Saturday, 28 February 2015

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 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;
Thanks and Regards
K C Agrawal 

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