No tears but only action

Rohit Gandhi’s view in article ‘Action not tears , will change  the Indian  Judicial system’, need to be added, with rider - ‘if Legislations are controlled under the constitution of India, as most statutes are passed by insolvent MPs or MLAs from day one ie 26 January 1950 by not not taking cognizance of Insolvency Acts of the British India ot under Government of India Act 1915 or 1935, as Art 377 recognized by the Constitution of India; simulataneously Art 102(3) controls -no insolvent can be an MP or MLA...viewed from the spectrum of priciples based Paradigms  we know wgere lies the defect, obviously our Legislators as law makers and Executive, just hang the people, not the judicial courts !’ actions need to be from Legislators and Executive Rohitji!

‘War and peace  is what  the author (Tolstoy) wished, and was able To express in the form  in which it is expressed. Such an announcement Of ‘disregard for conventional form in an Artistic production might  seem Presumptuous were premeditated’, has been published Tolstoy wrote for ‘The Russian Archive.’

War and Peace is established in the artistic form of a Magna carta like ‘The Constitution of India’, the war is a continuous phenomenon among the three wings of the governance system called , The Executive, The (Parliament) Legislature and the Judiciary’ - after al all three wings need to be independent of the other; so that checks and balances on each other are assured, so as to enable the system works as designed by the foundinf fathers - they never wanted nexus arrangements with other is obvious formation in any democracy where , it is the rule of the people by the people to the very people, obviously, there shall be persistent conflicts with the other then only the designed things would work duly corrected by persistent conflicts; is the idea of any Democracy, for it no longer believes in Divine Right, as the power paradigm.

It is like always conflict of interests are always pre-dominent. between husband and wife, to maintain ‘due checks and balances’ on each other.

Many ‘Lacunae’:

(In Parliament, Legislatures, Executive inefficiency of rule suggestion mechanism as a subordinate legislations, as both work in tandem on misconceived law making and or statute making, as these both wings fail to properly interpret art 265 of the Constitution of India -  ‘procedure prescribed by law (i.e. the Constitution of India) not the meaningless statutes conceived by the law makers at the behest of the Executive)

I as an professor of Law and then as an Advocate of Bombay High Court, with over all legal exposure over 45 years, I can say more ascertain where is the error, as PhDs in law today are some automatons instead of real researchers of repute who can be relied upon.

I had an experience of guiding some researchers in branches like Law, Economics, Management over 3 decades, when I was addressing pre-PhD and final thesis presenters at Pune in a couple of universities as also in Bangalore university as an UGC resource  person at the UGC -staff Academy, I realized how pathetic is our research programs are.

Synopsis writing is yet not matured but so many deemed universities in new Avatars surfaced in the last 3 decades, all just turned out to be some ‘Degree Mills’ like in the USA.

Now Gujarat University PhD students  are foisted to work on great ‘Modi’ ideas of governance, as also his projects as research topics; obviously Gujarat unversity is becoming gradually another ‘Degree Mill’ in India;

Research topics ought to be on the experiential learning of the scholar in any particular area need to work out ‘thesis’ under eminent guides, not ‘political ideologues’ of political parties, as researches need to talk about how the new thoughts would influence the mankind in various area of branches of learnings, instead of some kind of encapsulated political ideology, for no political thinking ever survived a few decades too; for political parties are born and soon after die a natural death yielding place to new thought dimensions of men emerging day in and day out, that way Universities need to work on ‘Yesterday, Today and Tomorrow’ basis, for no government could ever control higher Education as such, as every university is like a separate Satellite like mining in new areas of wisdom not ever known before, but very high explorations each satellite does.

Every exploring satellite goes into new area of appreciation, so every researcher is like an  satellite independent satellite

He should have  stamina of spiritualist like; he has to explore all possibilities and even impossible he has to make into  possible; possibility thinkers they should be in an area of so many hurdles; without possibility thinkers , George Washington Bridge across Hudson river at Ney York  or the Niagara falls, near New York in the USA. How could be possible if they were lazy like today Indian Legislators, they would not have got or won Independent USA; they had to convince then 13 states to accept American federation idea;

‘unlike, like, ‘a cake walk our Indian parliamentarians’,  ‘had just converting the provinces into so many states; usurped princely - territories - ‘States’; and even  they ‘simply deprived the princes’ what they agreed, to pay privy purses; ‘

usurping is indeed a sickly and lazy sticky wicket like idea of Indian Parliament then.  But we rejoiced at the Princes’ losses; How our parliamentarians can ever be called as ‘ Humanistic- guys’!

We never bothered to cheat as parliamentarians that continue even today; obvious it shows we are not ‘spiritually strong’. So we do all kinds of ‘hera pheri’ to ridiculing dimentions.

So we created Chagan Bhujbals, Ashok Chavans to name a few; they rejoiced at ‘blackmoneys’ they cornered from builders , made them to loot the flat buyers today; again you introduce sec 194 1A section income tax Act again to loot the gullible flat buyers, do you mean to say you are good legislators, but short term looters kind robbers, duly entertained by public servants called Executives, just in five years just to  loot right and le;, but you have ‘temerity’ to call the ‘judiciary ‘ is wrong, ‘not these worthies’!, that is the indian media today, most unreliable journalists produce fake stories to your own readers, just to boost up your own Advertisement loots; if you do not do advertorials, you may not get advertisements backings from these accusable ‘criminals’!

Tax man is in friendly terms with ‘these kinds of criminals’. Many builders in nexus with bureaucrats and legislators in power as ministers or otherwise really take the people for granted; but like wolves stalk at sheep and goats in people; and attack and devour them  as and when possible, Therefore the perceptions of Rohit Gandhi is not like M K Gandhi, Rohit research is not research think at all but some idea for an advertorial in the new Zee’s upcoming  global  English  news channel WION . otherwise nothing great even a ‘dna’ news paper publishes means nothing indeed obvious, why ?  

Very same tax man too generates a lot of black moneys by extortins duly assisted by some unreliable CA community today. I had an experience myself but I took on them i fought the battle and finally won against the taxman in the regular court battles over between 2011 to 2014, so I know today ‘professionals’ want short cut earnings, so soon the clout of professionalism would fade away!

Some great thinker once said;

‘Without spiritual stamina, No ONE can stand up to the Threats and Onsloghts of Circumstances in Life.’

‘We could do most things BEST  by Easing  into them Slowly. Don’t ever be in a Hurry.  The Best rule is ‘Hasten Slowly’. Be careful , but steady, in your Pursuit.’

Most works as research papers are not really research papers for most are plagiarized material of some eminent men ands women; but these modern scholars really dod not properly understand the depth of their material, like legislators in india who are yet properly understand the Magna - Carta type Constitution of India, for there are so many articles articulating a lot of thoughts but these worthies not understood the essence of the Constitution of India well crafted by the Constituent Assembly under great erudite scholar in Dr. B.R. Ambekar till date in spite of 68 years of experiening the Constitution of India.    

Main culprit of backlog of cases 80 lakhs to 3 crores obviously the creation by mad legislation by law makers, on and off;

Too many amenments to laws or statutes make simple laws and simple laws like IPC get tweeked to become more meaningless and result in meaningless litigation, like Gay Act, Indian Income Tax Act, obviouly make their own officers get confused; and other affected, when the law makers do such ‘fuuny’ amendments, very Constitution of India is over strained, though that is the real Rule of  Law in India, not these blessed regulations by the law makers or sub-ordinate legislations by way of rules and regulations;

Executive and the Law makers just make meaningless statutes, not knowing the art of making rules and regulations;

These Executive and law makers tout for ‘judicial restraint’ ; indeed obviously great foolish idea if the judiciary agree to the Judicial restraint’ ; if done it will just peril the common man’s reasonal living - see here Adharsh bulding in Mumbai 31 stories which is to get demolished per se High court Order a few days back though the case is fought since 2010 - do you need ‘judicial restraint ‘ to save Ashok chavan or Bhujbal or like men, certainly not; that way the honorable court is right to prononce ‘demolision’ of the building in terms of Minitry of Environment, Defence ministry and the like authorities who consistently stood firmly against the then Ashok Chava’s government in the Maharashtra;

Then UPA II in the union consistently failed the common man’s expectation. So Congress got routed in the general elections that is an eye opener to any newspaper man or media persons or the very media itself ., if the just have some robust common sense to grasp, obviously they don’t have is true proved time and again in the 21st century;

If you allow the kind of Adharsh type or the present ‘Fake tribal caste certificated public servants under ‘judicial restraint’ naturally the court might slip into a situation of nexus with governments and politicians, and just mangle the Constitution; obviously courts must desist the temptation of ‘judicial restrainst’ as such;

Independence of 68 years experience need to be assessed on experience like the Mandal commission reservations as interpreted by VP Singh or the Chief Minister of Kerala  late K. Karunakaran to salvage the chief secretary’s error of permitting more than 50% reservations that led the hnorable Supreme Court in Indra Shahani rightly indicted the chief Secretary by a contempt Notice, to ensure the chief secretary to be saved Karunakaran got an Act or a statute passed for ‘creamy layer reservations’ in Kerala; and that caused even creamy layer entered in ST/SC reservations leading to really poorer  sections in those communities are side lined in favour of the creamy layer; today you had Jats, Gurjars, then Patidars agitation surfaced, do you say the judiciary is responsible or the so called ‘lawless‘  lawmakers?

Obviously initially the Apex Court failed when it approved theMandal commission report really not supported by any reliable statistics , but due to ‘judicial retrained’ idea; that way in the USA USSC really do not support ‘judicial restraint idea’ just because judicial review is the prerogative of the judiciary to safeguard the constitutional tenets ; that rubbished CJ Mr. Story’s  or justice Frankfurter ideas of  judicial restraint;

If one error happen in judiciary it might have congenital defect in the very constitutional prescriptions;

Legal proceedings:

They go by ‘Audi Alteram Partem’ ‘Hear the other party’ properly is per Art 14 of the Indian Constitution, a fundamental right of every citizen; after all citizen just trusts the great meaningless statutes passed by these so called ‘law-makers’; naturally the court need to test those statutes on  the anvil of the constitution in any writs;

There would be  the necessary fundamental right need to be honored;

That idea would  cause a lot of adjournments; but trialized adjourments  need to be discouraged;

Judges or advocates falling sick is natural law of nature ; you can’t do anything;

It is a must and should illegal adjounments must be discouraged by heavy  cout fines;

Indra shahani case in 1992, obviously took a toll of the court’s time; indeed she should have been fined; and the Kerala legislation of ‘creamy layer’ought to have been jettisoned by ultra vires doctrine to ensure the chief secretary’s arrest under the contempts of court Act 1971; Judicial restraint observed by the honorable court vitally affected the court’s time and the judges’ executive time;

Fact is ‘emotional’ depressions are predominent  in the law makers, the kind of karunakaran’s reaction is something like Schizrophenic reaction type only, in fact karunakaran should have sent to psychiatric examination by making him resign that the way the political party ought to have done; but that Schizoprenic reaction as a great ‘thought’, that has a lot of chain reactions even today, see Patidars agitation forced the gujarat CM to grat 10% reservation under a new classification of EWS in all communities; that means there is a whopping quantum of reservations; while in tamil nadu thanks to another great ‘Karunanidhi’ about 80 % reservations are there; are there not a serious confusion; if all reservationists net about 80 or 90  % reservations what would happen for others? Don’t you think , you need  to think;

Now in telengana ans seema andra Kapus need reservations; where from you will give reservations; is there a federation in india or not? You have to think;

Most indian politicians need to go for psychiatric treatment, as they all suffer all kinds of new varities of emotional depressions;

Polticians can be diagnozed as suffering from ‘politico- depressions- tending to schzoprenia’ a new type of disease;

By: Adv.Dr. Guru Balakrishnan, 

Professor Emeritus law and Economics (BU)