Archives for the month of: May, 2016

Rohit Gandhi’s view in article ‘Action not tears , will change  the Indian  Judicial system’, need to be added, with rider – ‘if Legislation 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; simultaneously Art 102(3) controls – ‘No insolvent can be an MP or MLA’…viewed from the spectrum of principles based Paradigms  we know where lies the defect, obviously our Legislators as law makers and Executive, ‘just hang the people’, cannot the judicial courts !’ actions need to be from Legislators and Executive Rohitji!

By Adv.Dr. Guru Balakrishnan, professor Emeritus law and Economics (BU)

‘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 all, 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 found in 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 predominant, 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 legislation, 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 a professor of Law and then as an Advocate of Bombay High Court, with over all legal exposure over 45 years, I can say, more certainly, where is the error, as PhD’s in law today are some kind of ‘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 Professor  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 university 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 have the need to talk about – how the new thoughts would influence the mankind in various areas of ‘branches of learning’, instead of some kind of ‘encapsulated political idealogy ’; for no political thinking ever survived a few decades continuously too is well known;

 

for political parties are as soonas they are born and soon thereafter after die a natural death, yielding place to new thought dimentions 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 seperate Satelite 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 Orbit of  appreciation, so every researcher is like an  satellite independent satellite;


He should have  stamina of spiritualist like; he has to explore all possibles and even impossibles, he has to make into  possibles; possibility thinkers they should be in an area of so many hurdles;

 

without possibility thinkers , George Washington Bridge across Hudson river at New York,  or, the Niagara falls, near New York in the USA, could ever be.

 

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 as ‘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 dimensions.
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 left;, but you have ‘temerity’ to call the ‘judiciary ‘ is wrong, ‘not these worthies’!,

that is the Indian media today (citing Art 19 – free speech), 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  a meaningful 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 when  a ‘dna’ news paper publishes means – ‘nothing indeed obvious’, why ?  

Very same tax man too generates a lot of black moneys by extortions, 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 and women; but these modern scholars really do not properly understand the depth of their material, like legislators in India who are yet to 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 and draftedby the Constituent Assembly under great erudite scholar in by Dr. B.R. Ambekar till date in spite of 68 years of experiencing the Constitution of India.    

  • Main culprit of backlog of cases 80 lakhs to 3 crores obviously the creation by mad legislation  of statutes, by law makers, on and off;
  • Too many amendments 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, obviously make their own officers get confused; and others affected, when the law makers do such ‘funny’ 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 legislation, 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 reasonable living – see here in Mumbai, ‘Adharsh building’, 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 pronounce ‘demolition’ of the building in terms of Ministry of Environment, Defense Ministry and the like authorities; who ‘consistently stood firmly against’ the then CM  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 they 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 restraint’ as such, like in the USA;
  • Independence of 68 years experience need to be assessed on experience like the Mandal commission reservations as interpreted, (obviously wrongly when read with art 102(c)) by VP Singh or the Chief Minister of Kerala  late K. Karunakaran, to salvage  or save the chief secretary’s ‘error of permitting’, more than 50% reservations that led the honorable Supreme Court in ‘Indra Shahani’ case, rightly indicted the chief Secretary, by issuing a contempt Notice; but to ensure the chief secretary is to be saved, great  Karunakaran, as CM, got an illegal idea as an Act or a statute passed for ‘creamy layer reservations’ in Kerala; and that caused even ‘creamy layer’ entered in ST/SC reservations too, leading to really poorer  sections in all those communities are  to be side lined ‘in favor 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 to rightly appreciate Art. 16 (4); when it considered and approved the Mandal 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 is to safeguard the Constitutional tenets ; that was once rubbished USSC C J 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 in the light of Art 16(4), a fundamental right of every citizen; after all ‘citizen just trusts the great meaningless statutes passed by these so called ‘law-makers’; naturally the honorable Courts need ‘to test those statutes’, on  the anvil of the constitution in any Writs;
  • There would be  the necessary ‘fundamental right’, need always to be honored;
  • That idea would  cause a lot of adjournments; but trivialized adjournments-concept when trivialized  need to be discouraged by due fines on the parties concerned, be it government or anyone;
  • Judges or advocates falling sick is natural law of nature ; you can’t do anything;
  • It is a must and should illegal adjournments must be discouraged by heavy  court 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 Contempt of court Act 1971;
  • Judicial restraint wrongly observed by the honorable court vitally affected the court’s time and the judges’ executive time, besides exchequers funds;
  • Fact is ‘emotional’ depressions are predominant  in the law makers, the kind of Karunakaran’s reaction is something like Schizrophrenic reaction type only; in fact Karunakaran should have been referred to or sent to psychiatric examination and thereby  made him resign the CM’s post, as constitution never allowed any lunatic or any depressed kind of man, that the way the political party ought to have done;
  • but that Schizoprenic reaction was felt  as if a great ‘thought’, that has led to a lot of chain reactions even today;
  • see Patidars agitation forced the Gujarat CM to grant 10% reservation under a new classification of EWS in all communities in the face of Art. 16(4);
  • that means there is a whopping quantum of reservations;
  • while in Tamil Nadu thanks to another great depressed man in ‘Karunanidhi’ did reservations ; to about 80 % reservations are there; are these not a serious confusions;
  • 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 and Seema Andra, ‘Kapus’ need reservations;
  • where from you will give reservations; is there a Federation in India or some mad governance will not any one doubt? You have to think;
  • Most Indian politicians need to go for ‘serious psychiatric treatment(s)’, as they all suffer from ‘all kinds’ of new varieties of emotional depressions of Schizrophenic nature;
  • It is a known fact either schizropherenic person kill you or commit suicide; but these politicians kind just kill you not commit suicides like farmers;
  • Politicians can be diagnosed as suffering from ‘politico- depressions- tending to ‘ virulous Schizoprenia’, a new type of viral disease;

Apropos your ‘dna’ 4th issue, on ‘70%  Corporators involved in illegal buildings’…’despite complaints from RTI activists and residents, civic body fails to take action. by Rahul M Tavde.

 

I agree with the report.

 

Problem is, no body understands what is a Democracy meant ‘by the people, for the people and to the people’

 

Three positions never mean nexus with each other is the essence of Democracy, that is obvious vital clear separation of powers.

 

Therefore three positions are Judiciary, Executive and Legislature.

 

In any Corporation, Corporators (law makers), Commissioners (Executive) and normal Judiciary not linked to the Corporation.

 

Therefore, all three always need to be  questioning each other vice versa, to work for the peoples protection in the corporation. So also in  the State, or the Nation.

 

But in the corporation both corporators and executive is in nexus ; NGOs fight the nexus by filing cases in the courts, as always Executive curry favors from the corporators, that way the police a part of corporation toes the line of the along with other fellow executives like commissioners and others, to hush up, that is what makes even the FIRs are just scuttled by police if one attempts to file.

 

That way in the British era when the police fails to take an FIR from pblic, the public can move directly to the judicial magistrate by filing a private complaint with the magistrate; under Cr.P.C , a procedure code.

 

But today judicial magistrates in most cases do not entertain the private complaints, that is obviously a very serious ‘felony’ one can move the High court under art 226 r/w 227 for writ mandamus to the Magistrates concerned.

 

Pity today all three in the Municipal corporation areas seems to be functioning in nexus is  obvious.

 

I can cite a case here, I sent private complaint on behalf of a client by way of private complaint u/s 125 of Cr.p.c. to the Panvel judicial Magistrate some time in a case of an ‘Khade’ community lady, in 2011 or so, but the court has not taken cognizance as her son had several times approached the court, none gave any proper response to him , he is one Khade, as the issue is connected to a policeman of Aurangabad where her husband, father of that police man, under  bigamy living, so nexus is obvious, when I told the boy khade son of the first wife he told me that his father with the help of the policeman son out of the bigamous lady would eliminate him or his mother, the fear psychosis is there in that family living near Panvel, i did not press further.

 

If I wanted i would have seen that magistrate is duly punished by the honorable high court  of Bombay;

 

The nexus is so much between the law makers, executive and some part of judiciary at lower levels, that way even the CM Fadnavis is trying to protect the faked caste certificate holders numbering about a lakh fellows functioning just only in Maharashtra , as so called public servants since 1976, per your dna report, which is an investigative report by a dna reporter.

 

Now Aurangabad bench stayed the CM committee  idea to regularize such faked caste certificated men in public service, i do not understand how Maharashtra civil service regulations protect those faked men ; so the court said better you pass a statute we may allow; but any one moving a writ under Art 14 r/w 226 r/w 227 obviously wpuld declare sch a statute ‘Ultra vires’ the constitution of india;

 

This position might clear a thought all three wings need to fight for their own rights but judiciary under the constitution is supreme over other two wings as the custodian,

 

Once the statute is declared ultra vires the constitution; naturally same old position on the faked caste fellows would dawn; obviously all those one lakh fellows need to be dismissed from service; they cannot move the high court or supreme court as their hands are tainted; so they cannot move any writs at all.

 

Here coming back, the honorable High Court of Bombay can suo motu take on the NMMC and the corporators can be arrested and investigated upon for their involved they could be convicted for felony and may be sent to jail under rigorous imprisonment nothing less than two years; they cannot contest as Corporator.

 

People as citizens need to question such men or women , citizens need not vote them that way election commission rightly provided a slot in the voting machine ..’none voted’..

 

people need to have guts to fight back vehemently;

 

see there is an article art 102(c) in the constitution, it says no reservation even under ‘economically weaker sections; when so how creamy layers or other backward could get  reservations, under fake statistics of Mondal commission. it is as good as your maharashtra faked caste certificated men since 1976 all over india; people need raise their voice;

 

If people do not raise their voice politicians would take the people for granted, that is the 68 years of experience of the great Indian Independence; yea Mahatma Gandhi warned on the eve of independence in 1947 itself.

 

thank you for your article on corporators to enlighten the public who read your dna as a local paper. keep up the tradition to fight back the politicians public would sport you, no police can attack you if they support wrong politicians who rob the people.

 

Dr. Guru Balakrishnan PhD ML

professor emeritus

kharghar sector 20, bhoomiraj complex, a/5, sandalwood

flat 104; ph 27740069