You cannot take it for granted -dear Parliamentarians! Media cannot play with politicians I mean in India

S R Bommai v UOI judgement really made Sarkaria  commission report statutory under Art 141, by the 9 member constitutional bench, since its verdict.

Justice Sarkaria Commission became a reality in 1983, when Smt. Indira Gandhi had to appoint just because all opposition leaders got jerky of the Art. 356, when it is used like a staple diet of Congress, while Dr. B.R, Ambedkar assured to Pandit Hridayanath Kunzru, in the Constituent Assembly when it was discussed for clarity:

Kunzru ( representing United Provinces: General) asked  BRA:

May I ask (you) my  Honorable Friend –  to make One Point Clear – ‘Is it the purpose  of Art 278, 278 A (356, 357), to ENABLE  the Central Government (today’s Government of India)  to ‘Intervene’ (at the drop of the hat!) , in Provincial Affairs, for the sake of Good Governance  of the Provinces (now States, forming part of the Union of India)?

BRA : (Emphatically, ) NO, NO,  – The Center  not given (empowered) the Authority . 

PHK : Or, only, ‘when there is  such a mis-governance in the Provinces to ENDANGER  the ‘PUBLIC-PEACE’.

BRA : ‘Only when  the government   is NOT  carried on ‘in consonance’  with  the PROVISIONS as laid down  for  the Constitutional Governance ,(per se the Constitution os India),  of the Provinces (States).

He added,  – ‘Whether there is  Good Governance  or Not, in the Provinces is ‘Not’ for the Center ‘to (Decide) determine.

He further ‘clarified’ -(Crystal Clear Terms ) ‘I AM QUITE CLEAR ON THIS POINT’.

Further, ‘I share the ‘sentiments’, expressed  by my Honorable Friend Mr. Gupte – ‘Yesterday’, – BRA said ‘the the proper thing,  ‘We ought  to expect  in that, they would ‘remain ‘ a ‘Dead Letter’,(obviously, Art 356 might be used in the :

‘rarest of rare occasion only’ 

{ Art 356 (5) was inserted by the 38th Constitutional Amendment), in the Constitution of India; (reading)

‘(5)*   Notwithstanding,  anything contained in the Constitution, ‘the satisfaction of the President’ ,  mentioned in 356 (1), shall be ‘final’ and ‘conclusive’; and shall not be Questioned, on ‘any ground’.

{However, thanks to the 44th constitutional Amendment( Constitutional amendments have become some kind of statutes normally made by lawmakers – ‘Legislators, with half baked knowledge of  ‘Law making’ duly supported by half-baked legal parliamentary draftsmen, a *laughing stock-type), brought forth’, in 1978. by prime minister Mr. Morarji Desai, the Original Article 356, (as originally envisaged by Dr.B.R. Ambedkar), was RESTORED BACK.

{ Due to all these ‘dance dramas’ of politicians, opposition leaders naturally got jittery, and that forced  Smt. Indira Gandhi in 1983, on March 23rd to appoint the justice Sarkaria Commission, to go into  the ‘Centre – State Relations’ ).

The Commission took five years of deliberations and gave the Report  to the government, but , government never took decision, till date, but (the Honorable Supreme court, rightly studied, and, accepting the Commissions’ views, it passed, its unanimous 9 bench order in S.R.Bommai  v Union of India, that way its main recommendations have become Art 141 – Judge made law; and the same decision has become mandatory on the Parliament as also the President  of India. one needs to appreciate.

;

 

that way

 

 

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