The Jewish people's history of persecution, displacement, and the eventual establishment of the State of Israel are discussed, highlighting key events like the Balfour Declaration, the role of Indian soldiers in liberating Palestine, and the subsequent Arab-Israeli conflict.Do you know that the Jewish race, Jewish people, are the most persecuted people of the world? For thousands of years, they have been persecuted by Romans, Pharaohs, Arabs, Turks. So, all these great powers have been consistently persecuting and killing the followers of Judaism for thousands of years. Only the Persians were exceptions. The Persian people never persecuted the Jews. But these are historical topics. Basically, after the arrival of Christianity and Islam into the Middle East region of Asia, the Jewish people were again persecuted. So, because of consistent persecution, the Jewish people, whose original homeland was in today's Palestine region, or what is known as today's Israel, left their motherland and basically they were forced and they reached Europe, European continent, where they were residing. But the main point is that after the Christianization of the European continent, the Jewish people were again persecuted by the consistent Christian rulers of Europe. So, in Middle East region, after Islamization of the Middle East region, the Jewish people left to reside in Europe, and the European states like Germany, Poland, Czechoslovakia, Ukraine, Russia, France, these states became their homeland for several hundred years. The Jews were Europeanized but not Christianized. So, we all know about Holocaust, 6 million Jews were killed, and a Jewish nationalist movement known as Zionism, I mean feeling of a separate homeland for Jewish people only, that was getting stronger and stronger in 19th century. So again, I am telling you, the today's Middle East region, basically the Palestine region, was the original homeland of Jews, and the famous Jewish king like David, Solomon ruled that region. But because of persecution, they were forced to leave their own motherland. And it is said that it is based on accurate, I mean it is based on accurate information, had the Jewish race not been persecuted for thousands of years, today their population would have been more than five crores. But now the total population of Jewish people in the world are less than 100, I mean 1.6 crore, that is terrible figure. So, out of 1.6 crore Jews, 70 lakh Jews are residing in today's Israel and rest are residing mostly in United States of America. But today I will discuss with you about the birth of Israel. So, first we have to discuss about World War One. In the World War One, that I mean during the period of World War One that had started in 1914 and ended in 1918 with the signing of that armistice by the defeated German state, in 1917 the British government, at that time Britain was a super power, issued a statement and British state announced that it would support the establishment of a Jewish state in the Palestine region. That is known as Balfour Declaration of 1970. Balfour was the foreign minister of Great Britain. So, that was the first step taken by a major power. But remember, at that time Palestine was controlled by Ottoman Turks, the same Ottoman Turks who ruled today's Middle East, parts of North Africa. And at that time Ottoman power was not a major power but still the Ottoman state, I mean Ottoman Turks ruled the vast land of Asia and North Africa. So, Ottoman Turks sided with Germany to recover their lost right. But Ottoman Turks were defeated by the British and France and finally Ottoman Turks state was forced to concede their defeat and the huge empire of Ottoman Turks disappeared from the world map and several new states were born like today's Iraq, Syria, Jordan, Egypt etc. And Britain had the mandate of today's Palestine region. So, British was controlling the Palestine region. But in this respect, I must tell you that the Indian forces, I mean Indian soldiers played a historic role in the liberation of Palestine from the Ottoman Turks rule. Of course, at that time India soldiers means the British Indian troops. So, recently the Israeli state acknowledge the rule Indian soldiers in the liberation movement of Palestine. But at that time, I mean before the birth of Israel, the Palestinian people, they are Arab peoples, were residing in that region. So, probably 80% Palestinian were followers of Sunni Islam and rest were followers of Christianity. So, Christians and Muslims were residing harmoniously in that region. But Balfour Declaration created a major controversy because, because of anti-Semitism which was prevalent among Muslims and Christians. But here Christians are to be excluded, rather Muslims, Arabs. So, who were resenting the British declaration to establish a Jewish state in the Palestinian region? So, I must tell you that Jerusalem, the capital of Israel and Palestine. Remember, Jerusalem is the capital of both Israel and Palestine, though officially Tel Aviv is the capital of Israel, but recently, I mean maybe 10 or 20 years ago, not recently actually, the Israel declared Jerusalem is was its capital. But world community except USA refused to acknowledge it. And in the mean time, Palestinian state also claim that Jerusalem is capital. So, Jerusalem is also the holiest place of three major Abrahamic faiths. So, Jerusalem is the holiest place of Christians where Jesus Christ was crucified. Of course, it is the holiest place of followers of Judaism, I mean Jewish people. And for the followers of Islam, that Al-Aqsa Mosque is the third holiest place, the three great Abrahamic, Abrahamic faiths, I mean Christianity, Judaism and Islam. So, for this three great faiths or religions, so Jerusalem has a historic place. But if you visit Jerusalem, especially the Al-Aqsa Mosque compound, you will see that just few meters away from that mosque, ruins of a Jewish temple is still there. There is a great wall and you will see that the black dressed Jewish people pray there and they cry. That is part of their religious belief. Just few yards from that wall, I mean that wall was constructed thousands years ago, there is Al-Aqsa Mosque, I mean Masjid, golden dome Masjid where for Muslims they believe that Prophet Muhammad ascended to the heaven from that place. So, but the Jewish people claims that Al-Aqsa Masjid was built on the ruins of their temple. So, like what happened in Ram Janmabhoomi temple. So, that is the main dispute, I mean religious dispute between Jewish people and followers of Islam. But now that area is controlled by Israel and Christians and Muslim, I mean Jewish are not allowed to enter into Al-Aqsa Mosque. They they are not allowed. Jewish and Christians are not allowed. Of course, besides Muslims. So, others can enter, even Hindus, Buddhists they can enter. They are allowed to enter into that Al-Aqsa Masjid. But Christians and Muslims are not allowed. You will be asked before entering to the I mean mosque complex and if you identify that that you are not a follower of Christianity or Judaism then you will be allowed to enter. So, that is a place of religious dispute. Then that religious dispute was given political color. Now come to the Israel, I mean birth of Israel. So, after Second World War, the where world community was shocked to see the atrocities against followers of Judaism, I mean Jewish people. So, world community and mainly the super powers USA and USSR agreed to give the Jewish people what they deserve. That means the Jewish people would have a homeland of their own. And UNO, I mean United Nations Organization agreed to partition the Palestinian state. But remember, the Holocaust give super powers, I mean because of Holocaust the super powers agreed to partition the Palestinian state, though at that time Palestine was not officially recognized as a state. It was only a region. So, at that time Britain had the mandate of Palestine and the British mandate would be ended and ended on I think 13 or 13 May 1948. And Britain was unable to settle that issue. So, finally Britain because of conflicting demands of Arabs and Jewish people handed that problem to the newly formed United Nations. So, UNO was officially formed in 1945. But that region was controlled by the Britain and the Jewish people were arriving from Europe to settle there and the Arabs were already residing in that region. So, that created a major problem, exodus of large number of Jewish people from the Europe and after World War Two that exodus of Jewish people from Europe accelerated. So, many Jews left Europe to settle in USA and others were returning to their promised land, their divine land. So, that created a huge problems. The Muslim Arab already protesting the arrival of Jewish people and for Muslims and Christians the Jewish people are their enemies. So, Britain was unable to settle it, I mean solve it and the United Nations Special Committee on Palestine was formed and they propose partitioning of Palestine into separate Arab and Jewish state and Jerusalem would be placed under international administration because of the emotion and sensitivity of Jewish people, Christian peoples and Muslims. The Jewish people accepted that plan but Arab states and the Palestinian Arabs refused to accept it and the Christian Palestinian neither accepted that plan nor rejected because for them, for the Palestinian Christians the Jewish people were appearing to be better choice than living with Arabs, Muslim Arabs. So, on May 14, 1948 the British mandate already had ended and the British forces were leaving and the Jewish peoples council gathered in Tel Aviv and they declared the establishment of the state of Israel. That happened on May 14, 1948. Two major super powers, I mean two major powers of the world, USA and USSR both immediately recognized the birth of Israel. The American president Harry Truman was the first leader to recognize it and within few days Joseph Stalin, the dictator of USSR also recognized the birth of Israel. But next day a coalition of five Arab states, Egypt, Iraq, Jordan, Lebanon and Syria they invaded Israel. That was the beginning of first Arab Israel war. So, this five Arab states, Egypt, Iraq, Jordan, Lebanon and Syria, definitely they were militarily overwhelmingly superior than Israel. Here it must be mentioned that a large number of Arab Christians were residing in Lebanon. So, Lebanon at that time was a Christian majority state and Egypt also had large number of Christians. Iraq also had and Syria had large number of Shia and Druze minorities. So, Israel was invaded within 24 hours of its birth and British, I mean the Britain did not supply weapons to Israel. So, at that time Israelis had no heavy military hardware to fight the Arabs. Fortunately, Czechoslovakia supplied heavy military equipment to Israel and war was erupting in that region.But Israelis were not cowards and they were resisting the aggression of Arabs.For finally the UNO sponsored a truce and the war ended. But that war saw that Israeli forces successfully countered the Arab aggression and part of Jerusalem had come under their occupation. And the West Bank area and Gaza strip basically today we all heard about the Gaza bombings and in the West Bank region the Israelis gained a substantial portion of land. And we may say that Israelis had won the first Arab Israeli war. So because of the partition of the Palestinian region, I mean Palestine, a large number of Arabs were displaced and their homes, their residence were taken over by the Jewish people who had recently arrived from Europe and Palestinians were forced to leave their own homelands and from 1948 a large number of Palestinians have been residing in refugee camps especially in the Gaza and West Bank region and other Palestinians left to settle in Jordan and Syria. But had Palestinian leaders accepted that partition plan then the issues, controversies could have been avoided. The Israelis agreed the Palestinians would have settled permanently and peacefully in today's West Bank and Gaza state.They had to accept it but unfortunately because of religious acrimony the Palestinian people refused to accept Israelis, I mean Jewish people.So and if you read the history then you will find that for thousands of years the Jewish and Palestinians have been fighting. You try to remember the famous story of David and Goliath. So displaced, disgruntled Palestinians immediately created a radical organization which was known as PLO, I mean Palestinian liberation organization under the leadership of Yasser Arafat and with help of other Arab states they continued their armed resistance against the Israeli state. The first seed of terrorism was sown in that region.

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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".