Column: Is the judiciary ruling India? - Analysis - DNA:
Arvind Radhakrishnan, who has written this article, teaches law, but he has failed to understand the basic reason for the people's distrust of the executive and the legislature and its trust in the judiciary. It's right that politicians will have to play politics, but the politicians will have to understand the limit of their politicking. From 1950 the politicians began to play politics with the Constitution and began to violate its spirit, its provisions and unabashedly resorted to reckless amendment of the Constitution. No wonder that when in 1967 the Supreme Court ruled in the Golaknath case that Parliament could not amend Fundamental Rights, people generally welcomed this. In Keshavanand Bharati(1978) case the SC came out with the "basic structure" theory, which said that though Parliament has the power to amend any part of the Constitution, it could not amend the basic structure of the Constitution. In the Minerva Mills case(1980) the SC reiterated its position. The politicians took the Constitution for a ride when they had the requisite majority in the Parliament and State Legislatures. Had not the judiciary stepped in, the politicians would have thrown constitutional provisions and propriety through the window as is evident in the case of federal structure, governor's role, meaning of secularism etc. As the guardian of the Constitution it is incumbent upon the Supreme Court to interpret the Constitution in the spirit of our founding fathers.
Monday, March 5, 2012
Wednesday, February 29, 2012
Great Catherine's Many Dimensions | The National Interest
Great Catherine's Many Dimensions | The National Interest:
Catherine the Great was one of the most famous rulers of pre-Revolution Russia. She was at once an enlightener, a law giver and reformer of state institutions. But she was also a woman whose marriage could not be consummated. In desperation she used her power of seduction to help her consolidate her hold over her country. Her's was a classic case of the successful use of sexual politics. For us Indians there is deja vu here.
Catherine the Great was one of the most famous rulers of pre-Revolution Russia. She was at once an enlightener, a law giver and reformer of state institutions. But she was also a woman whose marriage could not be consummated. In desperation she used her power of seduction to help her consolidate her hold over her country. Her's was a classic case of the successful use of sexual politics. For us Indians there is deja vu here.
Exclusive: HC requests UPA to ensure Prez nod for Mayawati’s bill - India - DNA
Exclusive: HC requests UPA to ensure Prez nod for Mayawati’s bill - India - DNA:
It is a curious case and previously unheard of. The Allahabad High Court has requested the UPA to shed political considerations and expedite the Presidential assent of Anticipatory Bail Bill passed by Mayavati Govt. The Governor can refer a bill passed by State Assembly for Presidential consideration and assent. There is no time limit for the President to give his assent. Simply by sitting on the bill the Union Govt can kill a bill passed by the State Assemblies. This is clearly against the federal structure of our Constitution. The politicians, the judiciary, the media, the academia and the legal fraternity owe it to the nation to address the issue before it is too late.
It is a curious case and previously unheard of. The Allahabad High Court has requested the UPA to shed political considerations and expedite the Presidential assent of Anticipatory Bail Bill passed by Mayavati Govt. The Governor can refer a bill passed by State Assembly for Presidential consideration and assent. There is no time limit for the President to give his assent. Simply by sitting on the bill the Union Govt can kill a bill passed by the State Assemblies. This is clearly against the federal structure of our Constitution. The politicians, the judiciary, the media, the academia and the legal fraternity owe it to the nation to address the issue before it is too late.
Tuesday, February 28, 2012
Muslim behavior/terrorism correlated with population size « Heaven Awaits
Muslim behavior/terrorism correlated with population size « Heaven Awaits:
Is Muslim behaviour dependent on its share in the society/ country? An analysis with many may not agree.
Is Muslim behaviour dependent on its share in the society/ country? An analysis with many may not agree.
Bravely evaluate your leaders, starting with Nehru
Bravely evaluate your leaders, starting with Nehru: (1)
What has bravery to do with evaluation of our leaders?Like so many other things, such as, mixing religion with politics as in Khilafat Movement or caving in to blackmails by leaders like Jinnah, Gandhijee began the practice of nominating rulers which continues to this day.
What has bravery to do with evaluation of our leaders?Like so many other things, such as, mixing religion with politics as in Khilafat Movement or caving in to blackmails by leaders like Jinnah, Gandhijee began the practice of nominating rulers which continues to this day.
Monday, February 27, 2012
Four women judges hold promise of justice for 2002 - Indian Express
Four women judges hold promise of justice for 2002 - Indian Express:
Not sure if it is a sociological study of judicial behaviour in Gujrat or a sinister design to influence the course of justice!
Not sure if it is a sociological study of judicial behaviour in Gujrat or a sinister design to influence the course of justice!
SHEHJAR - Web Magazine for Kashmir :: A History of The Kashmiri Pandits Race
SHEHJAR - Web Magazine for Kashmir :: A History of The Kashmiri Pandits Race:
Not many people in the world have been forced to abandon their homeland in the name of democracy, secularism and short-sighted politics.
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