final clearance we all know that the Indian Air Force is currently operating 36 Rafael jets they were earlier acquired under a government to government agreement with France so in this respect I'm telling you that in 22 2012 or 11 then government of India decided to purchase 126 4.5 generation multirole fighters because India was in urgent need of such fighter jet to fight the Pakistan and China several western companies submitted their tender the first company or the prominent companies were the French Dassault Aviation the British German Spain and Italian company which manufactures another highly advanced jet that is Euro fighter Typhoon so basically this is a British and German fighter jet the Russian submitted their tender to sell MIG 31 and Lockheed Martin of USA also submitted their proposal to sell F 16 jets to India finally the government of India decided to shortlist only two fighter jets uh one was Rafael and other was British manufactured Typhoon jets so out of four jets two were rejected the American made F16 and Russian made MIG 31 so finally government decided to evaluate the British Typhoon and French Dassault Aviation so in this respect I'm telling you that in 2011 and 12 the Libyan civil war was going on and both these two jets Typhoon jets and Rafael jets were engaged in that battle to help the anti Gaddafi forces but it was seen that the Typhoon jets was performing slightly better than Rafael jets because the Typhoon jets air defense system its air defense capabilities were much more advanced that Rafael jets but the ground attack capabilities of Rafael jets was almost equal to Typhoon jets so for several months the Indian defense experts were considering to purchase ideal Rafael or Typhoon jet and finally India decided to purchase Rafael jets instead of Typhoon jet the main problem with Typhoon jet was that it was a joint venture of British and German and we all know that on many occasions the British government imposed sanctions on India but on the contrary the French government never imposed any conditions or sanctions on India and we must not forget that Rafael jet is solely manufactured by France but the Typhoon jet is mainly manufactured by two countries Britain and German though it appears to be much more advanced but Typhoon jet is more costlier than Rafael so government of India decided to purchase 114 Rafael jet but in 2014 the government of India was changed and this NDA government again decided to reconsider the former agreement and instead of purchasing 114 jet the government of India decided to purchase 36 Rafael jet directly from France so Dassault Aviation manufactures those 36 jets with its weapons and advanced radar systems and those jets reach India directly from France so now we are operating 36 Rafael jets one squadron was I think is in West India I mean Northwest India to fight the Pakistan and other squadron is in West Bengal to fight the Chinese in this respect I'm also telling you that India is operating at present more than two 170 Russian origin Sukhoi 30 MKI multirole jets they are equally advanced and another proposal was submitted by government of India because we all know that at present India is operating two aircraft carrier one is our homemade INS Vikramaditya and this two aircraft carriers also requires jets and government of India decided to purchase 26 Rafael M jets for Navy in this respect I'm telling you that India is operating two aircraft carriers our homemade aircraft carrier is not INS Vikramaditya but INS Vikrant the proposed agreement envisages a blend of fly away aircraft and local production between 12 and 18 jets could be supplied in ready to use conditions for immediate operational deployment under the make in India initiative indigenous components are expected to account for more than 30% of the total content but I am telling you that though in name it may be make in India basically all those hardware will come from France and which 114 Rafael jets if that deal is to be finalized the Indian Air Force will be a formidable Air Force but I am also telling you that the Americans were offering India F35 stealth jet and Russians are also offering SU 57 stealth jet but India has shown no interest in stealth jets at present the F35 is a proven stealth jet the F35 jets it is jointly manufactured by Lockheed Martin of America and British Aerospace of Britain these jets have shown its prowess in Yuan and Venezuela the F35 jets have been primarily used by America Britain and Israel but that is a separate topic and Russian SU 57 jets are not yet proven and other so called stealth jet for example the Chinese J20 jets this have not seen any combat so on paper the technology of this jets are confined so no Chinese jets have seen any combat only the American F35 jets and to some extent the Russian SU 57 jets are involved in direct military operations so Indian Air Force will be operating 150 Rafael jets so that may be a very good news but we must not forget that Rafael jets are 4.5 generation multirole jets several Air Forces of the world Egyptian Air Force Qatar Air Force Indonesian Air Force Indian Air Force UAE Air Force they are operating Rafael jets so I wish that this deal will be finalized very soon in order to strengthen India's capabilities to fight the our main enemy Pakistan I don't think that Indian Chinese will be fighting directly because we have several other interests in this respect and in 21st century the drone technology the drone warfare hypersonic missiles supersonic missiles cruise missiles ballistic missiles kamikazi drone I mean suicide drones are equally important the Russia Ukraine war that is going on and this war has shown or recently in the operation Sindhu that was launched by India to avenge massacre of 26 Indians by the Pakistani terrorists we have seen the capabilities of drones warfare when the Israeli made Harup drones penetrated the Pakistani air defense and it struck its target in Lahore and some other parts of Pakistan so drone technology is equally important for India

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[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: A K Gopalan v The State(1950,S.C.R.88) was a momentous case in the Constitutional history of India.Any discussion/ lecture on the Constitutional law is incomplete without first examining this case, whether critically or analytically.This case was decided at a time When the Country got independence from British rule and The Constitution of India had come into force,and more than it , for the first timea chapter on Fundamental Rights had been incorporated in the Constitution .The Supreme Court got a golden opportunity to interpret the Article 19,21 and 22 expansively against Executive or legislative power of the state.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: Brief Fact of the case-A K Gopalan,a radical leftist of the Madras Province was detained under the Preventive Detention Act ,1950,and in fact he was detained for several times under the Act.Under Entry 9 of Union list ,the Parliament has the power to enact law on Preventive Detention.Though Preventive Detention is an anathema in modern time,it was justified as a necessary evil to protect the unity and integrity of the state.Even in Britain and America it was used only during the war time ,that too against suspected enemy aliens[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: A K Gopalan filed a habeas Corpus writ petition under Article 32 of the Constitution and challenged the detention ordering a wide ground that the Detention Act ,under which he was detained was void for violating Articles 19 and 21 and also on a narrow ground that it did comply with the requirements of Article 22.Article 22 prescribes certain procedural safeguards against it.Learned Counsel M K Nambiyar on behalf of Gopalan contended that the Detention Act 1959 violated Article 21 and was void on following grounds1.Personal liberty included the freedoms conferred by Article 19(1)(a) to (e) and (g) and the impunged act ( detention act) did not satisfy the test of Article 19(2) to (6).2.The Preventive Detention Act directly violated Gopalans right to move freely , because the freedom of movement is of essence of personal liberty.3.Article 19 (1) and 21 should be read together because Article 19 dealt with substantive rights and Article 21 dealt with procedural rights.4.The reference in Article 21 to Procedure established by law meant due process of law and the Act did not satisfy the requirements of due process of law.5.The word law in Article 21 meant not the state made law but jus naturale ,of the principles of natural justice.The law did not comply with the requirements of Natural justice[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: It will be seen that from 1 to 5 that the proposition that Article 21 applied to the Preventive Detention ,was the foundation of all the reasons,and learned Attorney General M C Seetlevad countered by contending that Article 22 was a complete code and Article 21 didnot apply to Preventive Detention law.All the questions raised some points of immense Constitutional importance and a Six Judge Bench comprising CJI H L J Kania ,Justices P .Shastri ,M C Mahajan,B K Mukherjee ,SS Das and Fazl Ali S was constituted to hear the matters .All the six judges delivered separate judgments after a lengthy hearings .Five learned judges( Fazl Ali dissenting) held that Article 19 did not apply to Preventive Detention thought the freedoms as a result of detention freedoms may be curtailed.Fazl Ali dissented and held that Preventive Detention was a direct infringement of Article 19 and was subject to Judicial review even it was narrowly construed The majority judges did not hold that Article 22 was a complete code ,so they disagreed with learned Attorney General contention and only M C Mahajan alone held Article 22 was a complete code on Preventive Detention.Fazl Ali dissented by holding that " No calamitous or untoward result would follow even if the Provisions of Penal code became justiciable".CJI Kania, and Justices Shastri, Mukherjee and SS Das held the concept of right to move freely throughout the territory of India was entirely different from the Concept of the right to personal liberty.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: Except Justice M C Mahajan who held that Article 22 was a complete code, majority held that Articles 19 (1) and Article 21 did not operate in the same field, because Article 18 conferred rights only one citizens, article 21 conferred rights on all persons. 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Our founding fathers were well aware of its abuse by American judges during the New Deal period.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: So in this case, different views were expressed by different judges, so no common points emerged on the correlation of articles 19 to 20,21 and 22 or the meaning of the expression personal liberty.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: But Justice Fazl Ali dissenting points are regarded as one of the greatest dissents of all time. Justice R Nariman paid a rich tribute to Fazl Ali foresight by saying "simply takes our breath away".

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