Saturday, 28 February 2015
INDIA IN SHAMBLES - FORGOTTEN CONSTITUTION: Apex Court view on tainted Legislators: Dear all, Thanks for your overwhelming response. At the outset let me tell you I am an Engineer and not a law professional. I will l...
Thanks for your overwhelming response.
At the outset let me tell you I am an Engineer and not a law professional.
I will like to reiterate that nation and people are supreme. It is a universal truth that the Constitution of a country is above the Parliament and Judiciary is its custodian, with powers of to oversee that it is being practised in its true letter and spirit by the Legislature and the Executive. This is also corroborated in the Kesavananda Bharti v. State of Kerala judgment dated 24 April 1973, as briefly described in clipping 4 of my book. A similar philosophy is propounded by the Constitutional Court of South Africa (Section 5.3 (iii)) and Federal Constitutional Court of Germany (Section 5.4 (ii)).
Parliament is at liberty to frame or modify any rule or law but not without ensuring that in no way it shall influence the ‘basic law’ i.e. the fundamental provisions of the Constitution. I will assert that Judiciary who are our ultimate guardian must rise to the occasion and set all wrongs right and all this within their purview (and dispel all such doubt that people may have).
I can understand different views on this subject and they all are answered in a convincing manner in my greatly researched book, 'It’s Time to Implement the Forgotten Constitution of India for 'Liberty and Dignity’. For insight please refer to the book accessible free at my site; www.indiainshambles.com
Thanks and Regards
K C Agrawal
Sunday, 22 February 2015
INDIA IN SHAMBLES - FORGOTTEN CONSTITUTION: Apex Court view on tainted Legislators: [ In the interest of the general public] For insi...
[ In the interest of the general public]
In the above context the Supreme Court’s view on tainted Legislators is disheartening. I can understand, there may be some limitations, but in the broader perspective, the view should have expressed the concern of the apex court for the nation and the welfare of the people. This perspective is conspicuously overlooked by the learned apex court and a very vital issue of national importance has remained an issue between the Parliament and the Judiciary. I understand the present view of the apex court is based on an earlier verdict by one of its Constitutional bench.
The tainted Legislators have been a compelling issue for long and a great deterrence in prudent governances. They are a conspicuous cause of the sufferings of our large populace as discussed.
It is quite possible that some of the tainted Legislators may come out to be innocent. But it shall not be logical to hand over the fate of a massive nation such as India in the hands of such dubious characters until they are found innocent. Therefore let them enjoy a free life as a free citizen till they are found innocent under judicial impunity. Why permit them in the Parliament or State Assemblies? Our country is already pushed to the present tatters due to such incongruous and unmindful personal rights. As I said before, in such cases we may apply the ‘law of maxims’ that says, ‘in the larger public good, individual rights can be sacrificed’. Good governance surely demands for this law to prevail.
Supreme Court in its verdict has said that Political parties know the best about a suitable candidate because they have to run the governments. Sir, as far as we have witnessed, they just know how to manipulate vote politics and win the elections for their self seeking overtures. My statement is conspicuous and my book narrates this fact in abundance. The SC has assumed that the conscious of the Prime Minister and the Chief Ministers is enough to judge the repercussions of such dubious characters in the governments. But such assumptions are misplaced and have been largely responsible for India’s present dilapidation. Similar assumptions were made by our founding fathers when they were drafting the Constitution as discussed in my analysis and presented through the book. All such assumptions were misplaced and have failed us miserably. Sir, our Parliament and State Assemblies have made mockery of elections and governances. For them Constitution is of little relevance and is generally used as an instrument for their own protection rather than any incumbency. The utter shambles of our country is a proof.
Sir, Judiciary, Parliament and State Assemblies are meant for the welfare of the people of the land. People look in them the wisdom of a prudent father and love of a doting mother. The Judiciary is the custodian of the Constitution and responsible for overseeing that the same is being truly implemented by the Parliament and the State Assemblies.
Sir, I may like to emphatically submit and pray that the time has come for the Judiciary to take some hard decisions for the sake of the nation, multitudes of perennially suffering people and the implementation of the Constitution. As the ultimate saviour of the people of India, Sir it is your turn now to set all wrongs right ‘within and outside’ and make all functionaries responsible and accountable like, Parliament, State Assemblies or any other to uphold the dignity and reverence of our Constitution.
Tuesday, 17 February 2015
INDIA IN SHAMBLES - FORGOTTEN CONSTITUTION: Urgent necessity to establish responsible and acco...: Dear Friends, Our founding fathers had pledged, “To banish poverty, malnutrition, famine, and lack of necessaries in life and all...
Our founding fathers had pledged,
“To banish poverty, malnutrition, famine, and lack of necessaries in life and all the people of the country could have freedom and the opportunity to grow and develop according to their genius”.
But all assurances and purpose of struggle for freedom have proved mere hollow assumptions and nightmarish hallucinations for the larger populace of India and we stand grossly cheated by our own guardians.
It is therefore necessary to establish responsible and accountable system of governance as soon as possible to accomplish the purpose of struggle for freedom.
K C Agrawal
Saturday, 14 February 2015
INDIA IN SHAMBLES - FORGOTTEN CONSTITUTION: #WastedResources: 1. #PoorTransportation and commutation system 2. P erennial #powerShortage and breakdowns 3. Poor #waterandLandManagement causi...
1. #PoorTransportation and commutation system
2. Perennial #powerShortage and breakdowns
3. Poor #waterandLandManagement causing;
#FloodsandDroughts: They are perpetual menace for our nation, causing incalculable loss of human lives and livestock, belongings and properties of people and dislodging of families from their habitations.
4. #PoorStorage system causing;
Large destruction of food grains etc.
Addressing these evils on an urgent basis shall address most of our miseries. A strong infrastructure and #townPlanning with a vision can save most of it. Concept of #CityCentres provides unique solutions to most of our seemingly impossible predicaments.
K C Agrawal
Friday, 13 February 2015
There is no dearth of #resources in our country to fulfil the #basicObjectives of the Constitution and extend to the people #economic#FeedomandDignity of life in real terms.
It is a universal truth that any society or nation can become prosperous and happy provided that it is able to identify and make optimum use of its resources. See Part III of the book #'It’s Time to Implement the Forgotten Constitution of India for #'Liberty and Dignity’ .
These resources are; #primaryResources (agriculture), #secondaryResources (industry), #tertiaryResources or our (service sector especially the #tourism), #naturalResources (like metals, minerals, oils and gas) and our mammoth force of #humanResource.
Most important is our wasted resources that I will discuss in my next mail. If we are able to plug the wastage of resources our present #GDP can easily be doubled. Please watch the next post.
K C Agrawal
Sunday, 8 February 2015
INDIA IN SHAMBLES - FORGOTTEN CONSTITUTION: From the audience: K C Agrawal is an amazing teacher who just taught in one class what law books might take ages to teach and still might not be as s...
K C Agrawal is an amazing teacher who just taught in one class what law books might take ages to teach and still might not be as successful... commented Rashmi Verma after deliberations by the author in a recent seminar on his recent book; ‘It’s Time to Implement the Forgotten Constitution of India for Liberty and Dignity’
Visit for free e-book@ www.indiainshambles.com
Thursday, 5 February 2015
INDIA IN SHAMBLES - FORGOTTEN CONSTITUTION: Fiduciary relationship:: “Government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised b...
“Government is a sacred trust of the people, the authority
for which is derived from the people, the powers of which are
exercised by the representatives of the people, and the benefits
of which are enjoyed by the people”.
I wish the guardians elected this time are able to restore the fiduciary relationship with the people of India.
K C Agrawal
Tuesday, 3 February 2015
INDIA IN SHAMBLES - FORGOTTEN CONSTITUTION: About K C Agrawal: K.C. Agrawal is an Electrical Engineer and senior member of IEEE, USA, has had more than 33 years of experience in different capaciti...
Monday, 2 February 2015
INDIA IN SHAMBLES - FORGOTTEN CONSTITUTION: Doles impede the economy: Free e-book available@ www.indiainshambles.com Disregard of Constitution by the Legislature ...
Disregard of Constitution by the Legislature
#Article38 of our Constitution directs the government to secure the #SocialOrder for the people such as to minimise the inequalities in income, status, facilities and opportunities. But the disparity between the rich and the poor is widening which is indicative of #RisingPoverty;
• Higher the doles lesser is the growth resulting in a #slackeningofEconomy.
• And the wealth of the nation goes in the hands of a few!
• Without creating means and avenues #dolesareSelfDestructive.
K C Agrawal
Many of you may be watching the Delhi election squabbles amongst the contenders and the parties to some how win a seat of MLA! Has it ever come to your minds to the new lows our guardians have stooped? At this moment I recallSir Winston Churchill, PM of England who pronounced in the British Parliament on Indian politics in June, 1947;
“ …Power will go to the hands of rascals, rogues and freebooters; all
Indian leaders will be of low calibre and men of straw. They will have
sweet tongues and silly hearts. They will fight amongst themselves
for power and India will be lost in political squabbles…”
#ElectionsIndia every five years at States or Union level is a measure of performance and accountability of our Legislature and elected Executive. Election is a sacred process to set up governments to work for the people and carry out development of the nation. It must necessarily be performance-based. But our kind of elections negates the basic element of accountability due to the trickery of allurement and appeasement practised by the candidates and political parties without any impediment, also accusing and nagging the opposite parties and candidates for impressing the ignorant voters, masking their own performance.All this shifts their focus from constructive work to reliefs, dole-outs and allurements of free houses, plots and regularisation of #unauthorisedColonies etc., also accusing and nagging the rival parties and candidates. These practices are obnoxious and unbecoming and amounts to cheating the voters.
Media reports that Electoral allurements have rendered Indianvoters of the world’s largest democracy, to mere “tradable merchandise” (clipping 58 of the book). Sixty-eight years of rudderless voyaging has pushed #India to utter shambles and people to stark poverty, illiteracy and misery.
ELECTION COMMISSION MUST MAKE OUR ELECTIONS
ACCOUNTABLE AND PURPOSEFUL
For free book visit: www.indiainshambles.com
For free book visit: www.indiainshambles.com