It matters not what we do

‘It matters not what we do, but the glory of endeavor  lies  in how we do it’ Chinmayananda said in thought share!

It matters not what we do?

Likewise is the CM Mr. Fandnavis satement that ‘he would not  throw out the fake certificate caste holders’, may develop a new class of new ‘Caste’ he creates  in the caste system, like your citizen jounalist in Asimedra  kumar on 7th of your Navimumbai issue correctly said ‘reservation’, itself some new caste; but this young man seems more bestowed with robusust ‘common sense’, for he rightly said, correctly, ‘ it is self-derogatory, somebody should give him (me) a job without ‘merit’.

Every one knows just if you prepare 10 questions with answered and drawn from last 5 years question papers thoroughly, you would net 90% marks as every examination is dependent on last ten year question papers; but only ten of its questions.

It means you do not know answers of 100 questions of the subject in the last ten years, already derogatory status existing even if you get 99% marks;

You are still not greatly meritorious; that you know yourselves; no need of any more explanation of the normal examination system;

That was making the educationists to think ‘why not scrap very examinations; but work with ‘unit tests only’;

And if one consistently ‘nets average of certain percentage’;

That average of the unit tests would be the students performance in the relevant subject of the year of study.

Therefore it is obvious already your education system is passing type only;

Though you may call 1st class, 2nd class, 3rd class and the like by these classifications themselves is some ‘self cheating’ process;

For this type of education  we have been spending about 25% of parents’ income and bank loans, besides governments’ draws moneys from tax payers’ funds;

A colossal wastage of scarce resources  of any Nation.

Now under so called ‘reservation system’, you simply lower down that already ‘decrying education system’; and that is obvious;

You under valued  already undervalued system of education as such.

But these ‘reserved communities - you may call as SC/ST/OBCs/BCs/spl. OBCs and the like;

you now add a  new ‘reserved community as a new caste’ further our Fadnavis introduces ‘Fake certificated comunities’ as another new caste!

If you by your own ‘down grading skills’ of politicians of any set of people, you further downgraded - what do you  achieve?, think a while.

This Mr . Kumar rightly stated he wanted to be a ‘merited’ person rather than to be so called down graded ‘reservation ‘ category.

He is perfectly  ‘Right’ type of self respecting person, in his highly sensible comprehension of education.

This is again another kind of ‘rigid’ caste system - ‘reservations’ categorized types; obviously, grossly, your education obviously is already useless;

With that equipment  how could you be trusted as a professional is the pertinent question Mr.Kumar raised in his observation.

He also pertinently says, how people could trust that so called education however much it is recognized by the government of the country or the state/union, in the name of recognized course of study, at what cost?

That way he answered the reservation based education is ‘most untrust worthy’ for any common man constitutionally.

Therefore, he rightly said:

’After graduation, I was unemployed for a few years, but I ‘never’ wanted that some body (obviously - “sympathetically”,) should give me a job without merit free (obviously out of ) competition.’, Hence he ‘rightly called it as “self derogatory” ‘.

But this CM Fadnavis says  he would continue this system of education at the cost of very education;

As such besides against Constitional fundamental rights of all people’:

Besides very ‘reservation’ communities;

Besides,he shamelessly like to add another group of ‘Fake certificate casted caste’ persons;

While he really baptises  ‘them’ in the ‘jobs’ they hold besides after vatrious promotions under these categories of reservation means he is willing to scrap  ;

The very part III of the Constitution of 1947 founded by founding fathers with great faith that the posterity would uphold the ‘basic structure’ of the Constitution without any ‘erotion’, or ‘denudation’ of education and morality or ethics (which vey RSS do question  now, as the mentor of the BJP as a splinter of the RSS wing but under its control).

Again question arises, if Fadnavis assurance is continued for Faked reservationists, it is obvious, that ‘fakes’ do have ‘so called’ constitutional right to exist, and all protection under constitutional rights;

Obviously, there might be a new statute  might be called -  ‘Fake certificated class Regularization Act 2016’ - (like Karunakaran’s  ‘creamy layer’ class Act;

As Kerala state government passed in 1985 in its legislature and the union also approved by a presidential assent;

In the wake of then honorable Supreme  court judgement in Indra Shahani v Union of India case of 1985;

Where in the the nonorable court ‘issued Contempt Notice’ the then chief secretary {( hope people would not have forgotten (though   thirty years have passed over by 2015)} .

That way still the contempt notice is still alive; but bridged by the so called creamy layer Act;

Obviously to protect that so called chief secretary ,(might have died and might be under RIP status in some cemetry or in some crematoria in Kerala. by now);

When that creamy layer  Act is still questionable even in 2012, and 2014 SC cases;

How Fadnavis would keep alive  the Faked  certificated public servants survive;

The State Services Conduct Acts are modelled on Central civil services regulations is another question Fadnavis needs to answer;

So also the union ministry of persomnnel and grievances functioning under the nose of PM in the PMO too.

I do not understand how the custodians of the constitution the Bombay high Court and the Suoreme Court would countenance?

Here again if 10 lakh people only in maharashtra got ‘faked caste certificated persons’ in government service;

So also in every state there might be several lakhs per state since 1976 position might surface;

when the SIT is appointed by the Supreme Court;

For it cannot be an ‘idle spectator’, passing all the so called statutes to be approved or had been as constitutional amended the fundamental rights;

Ramifications are being serious;

Many politicians right from 1976 need to be brought to justice; along with so called ‘fake certificated’ public servants; if they are  paid  pensions for their so called “meritorious services”; could their pensions be protected, under L. Chandrakumar judgement besides; and under Art 311 of the Constirution of India need to be adjudicated upon by a 13 member bench like Kesavanandabharati case, is my considered opinion, being a lawyer myself;

Again, it is proved beyond reasonable doubt ‘defacto’ representative authorities appointed by dejure citizens have out lived their existence is obvious ; that  you cannot deny under any pretext for the defacto rulers; besides your ‘servants’ as in ‘public servants’ outlived their existence is also  equally obvious; as monitoring mechanism existing obviously very badly failed; that too no one can den;

In that back-drop the honorable Supreme court or any high court(s) cannnot permit these kinds of wrongdoings; if it or they do public will have least trust on judiciary; and would treat the judiciary at the same level of any unreliable governmental system; and that might cause the rise of peoples courts; that is how civil wars arose all  over the world , none can deny if one cares to read the histories of the world and the historical determinations.

Hence, the constitutional courts cannot take things for granted is another obvios factor.

Legislative assemblies being filled with politicians, like in rajyasabha  they too lost their credibility, in the eyes of the public; as public never much trusted the loksabha or the legislative assemblies since 1950s;

More so, of late, in its ‘60 plus years of working that the courts cannot  turn a Nelson’s eye - one needs to know more so, the very courts  themselves, if they  really want to be accepted by public as real custodians of the constitution.

What MK Gandhi, as  the Father of Nation suspected of the future indian politicians is again proved beyond doubt, in real governance factors that none can deny by any facade of arguments.

One more, the world respect on India would just ‘collapse’; none except one who wants to ‘colonize india’, would try to say great things just to loot again, is also a ‘fact’ none can deny.

Any careless behavior of any worthy(ies) would make the country a big laughing stock ; as India has a ‘paper tiger type’ of the Indian constitution and other statutes;

but fact is india terribly  is a degeneration, for personal benefits, like any arbitrary state anywhere; but India is having, some oligarchy type politics is obvious.    

‘But the glory of endeavor  lies in how we do it’:

Another citizen journalist in  PK Undwar says:

Out of 4032 MLAs, 1250  accounting for 31% ,of states representatives of constituencies  have ‘declared criminal cases; and 15%  do have very serious  criminal charges;

- in Parliament, we have 112  members face similar charges, 9 accused in murder charges; and 17 in attempted murder cases.

Suspected criminals are in power with history of gangs dismayed the campaigners it is said.

In the 541 MPs, we have 186 MPs  face criminal cases.

So in fact we have per his statistics, , ‘dubious, unreliable, , suspicious elements’, do rule the nation, how can we rely on such a lot.

I do not agree with  H.L. Datu, retd CJ..statement:

‘Judiciary could not restrain tainted people from contesting elections as it falls under Legislature domain; ‘ which alone is competent to enact law  on this issue..’

Constitution never conceived criminals as legislators basically, when so, how the ‘domain’ idea comes into being is the question to Mr Datu.

Constitution did not gave ‘custodial powers of to criminals  in power’.

Even suspected can be weeded out.

If not Constitutional breakdown arises.

So Datu’s argument sounds strange and baseless.

My dear Datuji, you as SC CJ is called as the Custodian of the Constitution: so also every CJ of ever High court in India collectively you are bestowed the powers of custodianship. If you say so as helplessmen, being a ‘super watchman of the citizens’, with judicial review  powers ; ‘ either the watchmen are unfit to be watchmen for their dereliction , of duty confered on them.  (Art 51A)

My dear Datuji, ‘your concept of separation of powers’ is valid only in normal circumstances’ but here definitely misplaced;

That way the Judiciary is formed to have right balancing act, on the legislatures;

ie., you by ‘judicial review’, can obviously discipline the legislatures as also the parliament is the constitutional jurisprudence sir.

You could have seen in USSC recent judgement on the…...in ‘Evenswell v/s Abbot 14- 940’:

Said that ….

’all the people in the district need to be counted as the number of people living in the district, the legislature cannot just count only the ‘duly recognised citizens’

And equally cannot ‘omit others’, like aliens, immigrants and so on..;

if you were to be a judge there,

You would have, just stated ‘only registered citizens’, only to be counted...means you would have lost touch on the principle of population - demography - in any election demography and density are vital factors not your kind of highly religious view sir.

There are implications in Texas state, Republican count would be jeopardised that is no conceren of the court any where.

Similarly, you cannot too much read your so called separation of powers principle,in a haphazard parliament or legislatures.

If the separation was vital how NIC Act; ,and  NJAC Act was passed with 99th constitutional amendment by the so called parliament and legislatures sir;

How did you quash;

The parliament intruded in your judicial domain like it did in 1950 1st amendment Act; with the so called ‘IXth schedule’, to see parliament can bar courts on some of its legislation or statutes, and it did; but for CJI Mr. Y. K Sabharwal it would not have been quashed, (obvious), In L.R. Coelho v St of TN in 2007, he spared due to a previous SC judgement about 13 Acts left untouched; while all others are brought under jurisdiction of the court.

There only lies the glory  of endeavor; that yields to how we do it.

So please, one need to realize, the  SC judge is not a ‘robot’; but a sensible human being; who deciphers what is ‘credible’ and what is not?

Sabarwal  never looked back for  sinecure of offices from the government

Rightly so.

No SC judge need to look for any sinecure.

No USSC judge looks for any such.

Though his appointment to bench is lifetime ; he too retires depending on his ability to sustain.

You also should note most USSC judges are some political ‘party men’: but once puts the mantle of the SC judge, he acts per constitution; never ‘docilely’ allowed constitutional amendments there; had they by  now there would have been some 11000 + could have surfaced; but why only 27 constitutional amendments are there; you know the reason now  - independence of judiciary :

- it is as good as very ‘Congress’ itself.

You know why not? here the reason is sinecures!

SC need to rise up to the occasion, if not; why do we need so called  the Supreme court in India, if it is not supreme?

People trust the Supreme court; that they would be protected by the SC; but if it cannot, why india would need  SC, people would think; just think a while ‘judges’ of the august Supreme court of India.

SC cannot throw its hands backwards; it has to stand up to times is my considered thought; after all Indian constitution is modelled on American Constitution too Sirs.

Obviously, I also do not agree with j j Mr. A.K Sikri Mr. Arun Mita- ,they quote as if a devil quoting scriptures, simpy because ‘super devils’, in parliament is controlling them.

If you don’t have guts to be meaningful judges : why at all become judges of the Supreme Court is my straight question friends; you are all much younger to me by age and experience besides I was a professor of Law.

If the courts fail naturally people would not tolerate is very clear.

Those who cannot be meaningful judges at the hon SC better do not take up judgeship there , be happy maximum at High courts, is my considered  opinion.

But for John Marshall in 1830s, the course of American History would have been different, he had the legal equippment of 8 weeks at some law school;

But you people spent years besides being some kind of judges for so many years, what did you learn would be question any one would ask at you people.

‘You  have to bring glory to the Court’ ; no parliamentarian would bring glory to the courts; but they are some white ants like parasites, on the citizens.

They need to be disciplined time and again sirs.

You can’t allow them live long as parasites, because of these parasites you have terrorists  everywhere all over, in any democracy.

If you live to glory,  your endeavor only need to prove, by properly reading the articles, they are not some platform speaches but some concise statements to be sensibly interpreted. (Ends)