Saturday, 28 February 2015
INDIA IN SHAMBLES - FORGOTTEN CONSTITUTION: Apex Court view on tainted Legislators
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...
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; www.indiainshambles.com
Thanks
and Regards
K
C Agrawal
Sunday, 22 February 2015
INDIA IN SHAMBLES - FORGOTTEN CONSTITUTION: Apex Court view on tainted Legislators
INDIA IN SHAMBLES - FORGOTTEN CONSTITUTION: Apex Court view on tainted Legislators: [ In the interest of the general public] For insi...
Apex Court view on tainted Legislators
[ 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...
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...
Urgent necessity to establish responsible and accountable system of governance
Dear Friends,
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
INDIA IN SHAMBLES - FORGOTTEN CONSTITUTION: #WastedResources: 1. #PoorTransportation and commutation system 2. P erennial #powerShortage and breakdowns 3. Poor #waterandLandManagement causi...
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