The American action against Venezuela, a unilateral military intervention without UN authorization, constitutes a serious violation of international law, exemplified by historical comparisons to authorized interventions in Korea and Kuwait, contrasted with the unauthorized NATO intervention in Yugoslavia.Any unilateral military action against a sovereign state without authorization of the Security Council of UNO is always illegal and it is the gravest violation of the international law international norms. What United States of America did two days ago against Venezuela when the American special forces backed by its mightiest Air Force and Navy intruded into the sky of Venezuela and dropped several bombs cruise missiles and armed drone to completely paralyze the Venezuelan defense forces and more than it the American forces captured the Venezuelan president.Certainly this act is a serious violation of international law. International law permits armed intervention only in few circumstances for example the international law allows the use of force against the country is only when that the security of a particular state is gravely endangered and next the Security Council must authorize it. For example after formation of the UNO in 1945 the Security Council authorized an international coalition to fight the communist in the Korean Peninsula. We all know what happened in Korea in 1950.During Second World War Korea was occupied by Japanese forces and Japanese forces inflicted worst kind of atrocities against the Korean people. When the Japan was defeated the Korea was equally divided between the two superpowers USSR and USA. But the Russian backed communist of North Korea suddenly entered into the South Korea which happened to be a democratic state and the democratic forces of South Koreans were defeated and the South Korean forces were confined into the remote pockets of South Korea. Then helpless South Korean president immediately appealed to the America and Britain for urgent help and an emergency meeting of Security Council was held which authorized a coalition forces of democratic state like USA UK Australia Canada to repulse that aggression of communist.So that exactly happened General Douglas MacArthur who had overseen the Japanese surrender in August 1945 on a American naval boat known as USS Missouri was given that command. So under his command the American leads the multinational coalition forces mostly consisting of American British and Australians launched some ferocious attacks.So finally communist were defeated and they were beaten back.So that was the first military operation which was authorized by Security Council and in 1990 when Iraq under the Saddam Hussein suddenly attacked Kuwait the oil rich state of Middle East and within few hours the Kuwait was annexed and Kuwait was proclaimed as a province of Iraq. So next day a Security Council meeting was held and that Security Council resolution sent ultimatum to Saddam Hussein. Saddam Hussein was given a deadlines of few months.So that was before 15 January 1991 the Iraqis had to leave Kuwait or face consequences.But Saddam Hussein had shown no signs of retreat instead he talked about that Palestinian issue. He agreed to withdraw only one condition that Israelis had to withdraw in lieu of it he would also retreat.That was unacceptable.More than five or six lakhs American British and French troops arrived and reached Saudi Arabia and finally after end of the deadline the American British and French launched aerial strikes.So within one month the entire resistance of Saddam Hussein collapsed. The American led alliance suffered minimal casualties and within few weeks the entire Iraqi resistance collapsed and Iraq was forced to withdraw.That happened in 19 91 but that was also authorized by Security Council. Even in the Yugoslavia case when collapse after the collapse of communist in Yugoslavia which was splitted into several groups and Yugoslavia genocide are known as the Balkan massacre finally napo intervene the North Atlantic Treaty Organization intervene but that was not discussed in Security Council rather napo intervene and the war criminals were hanged and punished.I think one was given death sentence.That was authorized by Security Council. Sorry that was not authorized by Security Council rather than NATO unilaterally had taken that military action.But American action against Venezuela is a serious violation of law.So America justified that war on two grounds first that Venezuelan state was encouraging narco terrorism in that region and next because of failure of the state several thousand Venezuelans had left.So according to Americans it was a humanitarian crisis. But the main strategic goal of America was to occupy the oil fields of Venezuela and to install a pro-American puppet government in Venezuela. So after his capture after the capture of Venezuelan president the Venezuelan Supreme Court appointed another person as president of Venezuela.So that is a serious matter.Let us see and wait what will happen.

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Judicial Conundrum in India

Hungarian revolution of 1956Is Revolution was also known as the Hungarian uprising, an attempted Rebellion against the communist government , that came into existence after the World War II. Hungry was an axis ally of Nazi Germany. The USSR occupied Hungary and April 28 government was established. Hungary became a satellite state of USSR. Soviet government was actually a totalitarian government. Hungarian people are descendants of Slavic and Huns. In disrespect remember the cruel rule Attila the Hun. The Hungerian revolution of lasted for l 15 days, until it was crushed by Soviet tanks. Several thousands hungarians lost their lives m several hundred Russians also lost their lives.On 23rd of October 1956, some University students appealed to the civilian population to protest against Russian authoritarian rule the domination of USSR in its geopolitical interest. At that time, Hungary was ruled by a Stalinist government. The students demanded reform on 16 points, but all the students were detained by security guards. The Hungarian people rose against the Communist Party and the secret police of Hungary. And the local communists and secret policemen were executed. A new government was formed under Imrey Negi, who was the liberal man. Under his leadership hungry had withdrawn from Warshaw pact. The new government agreed to hold new election, hungry was heading towards democracy.Initially the USSR agreed negotiate with the new government and accordingly delete Army withdrew. Russians apprehended Hungary embrace the Western block live by USA would be a big threat two dog communist block. So the Russians betrayed the hungarians and hungry was invaded by several Russian divisions. The Hungarian Army was no match before the might of Russian army and after Fierce resistance the hungarians were defeated. The free hungarians were expecting Western help but that did not come. Finally the new government was rendered useless the leaders were arrested and executive latter. The communist government again was installed in Hungary and hungry again became is satellite state of USSR . The Communist rule finally collapse in 1989 after destruction of Berlin Wall. Now Hungary is a Democratic state.

[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. Again if article 21 conferred only procedural rights then the most precious right the Right to life was nowhere found in our Constitution. Therefore the majority held that Article 21 also conferred substanrive rights also. It may be observed that far from holding that fundamental rights were mutually exclusive, Mukherjee held that a substantive law authorizing the deprivation of life must conform to the requirements of Article 20.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: CJI Kania, Justices Mukherjee and SR Das held that law in Article 21 had been used in the sense of State made law and not in the embodying the Principle of Natural Justice, and Procedure established by law meant a law made by Union Parliament or by State legislatures. Justice Shastri held that the law meant Positive or state made law and did not mean jus naturale, but the procedure meant well established criminal procedure. Justice Fazl Ali dissented by holding that whatever Procedure established by law may mean, and must include 1 . Notice 2.opportunity to be heard 3.impartial tribunal 4.orderly procedure. So according to fazl Ali a positive law must include jus naturale.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: The majority judges held that the Procedure established by law didnot mean due process of law as understood in United States of America. The report of Drafting Committe showed that the words Procedure established by law were substituted for the words without due process of law. 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".