Every living human being equal in all aspects cannot be denied one’s fundamental rights is the basic thought based on Natural justice, following is reported

India is having clear secular constitution – obviously , what Mahatma Gandhi said is in tune with Gautham Buddha, that there is No caste as such but just imaginary ideas – as all men(people) are equal mentally and physically , as none without physique and some intelligence cannot even stand up and walk when so why we should work on imaginary ideas – castes only reflected work only – if we work on caste as something different we obviously divide and rule the people is truth and fact that aspect need to be argued in talaq case or caste cases – none can prove ‘talaq as some justified behavior of one gender over the other in a most arbitrary way , so true in the case of castes(work based ideas are relevant ) if not caste works against just human beings obviously against UN Human Rights convention , India is a signatory just being a committed to the fundamental rights enshrined in the constitution of india – (true media men may not appreciate but judges of eminence only can, so media just report if not well qualified in constitutional interpretation of articles , after all constitutional Articles are articulating on well considered doctrines of constitutions developed from time immemorial; so fact is you cannot divide one section of people with the other; but that was not followed so we divided India and Pakistan, that division is creating so many issues right from Kashmir issues on every other aspect issues, today you have Comander. Kulbhushan Jadhav -(who was just abducted by Pakistan, not in action between India and Pakistan – so he needs Consular Access as the Pak Army  denied and conducted trial is indeed ‘questionable  conduct of the Army court’, as it ‘failed ‘ to grant his rights as any citizen gets under Natural justice , without providing that relief if sentenced to death is obnoxious – India and Pakistan are members of UN , so when any fails to provide natural justice to any accused, obviously ‘arbitrary ) before ICJ, why neither India nor Pakistan could solve since last about 70 years that problem will continue as each will argue on untenable ideas, before the ICJ but just referring to Vienna war convention, that convention articles obviously applicable in the case spy issues, as there is no such convention so far developed ; but simply quoting like Devils quoting scriptures, that kind of arguments can never succeed – you have some Nikam some advocate talking on conventions when he is just some criminal lawyer nothing more nothing less (without any Malice but on Convention ideas ); so, Nikam’s ideas too represent some Devil quoting scriptures only; like that – in talaq issues some Msulana’s ideas is worked on but it is purely on shariat of Islam as quoted in Quoran, so Moulana’s practice like some Devil quoting scriptures; similarly in so called ‘caste cases’ some British divide and rue kind of laws perpetrated by the British PM Mr Ramsay MacDonald, nd some clauses of of Govt of india Act 1919 r/w 1935 Act (not approved by india in the Round table conferences but today caste protagonists reiterate what British tried the ‘divide and rule ‘ mechanism so these caste advocates are equal to the so called Devils quoting some scriptures (Devils do misuse or just omit vital points – (like a cardiac surgeon forgot about heart function but operates the patient on heart like , such surgeon is called a ‘Devil’), obviously what we do today is to obtain some personal advantages like VP singh on till date political parties did obviously misread very Constitution of lndia, as Indian Attorneys General, so far, except ‘Soli Sorabji’, did or do function in a ‘partisan’, (supporting their political masters), in a manner unlike American Attorneys General of USA or like USSC judges though before the attorneys were in political parties so too many judges before becoming judges once they assume the office of Judges they are obviously independent of politics, that way American Independence is surviving even today ; but i doubt whether India will survive if politics rule the mind , sorry for indians,

The question arises today in Calcutta High Court Judge Mr Karnan, when he is suspended by the Supreme court of India recently for his recalcitrant activities.

He simply claimed SCI judges are corrupt without adducing evidence  in clear manner per Indian Evidence Act. Obviously, the judge  Mr, Karnan  exceeded his powers; he out to know, as a judge, when any one complains on corruption on any, he ought to file an FIR with a police station or he can file a private complaint before a judicial magistrate having jurisdiction – the minimum rule of law,

If he failed at the first procedure under Cr.P.C, obviously he failed under Art 14 of the constitution of India,

Obviously, ‘Audi Alteram Partem’ rule  under Natural justice he failed, obviously commits Contempt of Courts Act 1971; being a judge, he has no exception any where in the Cr.P.C nor in Evidence Act nor in the Constitution of India, when he ‘fails’ , obviously he fails on the procedure – procedure if fully followed it any complaint stands on four legs.

Obviously, being a judge who failed in following the procedure, cannot claim sec 16 of the Contempts of Court Act, which provides exceptions for a judge of Court of Record – that is the High Court – but having absolutely failed, he cannot  claim that ‘immunity’ of a judge of a Court of record – the High Court – is obvious.

when he condemns the procedure of the Cr.P. C. he fails to be a judge worth to be trusted – he is some one like any politician kind manipulator – so obviously he need to be discharges of judge duties of any Court of Record, when he is not even fit to be a just a criminal magistrate is obvious,.

Rightly, the hon SCI, suspended him as the Judge of the Calcutta High Court, when suspended , he automatically loses the privilege of a judge of any court let alone hon court of record.

If suspension is to be meaningful, ‘suspension’ withdraws all privileges be he anybody.

So, Karnan exceeded his powers arbitrarily is proved beyond doubt, by his own various actions;

If you allow him to be a judge he would cause innumerable harm to petitioners in the court , so obviously, on ‘Suspension’ he loses the powers of a judge absolutely;

Above all once suspended, and on trial at hon SCI before seven members bench, he issues NBW to all seven judges of constitutional court with temerity knowing no bounds on him – suspension can be like a ‘bramastra’ by higher up judiciary, the hon SCI,

Further, he avoids the the hon. SCI arrest warrant under execution on him – he runs here and there and now seeks hon SCI to recall the Arrest warrant as if he is more superior to very constitutional court of the SCI.

Therefore, hon SCI collegium needs to be careful in recommending appointments to courts of record, if wrongly done not understanding the mental perversion levels of people even if well educated, but obviously education perverted is never any great education, is my considered view.

See, this man ought to appear as an ordinary man, not even as an advocate much less as a judge, once suspended; but he still asserts, that shows, he has been over playing his so called ‘Dalit ‘ Card, not realizing, any body can be a ‘dalit’ why slone this man being of some caste/tribe he might be – there is no restriction for any other community man to be a ‘Dalit’ if he understands what is Buddhism – it never restricted any to be a Buddhist ; Buddhism never recognizes any caste or tribes or communities what Mahatma Gandhi said that there shall be no castes or communities (it includes tribes of all kinds);

Obviously , One needs to understand when Dr.B.R . Ambedkar christened  SC/ST ,obviously , he meant ‘No caste or Community’ of what  Buddha announced – when so Art 17 used in  the Atrocities Act 1989 or earlier never, ever, described any one of SC or ST but all people is to be perceived, if to allow Atrocities Act, so Karnan alone is not the beneficiary of that Act – even the SCI judges too , so he as karnan misuses the Atrocities Act only in his favor to be its beneficiary can be interpreted too.

That way he proves beyond doubt he tries play words – with his own low knowledge of laws is obvious, is my considered opinion.  (ends)

 

 

 

 

 

 

 

 

 

 

 

If you compete with yourself, by comparing yourself with your yesterday personality, then  you can or may mark an ‘Advantage’ over you;

Then  ‘No corruption at all’ might exist!

By

Dr. Guru Balakrishnan B.A., Ph.D(Economics)., LL.B., LL.M (constitution and Contracts) etc

Professor (Emeritus);

Advocate of Bombay High Court (Original Side)

Cell: 9769699018:: LL.277400069: email: rapidanalysts@gmail.com

 

Introduction:

 

Kautilya (known as Chanakya) in 6th century BC innovated the idea of ‘competing with one’s own self’, as he found Mahapadmanandin .

 

a ‘Nanda dynasty’ Emperor Mahapadmanandin was  wasting and spending his lifetime in sexual orgies(like today’s politicians live on daily rapes and murders – (a 21st century phenomenon), but  safely and surely failed in the meaningful Administration of state of  Mahada (modern Bihar state ) at then having its capital city at Pataliputra (Modern Patna city), ‘never he listened to his own  Prime Minister – Rakshasa, a great advisor on state craft’, he tried to improve him but he could not that led to Nandin’s ignominous downfall, taken over by his own son , ‘Chandragupta Mouriya – of Mura community of then Bihar, thanks to strategic statecract planing by Kautilya , the author of Arthasastra ( modern day version of Economics – probably he the first book on Economics of any State;

 

Kautilya (‘Chanakya’ = ‘Smart (strategic thinker’) found, that Mahapadmana Nandin, had ‘a son’, with a ‘Chandalawoman’ -(lady),’ a (low ‘caste’ woman by birth);

 

and he abandoned that boy- then ‘Kautilya’ found an opportunity to do a dharma (rule of order); and took  care of him, in his aashram,  and adequately ‘well’  trained him,  in all  Martial Arts, relevant and suitable for a good King as such;

 

and also gave him appropriate  relevant ‘Administrative management  education skills’ to enable him to be a kingly virtuous boy, with the idea that he shall replace Nandin, at his prime age, as Kautilya found that the people of Magadh were severely suffering from all kinds of ‘indignities’ and  problems, as  their king Nandin, failed in his royal duties to the State assigned to him as a King;

 

after all then  ‘Kings are elected and made to ensure that the State is to be run on healthy lines;

and to ensure that  ‘all kinds of corruption’, is removed from the State, as early as possible,  being the Doctrine of sovereignty,

 

then that was ‘the idea of sovereignty prevalent in all those advanced civilizations’ right from Greece, Rome, why, even in ‘Mayan Civilization’ times on (say about 60,000 years ago from today) – why right from ‘Babylonean Civilization’ even followed in Indus valley Civilization in say 2000 B.C or so.

 

Fact is ‘Rome is not built in a day’ means, you need to build your own character on your own ‘self development mechanics’, as none can improve one’s own performance, –

 

just, by comparing with any other person;

 

meaning ‘Rome’ is ‘You’ only, you are yourself ‘such great city’ to be;

 

that way ‘you resemble like a  great city’, yourself, need to bulid yourself,

 

Never ever compare yourself with any other person; all comparisons are just odious;

 

however, great you are, or he is, is the ‘Doctrine of Invincibility’ of one’s own self’;

 

after all, you alone, –  being the  Master over yourself you  can masterly improve on yourself, by you initiating  better improvements, every day, by ‘self introspection’-  of what were you ‘yesterday’;

 

and what you want and how you want/wish to be ‘ treated’, as an ‘improved version of yourself’ today;

 

like that ‘every day’ yields for your own ‘improvement’, next day, to be, and to become tomorrows as ‘today’,everyday;

 

that way , ‘great thinkers like Upanishadic thinkers’ were made of, and accordingly ‘you need to move, ‘day in and day out’ everyday,  is the very fulcrum of what you will be today like ‘Rome’.

 

You need to know yourself very better everyday, that way Man realizes he is a ‘unique’ creation.

 

He is ‘so unique’, none can imitate him so too he cannot immitate others.

 

‘Idea of ‘imitation’ is just some ‘Hallucination’ of myopic perception,  taking place in your own ‘Mind’, day in and day out;

 

if you don’t understand this fact, naturally, you can never become ‘first class’ in anything;

but obviously you would be the ‘ abject’ ‘second class’ only

 

‘second’ means ‘you are not right  you’ to be the  ‘Unique person;’

 

Thus ‘you prove ‘time and again’ about your ‘falibility’ factor in you! ;

 

after all, ‘every move’ is by itself an ‘exploration’;

 

like ‘self-exploration’;

 

 

  • (like one scales Everest (like Tensing  Norkay, scaled the mount Everest then); or one who  found ‘South pole’ – ‘Ellis Rose’ (a Norwegian by his perseverence, every time he failed to scale South Pole – and he declared ‘Failure is sometimes greater than to Succeed’;

 

after all,  by ‘one’ (person) only can possibly  reach that,

 

‘Eminence ‘ or   ‘Pinacle’  –

 

You heard of Archer a King of Pandavas,   ‘Arjun’, who could only manage to succeed in a war based on  ‘Chakravyug’ that took place  in the Mahabharatha war;

 

– like one  in ‘Albert Einstin’ could find/discover the ‘Theory of Relativity’ ;

and like Madam Curie a twice Nobel laureate, (she did  get Nobel prize twice), as she was ‘first’ both times; so too her own daughter who too got a Nobel prize..in Physics;

 

If you are working ever till your end, why you will need ‘alms’ or why someone need give; if any gives he expects from you that expectation is corruption, depending upon degree of expectation.

 

How? Just because they did persevere to improve themselves by duly ‘sharpening their own intellect’, not by comparing with ‘any one’ – you could have noted if you observed them then.

 

Likewise  is sir C V Raman,  on the ‘Raman’seffect he could see in water itself! Millions of people use and see water how many could understand the very simple ‘water’; if you use a thing but fail to appreciate, naturally you are corrupt you need to know.

 

There are thousands of examples to quote.

‘None guides’; but you need to ‘self – guide’ yourself in the ‘art of living research’, so long as you live;  Possible if you work till you fall finally oneday for ever.

 

Purpose  of Sovereignty  is to ensure, there shall be No corruption of any kind in the State at all;

 

so for achieving that objective, people paid taxes and looked after the Sovereign, by ptoviding Military to protect the State from foreign aggression;

 

besides prime mnister with his cabinet to help the King to ensure  ‘Agriculture’ shall not suffer from any kind of disability;

 

like fresh water for irrigation and for drinking;

 

and to ensure the ‘rivers are properly’ tended and dredged year over years (YOY);

 

so that ‘no siltation takes place’, to ensure smoth flow of water for all necessaities of life;

 

as it was understood then,

 

‘Water is the Eixir of Life’ –

 

so, ‘for good water flow’, you needed good rains too;

 

so aforestation is taken up every now and then;

 

all kinds of vegetation is to survive, so that people get food at all times;

 

so that ‘None dies of starvation’, under any circumstances;

 

– in draughts, royal  free Choultries(Dharamsalas) at various locations are maintained;

 

free food and shelter is provided to people irrespective aliens too;

 

that means State shall ensure every one is provided for adequate shelter, food, and clothing, irrespective of caste, color, religion and the like;

 

All  prejudices are eshchewed  by one an all;

 

that way  ‘markets’ are also be maintained – where one can get all vital necessities down to luxuries of all kinds – that is the royal duty of the King,  

 

King cannot waste anything under any name, and he has to be  ‘duty bound’ to protect all ;

 

poor, needy, old, and disabled;

 

he shall never allow any ‘untimely’ deaths;

 

as life is considered ‘most sacred’ to be protected by the King as ‘his prime duty’.

 

King is one loved by one and all right from child to the old and disabled, besides aliens visiting the state –

 

state shall be be the ‘granary of the people’;

 

besides, he ensured that there shall be ‘No thefts, No  robberies or  rapes and so on;

 

that is, also the responsibility of the state;

 

that way  he ensued  None would attempt to steal anything that way :

 

‘No house is locked, there was No concept of locking doors of the entrance of the house of any level; even palaces and temples never locked.

 

State has to be ‘stately’ in all respects that was the responsibilty of the King ‘in ancient india’, why in countries like Greece, Persia, Egypt, Rome and the like,.

 

The duties of the king was ‘well defined unlike today’.

 

Today corruption of all kinds rampant.

 

Kautilya wanted that famed situation of state need to resurrect once again, as Nandins became corrupt of all kinds.

 

That way, Kautilya, also wanted ‘good hospitals’ be kept in good andd proper repair;

 

and maintenance with all kinds of good medical men and women;

 

besides, all kinds of ‘research’ activities undertaken in every useful sciences, as a basic state duty’

 

State provided funds needed enough for sciences and development in  – ‘every branch of useful  sciences or knowlege’;

 

Murders or Killings are  very rare then ;

 

every child when grown up need to take care of their parents

 

– as ‘Parents are then consaidered as the ‘ first living Gods to children.’

 

so parents were veneraated by one and all;

 

Even Kings used to repectfully bow before all  ‘aged persons’, out of veneration and great respect of their age and experience.

 

That way, life was safe and secure if there was a king, that way that character of Kningliness and royalty would be found in the progeny of the Kings;

 

that way ‘Kings Dynasties came into being and Nurtured;

 

after all ,every King would put himself at all kinds  ‘risk’;

 

nnd he would dutifully look after all the citizens.  

 

(Part 1 ends)

(To be continues)
************************

OLDAGE & DISABLED HOMES IN ALL LOCATIONS AND THE RELEVANCE OF  CORPORATE SOCIAL RESPONSIBILITY !

 

–  WHY NEEDED IN GROWING ECONOMIES?

WHY  GOVERNMENTS  NEED  TO DEVELOP MINISTRIES of OLDAGE & DISABLED CARE, IN ALL ECONOMIES?

 

By  Professor (Emeritus) Dr,Guru Balakrishnan,Ph.D (Economics)

 

 

Introduction:

 

Today World faces very important human problems. Also a lot of potential educated work force retire every year and join ‘retired persons’ groups all over the world – means ‘Knowlegeable persons’ go out of ‘work forces’ in every country, as we don’t have ‘Work till Death’, like in Japan, under socalled’job for tthe youth – forgetting ‘Experienced workforce’ is going out of use all over the world every year in bulk, but every day slowly under ‘retirements’ or ‘Voluntary retirements’ and then under ‘Compulsdory retirements’ –

 

– IS IT NOT A GREAT ‘BRAIN DRAIN FOR THE ECONOMIES OF THE WORLD, as MOST RETIREES GO OUT OF WORKING WORLD UNDER ‘SPURIOUS CLAIM SO CALLED ‘RETIREMENTS OR UNDER ‘PHYSICAL  DISABLED CATEGORIES? ARE WE NOT ‘IDLING THE USEFUL WORKFORCES UNDER SPURIOS IDEA OF “RETIREMENTS? HOW MANY MILLIONS OF HANDS GO OUT OF WORK, DUE UNIMAGINATIVE ‘GOVERNANCE” BY GOVERNMENTS?

 

We  know these- ‘old ageds and disableds’ are ideed full CITIZENS’ exercise citizenship rights of voting  the representatives in a common pool as a common pool, while these persons rights are not properly serviced by  the Governments worth the name?

 

It means, Old people and ‘physically diaabled’ vote you for what?

 

Is it for  ‘Just not to use  their talents, and to ‘kill them ‘ without basic needs and necessities of life and living till they move to RIP – rest in peace position’?

 

Obviously, ‘Democracy’ is for all old, young alike, all need to be looked after, as they are equally potential population, may not look for developing more children of their own, but they can contribute to the over all development of all, that is called ‘Natural Justice’, that one needs ti read in the Article 14 of the Constitution of India; this Article assures ‘equality ‘ to all, you can’t deny one set of people  is called  the doctrine of ‘Democratic Fundamentalism’.

 

Problem is Nobel economists forgot about all oldmen , as if,’they never become old or disabled’!

 

That led to  the ‘Worst disadvantageous Ommission’ of great potentially  experienced workforce to the very disadvantage of the World Economy as such,after all ‘Every learning’ is called ‘imortal knowledge’ base – like that Agriculture still survives, in all kinds of technological developments, for technology can never swallow the basic knowledge of ‘Agriculture’ for that matter any ‘Knowledge’ called ‘gjyana’, in the ‘ancient lore’..

 

Oldage:

 

In fact , ‘Oldage’ is a most misunderstood, ‘word’.

 

Politicians profusely use that word for their own oersonal advantage; but in the case of normal citizens, they conveniently forget – when question of ‘votes’ are needed, the very same politician takes the very old man or the ‘disabled’ by wheel chairs or any such kinds of modes, ‘to vote the politicians to power’; but if the need of oldmen is thought these very politicians conveniently forget; that is the worst ‘Paradigm’;

 

Another problem, most oldmen ‘wrongly think’, they need to stand  out of the road of necessities, just to help the young to get all, in fact ‘oldmen’ must clamour for their rights too , if not they would be relegated to ‘zero’ – by politicians, by corporates too and the governments – you know ‘ oly the crying child gets mother’s attention to feed the crying child’, else your own Mother may not attendon you.

 

In agriculture, all old and young why even ‘disabled’ hands cooperate to till the soils and to harvest the grains; when so , is it not obvious,    ‘Oldmen’ and ‘disabled’ contribute that way all earn one’s own food, clothing and shelter; when so what prevents in industrial employments, the ‘Old’ and ‘disabled’ is to be used like in farms!

 

Which old and disabled gave you politicians the  ‘so called authority’ to omit the ‘old’ and ‘disabled’ under so called ‘retirement’ paradigm, without adequate protection to ‘retirees’;

 

‘Retirees’ doesn’t mean only government servants, as no government provides jobs to all in government, but make the people fend their own lives, when disabled; ‘how they will’, unless they are gainfully used by  the very governance mechanism – call it government, industry, or anything?

 

None shall have authority ‘to retire’ one if his food , shelter and clothing are not guaranteed,  that way democracy need to be assured;  else there is no demcracy at all.

 

Till death ne needs food, shelter and roof, else there can be the Art 21 is in force, life by nature per se need to have food, shelter and clothing in any reasonable civilization.

 

No one can take away one’s food, shelter and roof; what use is sec 125 of cr P C , its purpose is that food, shelter and roof to oldage parents, why the government cannot assure if there is governance at all, what use is to force a son, or daughter when he or she cannot fend himself or herself?

 

The government cannot avoid its primary responsibility to every citizen, simply passing some blessed Act or a statute; statute without any sensible principle is an empty assurance, how do you expect that there is a government at all, when it fails in its primary obligation to life and living of man that way humanitarianism surfaced with a sense of balance.

 

Your government is to be very  insurance  to you, to assure you of food, shelter and clothing; i am not referring the insurance companies; after all once you paid taxes of any kind to the government, obviously it is the very duty under Art 51A of the Part IVA  of your constitution of India as ar as India is concerned; so similarly any government any where on earth; religion, caste do not mean anything, it is only ‘humanity’ that is vital.

 

What use of parliament Or legislatures or judiciary?

 

Parliament’s primary duty is to ensure to every citizen food, shelter and clothing meaningfully, else why do you need these istitutions under  constitution, if  not caring people in their primary life and living – simply calling ‘fundamental rights, directive principles, and fundamental duties, if other Articles under the constitution are not accountable to the primary decent life and  living?

 

‘Again, none seeks  let the government provide things just  ‘free’ like that like under so called ‘caste based reservaions’ or reservations under ‘creamy layer’ or even so called SC/ST reservations, after all all humans first are humans sans all these classifications.

 

Every old person is an epitome of ‘Experience’ in ‘one walk of life or the other’; he or she living so long, with a very  long working life, he or she contributed his or her mite for the lifeand living of all fellow citizens, without any expectation, but some  income provided either by way of ‘wages’.

 

‘Wages’ mean under the law of labor, after L.Chandrakumar constitution bench it confirmed ‘pension ‘ itself as some property, – iffor the governnent servant ‘pension’ is a property why same law (judge made law) did not see its applicability in the case of others who aren’t government employees.

 

In fact those who are not government servants including agriculturists  ought to be protected by the government of the day per force, by extending meaning meaningful subsistance allowances; it is the duty of the state to look after every citizens’ wellbeing, more so tat of the old aged and disabled, f one properly interprets the constitution of india meaningfully; else constitutions is hijacked by the politicians which is not questioned by judiciary –

 

’Why judiciary not questioning on the agriculturisyts suicides, when these agriculturists die or commit suicides for want of fresh water- judiciary could question the government as to why the governments dd not ‘desalinate’ sea salt water – new technology is just remove 10% salt of the sea water then it can be recycled- why still the governments simply fight on useless batteles of river water when rivers are depleted for one reason or the  other?

 

Obviously the separation of powers is just failing in India, for what they have to do for common man. Judiciary ought to self search where it is faling?, if not what a poor common man could do. When he handed his powers in a platter to these ‘institutions’.

 

Governments today are run by crorepathi law makers – in fact crorepathis ought to be removed from being law makers by Election Commission i wonder why it passively looking at them?

If corruption is to be removed , Modi said his DeMo would do? What he is doing in Goa or in Manipur elections? Jst bribes profusely is accused by the congress party. If that claim by congress is true what worth is Modi and the BJP or RSS to the citizens of India, one needs to think.

 

If that is true Modi is a ‘faker’ , so too all poitical parties to the poor citizens of India, will be the poor oldmen’s as also other’s conclusions on indian political democracy.

 

Corporate Social Responsibility?

 

Under this ‘CSR’ head, several corporate take tax benefits, when so why can’t these corporate start ‘Oldage and disabled hospitalities’ in their campusses or adopt certain villages and float hspitalities there where these ‘oldpeople ‘ and ‘disabled’ may be harbored wit free board and and lodge of reasonable conveniences; that expenditure can be debited under tax exemption schemes the corporate could get and yet help the ‘hapless’ poor oldmen and disabled to live their balance lives, by allowing them to use their skills as their ‘useful vocations’ which could help the economy to move a better way as every hand help is a great help like ‘every drop of water can be an ocean’ ?

 

Besides, if the talents iof the old  by way of their experiences could be a great eye opener for the corporate workers or employees under training and development processes, that way even the Corporate like Infosys,Wipro, Cisco, TCS, Telco,Reliance etc can eveb pay some ‘reasonable remunerations’ to the oldaged or disabled persons to help them to buy their ‘day to day clothing’ and the like, like that these ‘oldaged and disabled’ would contribute to economy is it not? (ends)

Political movements since Autumn 1927(-1938) – Round Table conferences – and Sir John Simon to review the Government of India Act  1919, leading to the Government of India Act  of 1935, ( From recorded historical archives available) –

Professor Emeritus Dr Guru Balakrishnan, (on Constitutional histoty of India)

 

No Indian was associated with  with Sir John Simon Commission sent by British Government in England in 1927, – that erupted ‘Black flag demonstrations’; ‘Mobs shouted, full throat – ‘Simon go back’.

 

Muslim League also resolved and boycotted the Commission’ deliberations –

Also Indian National Congress joined with Muslim League.

 

The Simon Commission visited India of British Government  ‘to Review  the Working of  the Government of India Act 1919;

 

When Commission landed,  ‘in many places, the British Police had forcibly to disperse ‘mobs’; at one  such ‘melee’ in Lahore, Lala Lajpat Rai  was injured. It was popularly  believed  that the ‘Lala ‘ had been  ‘assaulted’, by inspector Saunders of Punjab Police.

 

Later Saunders was shot dead. Thre young men -Bhagat Singh, Raj Guru, and Sukhdev , were convicted,  of the murder  and Executed on March 29, 1931.

 

Bhagat Singh  became the ‘Most famous Hero’ of all terrorists, in the annals of Indian Revolutionary History, Mahatma Gandhi wrote, ‘there has never been, within the living memory, so much ‘romance round any life, as has surrounded  any life , that of Bhagat Singh’.

 

 

Punjab Legislative Council nominated a committee  under chairmanship of Sikandar Hayat Khan   with ‘Ujjal Singh as Secretary ( an Arora  of Shapur district – owned large estates in Multan district); he was elected  to Punjab Legislative Council in 1926, was a ‘finance minister’ in Sachar government, and remained  in the ‘hub of ‘Sikh politics’ till 1955. He was also nominated as Governor of the Punjab, thereafter.

 

Ujjal Singh  was the secretary to Punjab Legislative Council, under chairmanship of Sikhandar Hayat Khan furnished ‘evidence’* to the Simon Commission that came to review the working of Government of India Act of 1919) ;

 

*‘A memorandum of Sikh representation, was presented to the Simon Commission, ( signatories – Shivdev  Singh Oberoi (president of of Chief Khalsa Diwan – , and a member of States; Harbans Singh Attari, secretary of Chief Khalsa Diwan), Raghbir Singh Sandhawalia, Sunder Singh Majithia,  and Mohan Singh Rais of Rawalpindi’.          

 

**submitted a report of evidence to the commission – it reads:

 

‘While  ‘anxious’ to maintain  their individuality, as a ‘separate community the Sikhs are always  ready  to cooperate  with

their sister communities for the development of a United Nation.

 

They would, therefore,  be first, to welcome a ‘Declaration that:

 

‘No considerations of castes and religion shall affect  the matter of organization of a ‘National Government’,in the country’.

They  are prepared to ‘stand  on Merit alone’;

provided they , in common with others, are permitted  to grow  ‘unhampered by any impediments’,- in the way  of Reservations for ‘any’ community’; (ibid).

 

If however, ‘separate  representation was to continue, the memorandum  demanded  that  in the Punjab  Legislative communal proportions should be fixed as follows :  40% Muslim,  30% Hindu 30% Sikh.’

 

‘Claim was made for  Sikh representation  in Sindh (if it was to made  into a separate province) , Delhi,, and NWFP.’

 

  • while, the commission  was at work, the Indian National Congress (INC)   tried once more  (as in 1916) to present   the  British Government,  with a ‘Draft Constitution’  ageeable  to Indians .

 

In February, 1928, , it called a conference,  of members of  all important political parties , ‘to consider  and determine  the’principles of  the constitution  for India’, .

 

The ‘major moving spirit’,  behind the conference was Mr. Motilal Nehru himself duly  assisted by Mr. Jawaharlal Nehru  as his Secretary –

 

Slkhs were represented  by Mangal Singh Gill .

 

Nehru report recommended, –  “the ‘abolition of separate electorates”; but ‘agreed  to reservation of seats’  for Muslims, at the center, and in the provinces. ‘- In which they (Muslims) were a minority’; the only other people to whom, ‘this concession’ was recommended  were ‘non – Muslims on NWFP.

 

Mangal Singh  did not ‘press’ for ‘special rights’ for his community  in his home state or at the centre.

 

(‘The committee met  for over two months. At first,  Mangal Singh, insisted, that, if the Muslims were given ‘separate rights’ , the Sikhs would ask (insist) for 1/3rd representation  in the Punjab  and 5% at the centre (union government).

 

And, ‘if weightage was abolished , he would accept representation,  ‘on the basis of, ‘of population’, with the right to contest  other seats.

 

The final  decision to ‘give up’  all ‘communal representation’ was taken  under the ‘inspiration of Dr. Ansari. ( Mangal was interviewed by Kushwant Singh Gill ).

 

Indeed, ‘The Nehru report’  was an impressive   exercise in political bargaining.

 

Muslims took scant notice of it;  and Sikhs rejected the report.

 

One group  led by Baba Kharak Singh was so angered  by Nehru report  that it severed its connection with Indian National Congress.

 

Others led by Master Tara Singh  though equally emphatic in their rejection of the proposals  but decided to continue their links with  Congress;  and so remained, in the mainstream of National politics.

 

Nehru report  went into the National Archives of Congress Party . (yet it is ‘vibrant’.)

 

[ (Mr. VP Singh ‘clever’ idea of ‘caste politics’, obviously  cannot surface; but it surfaced, just because after Nehrus he was after all wanted to show his face, as some ‘or’ else, (like Dr.B.R. Ambedkar who played in Poona Pact with Gandhiji, for ‘Dalits’;) his untenable ‘caste idea’ would have been buried like Nehru Report in Archives too.

 

He tried to revitalize the Mandal reports(full of make believe statistics relied) after PM Mr. Morarji Bhai’ shelved the Mandal Report when it is already over, by his covert methods of misusing the ‘most  reliable caste report statistics ’- ( Mondal managed to create, (perhaps covertly) though Morarji Bhai correctly shelved that most useless report, it again showed up; ‘none ever questioned’ but caste mongers  perpetuated, is a hard fact, one can never forgive – that led to ‘creamy layer’ idea when very poor brothers of the castes still suffer without any jobs or some meaningful income in the ever growing most unreliable economy, where day by day every commodity price zooms thanks to successive governments even today in the so called “Modiraj’ now; (people are followed time and again – people groaning under price pressure on essential commodities).]

 

Purposely, the ‘Devious’ ‘Simon  Commission’ was still then drafting  its ‘proposals’,when Lord Irwin  announced that  ‘in a conference of Representatives’ (specifically to defraud Indians) by the British India which wanted to keep Indians ever ‘divided’; and the conference for the Indian States would be convened in London to discuss  the question  of granting ‘Dominion Status  to Indians.

 

(part I)(two parts article)

Indian National Congress  asked for  a ‘Declaration – the conference would frame a  Constitution for India.; and not merely discuss , ‘when  or how? It was to be granted. But objective of conservative government under MacDonald to divide Indians in one way or the other,essentially.

 

No such ‘Declaration’, was forthcoming., then.

 

Congress decided to abstain from the conference deliberations, and its various sessions in  December 1929, at Lahore session (now in Pakistan) passed a ‘Resolution’ in favour of complete ‘Independence’ for India;

 

Political opinion  in England  hardened  against ‘Nationalists’-(after all  suddenly losing grip on India would be a very costly venture for England, besides disastrous for british revenue generation from India)

 

March 1930 saw the ‘Simon Commission’ made its Report (after Mahatma Gandhi  launched a campaign  to break  the law by getting into manufacture of ‘Salt’, which was government’s monopoly.

 

Gandhi and most others in National leadership were imprisoned.

 

Thus the situation led to ‘ the most important Indian Political party  was unrepresented at the Conference held at London.)

 

Report proposed  a ‘federal constitution’ with bicameral legislatures at the centre (Union government);

and autonomy is granted for the ‘constituent  provinces’ and the ‘princely states’;

 

The recommendations   were ‘by far’ a step forward in regard to the Provinces; and  where ‘Dyarchy’ was abolished,  and they became  obviously independent masters of their own homes; like – a  great beginnng of ‘Divide and Rule’ idea seed planted.

 

The said report  did not recommend ‘wider powers’ for central government.

 

It gave a certain measure of ‘reassurance’ to the Sikhs:

 

‘ they felt, ‘it would be ‘unfair’ for Mohameddans should retain  the ‘considerable weightage’  they ‘now enjoy’ (then too) in the  then six provinces; and that  they  should at the same time  be imposed;, in the face of  Hindu and Sikh  staunch opposition (for such concession),- ‘ a definite  ‘Muslim majority’  in the Punjab  and in Bengal’, unalterable by any appeal  to the electorate (Simon Report , Indian /statutory Commission Report.II, 71.)

 

Recommendations obviously disappointed  ‘progressive opinion’ , both in India and in England;

 

By September , the Viceroy  issued invitations’  to 66 Indians (50 from British India and 16 from the States to proceed to London  to ‘deliberate’  on ‘the Recommendations’ found in the report;

 

Two Sikh invitees  (in addition  Bhupendra Singh of Patiala, who was invited as he was ‘the Chancellor’ of  Chamber of Princess).

 

Sampuran  Sibgh  and UjjalSingh were also invitees.

 

The ‘Akalis’ (supposed to be some ‘Immortal men’ ) , the party  that really  mattered, consisted largely of ‘jathedars’ ; ‘incable of grasping’ nicities  of constitutional practice;

Akhalis  tacitly aquiciesied  in the selection.

 

First Round Table Conference:

 

British Prime Minister Ramsay MacDonald in 1930 November his first ‘sinister motive to cause’- ‘divide and rule India’  surfaced by then obvious.

 

He outlined Simon  scheme  for a Federal India  – it provided a ‘divided – rule ‘ mechanism – one Federal and Provincial and Princely states – some kind of two independent entities;

 

Princes not led by Bhupendra  Singh of Patiala, expressed willingness to join Federation.

 

What is the biggest hurdle?

 

It was ‘communal representation’.

 

Sikh delegates agreed  to ‘joint  electorates’ with ‘reservation of seats for minorities’; but they strongly  opposed ‘communal majorities based on separate electorates’.(Sikhs demands were tabulated in 17 demands then)

 

[(what is the present J&K problem, based on separate electorates – POK, J&K),

 

(indeed Prices had a wide range thought – then too – see nothing is settling like a

 

‘square peg would not go in round hole’ –

 

hence we have today, 70 yrs war like skirmishes in  the J&K, several lost their lives;

 

Princes ‘never wanted people to die’, that to happen then, too, appears; Princess seem more intelligent than our today’s great  MPs of MLAs !) ]

 

Muslims  were unwilling  to accept  ‘joint electorates’, on any terms’, ;

 

‘Separate electorates’  won  the day – not only because for Muslims, but also for Sikhs, Indian christians, Anglo-Indians, and other ‘untouchables’    – a ploy played by Mr Ramsay MacDonald under the Simon report!

 

[First round table  achieved  more than  either the British Government,  or the Participants had  anticipated. Highly doubtful. Neither did. Even now after independence we did practically ‘Nothing’; after all we are just doing some very slow, a quality of democracy that is okay, if we want democracy has to perpetuate – after all Citizens level knowledge is yet to grow say even about ‘one century is over’ from ourselves getting Independence, since 1947].

 

This encouraged Lord Irwin  to extend  the hand  of ‘friendship’  to the Mahatma, being basically a man with a good heart had the occasion of Lord Irwin landed thanks to good time for Indians..In every century, every experience, our experience still is wanting in ‘Experience’ and yet we need to expect to have ‘Experience’ always.

 

On March 5, 1931,they  signed a ‘Gandhi -Irvin Pact’ WHEREBY  Nationalists  were released from goal , the ‘passive  resistance’  movement  was called off.

 

Mahatma accepted an invitation  for the Second Round Table conference;

 

He was the sole representative from Indian National Congress, accepted Invitation  to go to London for the Second R.T conference. The delehgates to the first  Round Table  were re-invited;

 

Second Round Table :

 

This met at ‘Adverse circumstances’. The Progressive  labour government   had been defeated in the elections; Mr Ramsay  MacDonald  now presided over a coalition, largely ‘conservative’.

 

Wedgewood Benn  had been replaced by ‘ reactionary ‘Samel Hoare’ as Secretary of State; and , at, home,  the gentle  Irwin had been succeeded  by the  blimpian Willington, as Viceroy.

 

 

 

The conference  bogged  down  on the question of ‘Communal Representation’(a very painful issue).

 

Mahatmaji  tried  to ‘resolve’  the issue by ‘private meetings with other delegates as also British officials – No success at all . His efforts proved abhortive because Mr Jinnah  outright ‘rejected’  to give up  ‘Separate Electorates’ (a very big bone of contention in later years too, that changed the couse of history for partition of India)

 

On behalf of Sikhs , Ujjal  Singh reiterated  their talks’ outside the conference  hall.

offer to accept ‘Joint Electorates’;

 

But,Ujjal Singh added, if ‘separate representation’ was conceded to any community, particularly Muslims, , the Sikhs  ‘would insist’ on getting  it  as well ( a condition precedent he has put before the conference, after all any concession is given to one others too shall have is his principle, else not needed to every one!);

 

He further added, ‘“Unless, the Communal Question’,which in the Punjab means  the ‘Muslim-Sikh Question’ is settled, it is not  possible  for the Sikhs  to commit themselves to the ‘federal scheme’  in which the Punjab  would  be an ‘autonomous body (province) (Second round table conference, Minorities Committee,I,89)’;

 

Ujjal Singh and Sampuran Singh  demnanded  for the Sikhs 30%  representation (In Bihar and Orissa , the Muslims constituted 11% of the population, had a representation of 25%, i.e 150% weightage; in the UP they had 14.8% (30% weightage given) i.e 100% weightage; in the Central Provinces (CP  they had 4.4% of population (hadc15% representation, ie., 250% weightage. Anglo indians  with .02% population of the Punjab(had 4000% weightage), . The Europeans  had even greater weightage) (read census then)

 

   And 5%  at the centre , with at least one Sikh member in the Central cabinet.

 

Ujjal Singh  presented an alternative a scheme  for territorial adjustment of the Punjab.

 

He proposed,  that Rawalpindi  and Multan Division  (excepting  the districts of Layallpur, and Montgomery) should be  separated  from the Punjab  and attached to the NWFP , that would be ‘communal proportions’   in the
Punjab  43.3% Muslims, 42.3% Hindu, and 14.4% Sikhs.

 

In this Punjab,, the Sikhs, wouldn’t ask for any weightage; and would ask for  it (territorial adjustment) in the NWFP and sindh if the ‘Muslims received  ‘it’ in other provinces;

This ‘eminently’  sensible’ and constructive  proposal received  little attention (‘details see the Second Round Table  conference, Minorities  committee, iii , pp1435-37) and consideration from the conference and ‘was rejected’, along with a similar , but from the Slkh  point of view, less satisfactory – proposal was  by AWG. Corbett, to ‘detach’   Ambala  division from the Punjab and join  it to the United Provinces.

 

In the absence, of  agreement amomg the ‘delegates’(everything depended on delegates), Ramsay MacDonald assumed the right,   to adjudicate on joint  verses separate  representation.

 

Second Rund Table indeed a dsmal failure.

 

Many leaders were arrested InIndia when Mahatmaji landed from London.

 

There in India was the Red short movement in NWFP; terrorists  had renewed their activities Willingdon ‘promptly clamped’   Mahatamaji as he too protested.

 

On April 16, 1932 MacDonald  made his award on ‘communal representation’; separate electorates given to mnorities Sikhs, Christians,  Muslims,aswell as ‘untouchables’ (this was later withdrawn  in ‘Poona Pact’ by Dr BA Ambedkar with Mahatma Gandhi,THE UNTOUCHABLES WERE GIVEN  HEAVY WEIGHTAGE in Mixed Hindu Seats’ (obviously unfair, but pressre worked on Mahatma Gandhi by by Dr.B.A Ambedkar).

 

Muslims got 33.⅓ %age weightage  in the centre  and 86  out of 175 seats in Punjab. Sikhs too got  weightage  but NOT in same proportion, as follows:

 

33 of 175 seats in Punjab Assembly;

3 of 50 in NWFP;

6 of 250 in Federal  Legislative Assembly;

4 of 150  in Council of States;

 

Sikhs got nothing  in United Provinces and Sindh; wherein it is said Sikhs were in by then ‘sizable numbers’.

 

Award was a bitter blow to the Sikhs. It gave Muslims  a permanent  ‘communal majority’.

 

(That Award (an eye sore) even today jolts BJP men against Muslims, when Congressmen talk on Secularism, if secularism why you need to give that Award by MacDonald then why we need to follow is the question RSS and BJP time and again raise.)

 

Remarks: (observations by author)

The other day, in the UP elections , BJP never gave tickets to Muslims but yet got 322 seats of 403 seats it netted;

 

BJP Amit Shah or Ravi Shankar Prasad say, ‘today we are concerned with over all development and jobs generation , no more castes or religions based perceptions

 

obviously ‘ caste and religion have  got the backseat, to be ‘edged out’ sooner than expected’

 

if BJP winning spree goes on in 2019 election is the great message one needs to know  –

 

-‘even Indian National Congress of Mahatma Gandhi times never liked MacDonald’s Award, but Jinnah forced for it  that made Jawaharlal accepting partition is better than granting ‘communal representation’ as such;

 

that way Government of India Act of 1935 was questioned by Indians, that is, it showed obviously MacDonald’s Award did, (a mischivous activity) in the absence of settlement by all concerned shareholders of the independent India,  

 

However, after ‘most painful’ Partition of  India in 1947, we drafted the Constitution of India, predominated by Dr. BR Ambedkar, and his speeches in the Constitutional Assembly, tillted in favor of so many clauses of the Government of India Act 1935.

 

Now all the governments feel the  ‘hard pinch of’  ‘caste politics’ and the very parties themselves day by day move to rectfy that means same situation that prevailed during Ramsay MacDonald’s Award was rejected by Indians is very obvious; after all None can withstand too much inroads on ‘Equality’ that cannot be over played by so called ‘Equity ‘ idea  touted under vert Art 14 of the constitution of India.

 

The Constitutional Courts have to pull u their socks while interpreting the Constitutional tenets, Part III, Part IV, Part IVA of the Constitution.

 

It is disturbing that could destabilize, that could mean even declaring several constitutional amendments as ‘ultra vires’ like the sch IX which was duly censored (declared ‘ultra vires’) in 2007 only, in the Constitutional bench in the Coelho v State of TN  headed by then CJI Mr. Y.K Sabharwal.

 

Now we, Judge Karnan of Calcutta High court misbehavior on very judiciary principles, as even, well-to-do today the Dalitmen think they can seek relief under ‘Atrocities Act, a far fetched thinking today, as all such things sooner or later might badly affect the “non creamy layer poor persons” of same set of communities;

 

after all citizens would not tolerate ‘creamy layers’ misusing concessions of reservarions ideas;

 

The Third Round Table was called to consider  the ‘Reports’ of the committees that were deliberating  during  the previous months then in 1932s.

 

Only 46 Indians  were invited. Sikh nominee Master Tara Singh of Ferozpur protested against provincial Autonomy underpermanent and dominant  Muslim majority in thepunjab. (in that way  only toda’s UP elections just not inducted any Muslims as MLAsin UP elections by the BJP, one needs to note.

Animosity is increasing againt Muslims as a religion here in India – ‘any over playing’ (if not properly mended) will have its own deleterious influences and results as is to be seen today).

 

Tara Singh supported safeguards  that would provide, such measures affect  minorities should not be passed without the consentbof 3/5ths  of the community concerned  –

 

( it is like ‘creamy layer’ issues cannot be passed without the concent of the 3/5th of poor very same castes persons, as they are equally important before allowing ‘creamy layers’ to perpetuate concessions.)

 

 

  • And be subject to  the ‘Veto’  of the Governor (then);

 

 

He pleaded for weightage in services, a 5%  representation, in the Federal Legislature, and Sikh representation  inthe Sindh (third round table conference, pp.99-100)

 

Results of the conferencewere published in the form of a White

Paper’ in March 1933;

 

A joint committee of the two Houses of the Btitish Parliament  was set up  under Lord Linlithgow (later viceroy of India)  to work  out the details of the future administration of India*,  

 

(*some Indians were invited  to collaborate with the committee‘s deliberations.   The Sikhs  were represented  by Buta Singh Virk  a lawyer of Shikarpura ,, who was a member of thePunjab Legislative Council.0     

 

On August 4 , 1935, the Governent of India Act of 1935 received the royal assent.

 

It provided, for the Federation of  Indian Provinces,  and Princely States with two houses of parliament in the centre  – Central Legislative Assembly, and Council  of States , Six  of the larger provinces,  were to have  two legislatures oftheir own.

 

Rest including the Punjab were to have, only one.

 

About 11.5%  of the populatiion was enfranchised; gob=ving 30 millions  the right to vote.

Provinces were msde Masters in their own homes (subject to  the reservation of special powers of intervention by Governors)

The central government   remained  as before underthe control of the governor general .

 

Dyarchy was reintroduced in the centre;

 

Subjects like defence,  and foreign affairs were reserved  and  so,  the prerogative of the  governor  general.

 

INC rejected the Governent of india Act 1935 because of the powers of ‘intervention’  given to governors in the provinces.

 

Itresolved to capture  the ‘power’ and then destroy  the Constitution.

 

The Muslim league  followed suit. But reserved the right  to try out  the ‘provincial  scheme’ for ‘whatever it is worth’; or ‘what it was worth it’;

 

Princes who had shown alacrity in accepting  federation;

‘developed cold feet’ when they realized , ‘it would mean  surrendering  of their  ‘sovereignty’.

 

Sikh political parties  had already condemned the ‘Communal award’; they added  their voice  to the chorus  of denunciation. Then Govt of India Act 1935 was a still born child then.

 

In 1936-37, forst elections were held; Sikhs  had a choice  of backing of Congress or the Unionists. Congress predominantly  anti-sikh Arya samajists led by swami Dayananda; Unionists , despite they championed agriculturists, they had ‘Mussalman Jats’ more rather less sikh agriculturists and Hindu Jats – Sikh and Hindu agriculturists were just second to Mussalman Jats.

 

They could have formed alliances with one  or other political parties;  but none  of the leaders  had the foresight  or the following  to do so ;

 

Instead they did split their forces into the Akali group Khalsa National Party; both of minor importance  in provincial matters, and  of none whatsoever on the national scene;

 

In all provinces, except Bengal, Sindh, and the Punjab,  it got a bare 10%  of vote;

 

Out  of 175 seats, the Unionists won 96 and the Khalsa  won 15-20 seats (some members constatly changed their allegiance); rest were  communists, and independents.

 

Sikander Hayat Khan  chose his three of  his muslim cabinet colleagues , twoo hindus,  and one Sikh ( Surinder Singh Majithia).

 

The rural Jat  bias was in evidence as before, of six ministers  only one  of the hindus  was an urban agriculturist .

 

The Unionist Ministry  did not have an easy time.  Rumours of impending war  wih Hitlerite  Germany  and the increased  tempo of  the nationalist  movement indicated a change  in the political barometer.

 

People  knew  India  would soon  be free.But who would  be masters of the  Punjab – the Muslims or the Sikhs.

 

(uncertainty indeed   breed suspicion and hate; occassionally ‘hate’  exploded  into violence. The most  serious  example  of this,  in 1938 over the possession of  ‘Shahidgan’) -martys market  (the notorious  ‘nakhas’ referred  to in volume  I – claimed by Muslims  to be a Mosque by the Sikhs to be in the Gurudwara.

 

The Sikhs won  their case  in the high court ; but  not before  many Muslims had been  ‘shot’,  by the police and a few thousand  imprisoned  for ‘defying the law’.)

( Part II – ends).

*******

f any one wants to write a will may get his will written f=by me for any one anywhere, he can pay what he likes to pay to my bank account that details can be given if he or she contact me on my email shown on the very post

rapidanalysts

Issued in the public interest’

In March 2017

Public circulation

‘IMPORTANCE OF ‘WILL WRITING’

a Duty of every person;

Remember death can visit any , any time – No Doctor can save you –

Moment you think of leaving anything to any – Do write – Delay Not Please !

You may miss the boat!! –

An Advice unsolicited!!!

(circulating for all, any can decide, promptly)

By professor Dr. Guru Balakrishnan

BA., Ph.D., LL.B.,  LL.M(Constitution & Contracts)

Advocate(Original Side) Bombay High Court,

Cell: 9769699018 : LL.27740069 (Kharghar) E.mail: rapidanalysts@gmail.com

*******************************************************

Member , Bombay Bar Association, High court (OS), Mumbai

In my 45 years of Legal experience of writing ‘Wills’, ‘Codicils’ for a lot of people who wanted to leave to some of their properties – both – ‘Immovables and Movables’, to their ‘near and dear’;

I have to share my advice to one and all – whatever it…

View original post 812 more words

Source: Wills what?

Issued in the public interest’

In March 2017

Public circulation

 

‘IMPORTANCE OF ‘WILL WRITING’

a Duty of every person;

Remember death can visit any , any time – No Doctor can save you –

 

Moment you think of leaving anything to any – Do write – Delay Not Please !

You may miss the boat!! –

An Advice unsolicited!!!

 

(circulating for all, any can decide, promptly)

By professor Dr. Guru Balakrishnan

BA., Ph.D., LL.B.,  LL.M(Constitution & Contracts)

Advocate(Original Side) Bombay High Court,

Cell: 9769699018 : LL.27740069 (Kharghar) E.mail: rapidanalysts@gmail.com

*******************************************************

Member , Bombay Bar Association, High court (OS), Mumbai

 

In my 45 years of Legal experience of writing ‘Wills’, ‘Codicils’ for a lot of people who wanted to leave to some of their properties – both – ‘Immovables and Movables’, to their ‘near and dear’;

 

I have to share my advice to one and all – whatever it is worth.

 

In my ‘Testamentary practice’, besides others, I have the honor to say a few following words to every one –

 

Testamentary jurisdiction is an ‘Administrative Jurisdiction’ of the  ‘charter’ High Courts (in Original Jurisdiction), as also District Civil courts in districts;

 

In Charter High courts (Charter is given by the Queen of England), still we have the following High Courts falling under such Jurisdiction:

 

Bombay High Court;

Calcutta  High Court;

Madras High Court;

Allahabad High Court.

 

IN other High courts that are ‘not falling’ under Charter Jurisdiction scheme -there wii be ‘No Original side’, in all other High Courts – so, that work is done by City Civil courts, as also in District cvil Courts, administered by the chief judges of the city civil courts and chief judges of the District courts  under their ‘administrative jurisdiction’ relevant;

 

In fact , when the ‘chiefs’ ‘administer’ the testamentary jurisdiction, the ‘Will’ do get ‘Probated’ in the  following manner, every where, in India:

 

 

  • The ‘Will’  before allowing to be executed, the following formalties the ‘Wills’ do undergo:

 

 

-The ‘Executor’ (trustedman ofthe Will owner) administers  the Will; that ‘Will’ have to be ‘published’ in the prominent English and vernacular dailies, as ‘a public Notice’ that the ‘Will’ (his desire to distribute his assets whatever remains in tact at the time of his death after meeting his obsequies) of the person on his or properties are under ‘probation’ (assessment by the jurisdictional courts, before the relevant court), and complete address of the courts be provided,  in the said  ‘public notice’, – signed by the Advocate concerned, granting  ‘three weeks’ Notice’ to the claimants, if any, for honorable court dispensation per law;

 

 

  • If there are ‘claimants’ for the properties to the ‘Will originator’, they need to ‘lodge their relevant claims’ before the honorable Court, saying – ‘how they are holding rights,on the said ‘Willed Properties’?;

 

 

 

  • If the Honorable Court admits the  relevant ‘claim(s)’ then such claims be read into the ‘Willed properties’, accordingly and be distributed, per court dispensation, by the very same Executor, appropriately modifing the terms of the ‘Will’;
  • If there are either ‘No claimants’ or ‘Claimants’ are there but ‘disallowed’ by the honorable Court, naturally, the ‘Will’ contents have to be duly be disbursed , ‘per se’ the ‘Will’ only, (by due modifications of the terms in the Will, by the very Executor, ‘per law’- under Art 51A of the Part IVA of the Constitution of India (oblications as fundamental duties).

 

 

 

  • In the case of ‘ancestral properties’, there cannot be any Will as such is possible, but has to follow per se ‘ Indian rule of laws’, depending upon religion, based Succession Acts relevant – both Central and State amendments ruling on the date of disbursal have to be taken into effect  and be followed;

 

 

 

  • None can write any kind of ‘Will ‘ on ‘Intestate’ or ‘ancestral’ properties;(if written it is ‘Void ab initio’: Will is ‘non  est’ (not in existence) at all.
  • Tenency properties have to follow Tenancy Laws prevalent on the date of disbursal, as the ‘Tenancy’ being ‘Personal’, cannot be ‘willed’, by any ‘Will’ to any one else other than the very owner of the tenament in question;

 

 

 

  • ‘Will’ has to read out to the person (in his or language clearly,lest misunderstood, a condition precedent), who needs ‘Will’ be written; and that person ought to affix his or her signature, before two or three ‘witnesses’,  obviously, not related, in any way, to the signatory (Deponent), preferably;
  • Any one attempted to kill or do away the Will owner, cannot get his or her share from the very Will. even if the deponent testator ‘willed’ some property, to such a person – ‘beneficiary-felon’.

 

In fact , ‘Will writing lawyers’ being very small in number sometimes charge huge  or very huge ‘fees’ for writing the ‘Will’, that need not be paid, if the Bar council  has not allowed such huge fee, in fact every Bar council determines  and declares fees by a public circular, (if in doubt, please get in touch with the secretary of the Bar council of the relevant state in question ;

 

if you wish to pay ‘higher fees’ in volition, without complaints, then, you can  pay, there is No Bar as such, please.

 

In such cases, better avoid using such person’s services, after all, ‘Will writing service is a public Social Service to humans

 

If any lawyer, (Advocate) can take fees as per Bar council approved lists only, then you can use ‘such advocates’, without fear or favor;

 

I was usually ‘paid’ in volition, in the last several decades  for ‘writing’ Wills, a sum of Rs.1000.-(rupees One thousand only) (now it can be more, say, three times or so, of that amount, for information only pls. ).

 

This is issued for the benefit of the ‘Will’ proposers

 

sd/- Guru Balakrishnan

      Advocate(OS) -BHC

I can recall the exact date that I saw my most memorable president: October 5, 1960. My mother had loaded me and my two older brothers into our ’56 Chevy for a short ride into downtown Louisville, Kentucky. Arriving early for a political rally, she placed us directly in front of the podium for a…

via What America’s Most Remarkable Presidents Had In Common — Fortune

What  ‘ Reasoning’ is the major question before one?

 

Every ‘Reasoning’ has two sides like the same ‘coin’ -but misused by politicians in power,  is the sole bane – would politicians accept?

 

‘Democracy is a greatly ‘misused (Ought not be misused) tool in the hands of politicans ’obviously.

 

So Alexander Pope said Politics is the last resort of ‘scoundrels’ (politicians by and large fall in this category), not without sound Reasoning!

 

That only degenerates the very democratic fundamentals of secular robust constitutions in the world.

 

Professor Dr.G.Balakrishnan, Ph.D, LL.B., LL.M

Advocate of Bombay High Court (OS)

 

In a Secular  Democratic Republic of India, how come we have to bow to so called ‘customs and cultures’ of multu cultural country, as Secularism is thebasic tenet of the Indian Constitution – some concessions under Art 25 if granted cannot be misused by every religion or every community, every custom and culture; if bowed India cannot be a modern Democracy in its right meaning as such;

 

[(Even, the USA, there are too many denominations among christians,one such denomination is ‘ Evangellism Christians’, in that order falls president Mr Trump, his denomination also subscribes to ‘refugees’ are some kind of ‘suppliants’; they ought to be helped and protected under all costs, as Hindu dharmic law is, when so, how Mr Trump pass some blessed ‘Executive Order’ under ‘Travel Ban’ as such (obviously some jittery reaction it appears, the President cannot take is the norm); that way immediate fmr. President Mr Obama now like fmr. Mr. president Roosevelt raised his objections of President Tuft, then; so it is obvious fmr presidents would rise against any unruly dispensations of incumbent president in the USA, why so? That is called  the ‘advanced thinking process’  of any advanced country, that way honorable  USSC interprets the constitution in the presence of 25th amendment too.

 

Travel ban cannot achieve any real barring of ‘terrorists’ of any kind, for ‘terrorists’ wear new hats in which you can never locate them, they might use any route to reach  that way they did in 9/11 attacks in New York then, so every npw and then – so obviously, Trump idea of travel ban could achiieve very little to stop ‘terrorits’ ; they could  reach even very white house, though Trump’s own security men, as it happened in the case of personal body guardsOf smt Indira Gandhi, she was shot in point blank range; and she was assasinated; so also LTTE men entered in Sriperumpudur where they finished Rajiv Gandhi – though you can have any theories – te objective is achieved by ‘Terrorists’;

 

So, there is no safety valve as such, be it a president ofb

USA or anywhere – in the USA even Abraham Lincolnand then  JF Kennedy weren finished – that says, any kind of your enemy might get access to Terror-managers anywhere , one needs to know – There is Nothing called greatest security – even the Nuclear buttons to bein the hands of the US president might get triggered by any, even in the highest security situation, after all ‘artificial intelligence takes over, Terrorists are well versed in high end technologies, be it in ‘Artificial intelligence’, Robot-technology – how will you identify if some such is in cargo room of Air Force One?

 

Therefore, one needs to build good cordon by great friends for the President Mr Trump – I several times wonder how he would be safe, in his ‘Tongue lashing ‘techniques’; he is in the proximity of some terror attack on him – now terrorist target is just one man in Mr Trump, most easy target for the Terrorist, anywhere – No great dsecurity can protect Mr Trump he ought to know if he is indeed a ‘prudent person’.)]

  

When so, why, at all, the honorable Indian SC need work under so called outworn ‘judicial restriant’ concept in the cases like ‘culture and customs’; politicians should be constrained by due process of law, that is in the domain of Judiciary to examine under very Art 265 too, though that Art is applied for Taxation matters;

 

All said and done, India is a ’Secular ‘ democracy’ by every definition, ‘greatest security to any Nation’; as too many religions, too many customs and cultures cannot survive, so very easily, in the secular society, that way Secularism is the best of all ‘security system’ in the ‘security arsenal’ (civilized society) is obvious.

 

May  I ‘say’ on two DNA newspaper  articles/reports of 25th inst,  my view: (whether you like or not?) .

I have to say for ‘I am no politician’, just an ‘Advocate’ of Law under the Constitution;  

 

We have a  ‘boundened duty’ to cause of  ‘public awareness’ to preseve the Constitutional fundamentals;

 

that is the obvious  ‘salient  duty’,  for any  ‘Law officer’ of Court;

 

if one chooses to be an Advocate; he or she has to ‘pursue’ the ‘said road’ of ‘rule of law’ meticulously;

 

Else why do you want to be an Advocate, at all, think Mr Advocate?;

 

See –

 

Obviously Art 51A (duties of citizens, whether in public service or in politics is mandatory under article), Part IVA of the Constitution of India –

 

so the ‘President of India’ in his address on the eve of republic day on 25th Jan said,

 

– the ‘highest form of ‘FREEDOM carries with it greatest measure of discipline and humility‘’ ;

 

Read Plato’s Republic (Republica) = (res = entity; + publicus =public) Question is what do we mean by ‘Republic ?

 

The common understanding is ‘Republic is ruled not rpt not by the King but by ‘public‘ at large.

 

Thus, a State is generally governed by elected representatives, in ‘democracies’, in secular republics too, not repeat not by ‘hereditary  rulers or monarchs’, not by means of ‘Decree or Dogma , but now it is by ‘Rule of Law;

 

In about 200 ‘sovereign’ countries/States today about 150 states of the world over = about 3/4th have official names as ‘Republic’;

 

Many are indeed ruled by Despots/Dictators, a couple of them even by Elected Monarchs.

 

Pakistan in 1956 first adopted the term ‘Republic’,

 

Iran  too after revolution but address themselves as ‘Islamic Republic’;

 

In India, Indian Conxtitution os called as *Secular Democratic Republic

 

it was in India, a  ‘Dharma’ is supposed to rule;

 

with the king or with any such ‘Nomenclature’, even ‘elected rulers’, supposed to be ‘merely’ they are ‘just administrative’ funtionaries on behalf of Public, ‘once elected by people’ in universal election process (universal suffrage), they try to convince the people why their ‘Party’ ought to be given a chance to prove their mettle; that way secure votes from people (public).

 

Read Book VIII of Plato’s Republic, Socrates discusses ‘various forms’ of governments, like, Aristocracy, Timocracy (Military rule), Oligarchy(by the Rich and Wealthy), and finally ‘Democracy (people by themselves under ‘Self Rule’ like Athenian democracy (city-states);

 

in big populated countries, by some ‘Parliamentary representative’ method, [by new innovation by the people, as it is just impossible for every one to participate in governance themselves].  

 

In this type, entered the so called ‘party system’ that emerged into too many parties as today;

 

Man by nature is some ‘x’ type person (mostly idle type);

 

that allowed today ‘y’ type men(mostly ‘active type’) to form ‘Parties’ to govern’ (as it is said under Pareto Economics, only 20% do all the good work for the benefit of the 80% of people; that way most men are are just wasters of resources, so ‘economies’ suffer;  

 

In this process 20% men sometimes tend to misuse the trust people repose on them that way ‘corruption’ surfaced in a ‘theory of corruption’:

 

As long as 80% is some ‘x’ (idle) type men , ‘corruption’ will be persistent, under various forms;

 

so, it is said, by many great Economist thinkers;

 

‘you can never weed out corruption, from the face of the earth;

 

but ‘be happy to see corruption is not allowed to grow in demonic proportions’;

 

if you do that only that itself is simply great,;

 

it is further said; (after all you can’t deny a man who takes honey from ‘honey comb’ if he likes ‘to lick’ his ‘back of his own hand’!  

 

what we find now is some ‘Mobocracy’ every where has also entered in the absence of due control on the very men themselves;

 

(see in TN mobs wanted some ‘Jallikattu’, ‘promoted ‘by some political backing(with their personal reasons), as if supporting some ‘culture or art or some such’ ideas forced the state ‘to bow down’ to their obviously ‘illegal’ wishes and desires – like harming ‘Bulls’ or ‘Buffellows’ or  ‘cocks’ in cock-fights’ and the like .

 

 what else  do you  ‘call’ the nefarious activities when ‘read with’ so called cultures ‘tortures’ of animals – very domestic animals?:

 

Indian Constitution is indeed a great  thought of most civilized persons by a ‘Constituent Assembly’ in 1947 – how many accept is seen today ;

 

– obviously ‘No one wants to be ‘Self controlled’ persons today, ;

 

Mahatma Gandhi and a lot of founding fathers of the Indian Constitution were mentaly very highly matured, unlike today men – see in Bangalore, people enjoy a youth is killed by the accident, none rushed to his help but allowed him die, but had temerity to take pictures on their mobiles, that is the present ‘mental level of people’ in a so called city called ‘IT hub’!;

 

President’s address on the 25th ‘on the eve of republic day’ falling on the 26th january 2017;

 

he obviously rightly ‘bemoaned and rightly ‘high lighted’ and showed the importance of Art 51A (duties and obligations of any indian citizen) -’ citizen is described under Art 5 of the constitution of India; Indeed it is falling under, ‘ fundamental duties’ like ‘fundamental rights’ (after all  fundamental dutied preceed fundamental rights meaning ‘you need to sacrifice your ‘fundamental rights’ in respect of ‘fundamental duties’ that is such great importance of that Art 51A,falling under Part IVA (directive principles -constituent functions of the state);

 

(Part IV is also treated as a ‘part of fundamental rights’, of any citizen so he can demand from the very state), tht means Part IVA is equally important fundamental right of duty, you  can insist on any institution right from the Parliament on, no institution is ‘immune’ to this Art 51A is the sum and substance;  

 

in India we don’t have a separate  ‘State Citizenship’  as such ;

 

just ‘Domicile or Residency’ qualification cannot confer any kind of state citizenship as such;

 

and it cannot take away your ‘Citizenship’ conferred on you under Art 5 of the Constitution, if you are a Good Citizen’ ,

 

as ‘domicile rule’ is just ‘some  kind of administrative action’

 

in this light, i do not agree with CJI Mr Kehar singh that any indian state can follow any law of its own; obviously it  permits ‘mobocracy’ is my humble view;

 

in view of ‘failure of any uniformity all over india’, as Nation  India cannot be governed, if it allows all ‘fissiparous tendencies’;

 

hon CJI could have just dismissed the PILwithout merits’ and allow the PIL petitioner to approach the relevant Hon High Court ;

 

High Courts can try under its Judicial Review powers under  Art 226 r/w 227  that is very  much wider power than  that Art 32 of the Supreme court of India;

 

in the absence of so called perception ‘state citizenship right’, the parliament’s obvious failure to maintain ‘rule of law per se the constitutional basic tenets where ‘We never granted  to States’ to be any authority to allow any such strange laws;

 

as such after all all states were ‘created by 1956 reorganisation of states’ for administrative convenience only; wherein We ‘never’ allowed State republic as such;

 

so I suggest to the hon SC being the Apex court ‘need to reconsider its stance’;

 

Hon Ct shall not allow any ‘Mob rule ‘ in the Indian democratic set up is my considered view.

 

If allowed, only ‘shallows and miseries for the country is my further considered view;

 

you cannot control governance of a vast Nation under such ‘contradictions’;

 

if done it is like President Mr.  Trump Executive Order that debars all ‘Muslims’ cannot be allowed in the ‘USA’ as refugees, why even very American Muslim cannot go back to the USA – a crazy idea of Mr Trump;

 

that such an Order simply affected even ‘Green Card holders- Muslims‘ cannot re-enter;

 

if they went to ‘tour away anywhere’ cannot come back as they would be just ‘barred’  at all American Airports;

 

so the Federal Court judge suspends the presidential Executive order temporarily till all the Green Card-Muslims reenter USA;

 

Indeed Mr. Trump is issuing ‘all types of ‘contradictionary Executive Orders’, as he is absolutely  New to Presidential functions in the USA.

 

I am sure our CJI is not new to the office of CJI of the SC; ‘slips could be possible’, that can be corrected suo motu or by curative petitions by PIL petitioner here cited.

 

PIL man need to put  up PIL in the state concerned High Court which has extensive judicial review control under Art 226 compared to Art 32 and Art 32A which empowers the hon S C much less;

 

so I say, the very honorable SC could have dismissed ‘without analysing any merits of the the PIL’ and directing the PIL petitioner to move Madras High court;  

 

that could have been a ‘better way of handling judgements’, instead of sitting on some such judgements;

 

why do we have High courts?, if hon SC could decide all isues, like the one referred in the PIL, as the differenetr institutions are conferred some special powers, that ought to be honoured,  is my considered opinion;

 

Now, my considered view is that  the SC judgement on the PIL is ‘no ratio decidenti’ as such ;

 

so some ‘Obiter Dicta’ only (not falling under Art 141);

 

further it is no constitutional bench too;

 

it is just an Obiter type opinion of the honorable CJI, he might have declared due to ‘ too many pending  cases’ in the said Court;

 

Even the PIL holder ‘can seek curative’ from the hon SC division bench which I am sure hon court would consider again; and do the needful to restore the PIL to be tried at the relevant High court;

 

– here Madras High court is being the jurisdictional court, is again my considered opinion;

 

CJI of the honorable SC never bulldozes like the governments today;

 

TN did, PM Modi governmet did , in this problem of ‘Jallikattu’ beyond its powers if very carefully examined; Modi’s approach bordered to that of Mr Trump’s.

 

Never any problem can be ever settled overnight;

 

like some ‘flying meetings’ as if some ’fly by night operators’;

 

but by highly considered thought process that might take very long time too to decide;so judiciary delays judgements, that doesn’t mean ‘Jstice denied’ sir.

 

so ‘judgement Reserved’ idea surfaced;

 

In this PIL ‘Reserved’ also doesn’t arise at all;

Never judges work of judging issues are so very easy, like some Advocate or the politicians in government;

 

so Judges hold high ‘credibility’ in the public’s eye;

 

Like, politicians even some ‘Advocates’ of Law; who without preparation rush to conclusions;

 

 so people doubt any ‘Advocate;

Every aspect of law and the fact ought to have to be very patiently need to  be considered, assessed and analysed;

 

if you as ‘Advocate’ cannot do good work, better leave ‘Advocacy’ is the ‘sane counsel’ for such great advocates;

 

they are mushrooming as Bar councils failed rightly filtering them – whether one can be some meaningful ‘Advocate’ if not ? Better weed out;

 

if not, naturally Bar council might get very bad name;

 

Politicians in government work in ‘fits and starts’ manner as ‘law makers’;

 

so no ‘Statute’ is ‘sacrosanct’, why even ‘Constitutional Amendments’ too;

 

Obviously questioned in any Judicial Review, a very sacred work of the very honorable Constitutional courts;that happened in Kesavananda bharathy v st of Kerala; then in Coelho v st of TN in 2007

 

So need to be ‘tested in the reliable court of justice- – called the ’Constitutional Courts’ under Art 226 or Art. 32 under ‘Writs are for Judicial review’ (need not follow ji]udicial restraint as such if found something is very strange dispensation’;

 

obvious ‘prerogative writs’, are founded in Britain;

 

there is also Art 51A by smt Indira Gandhi ‘rightly  and sanely’ brought in in 1976, a great mature politician India got in her;

 

After the above  submission, i have to register my views of

 

‘Reasonings’ are as such , that the word:

 

‘Reasoning ‘ is ‘most misused’ word, – mostly mis-understanding of its ‘weights’;

 

 

May be as we are today some kind of ‘language chavinists’, – very dangerous doctrine we follow in a civilized society;

 

‘that makes us lose our standing/credibility’,

 

‘Ignorantia Legis est Non excusat’, in Latin terms, used in very ‘English’ based legal system;

 

India legal system is too England based perception that credibly ruled india for about 150 years and even today for the judgements are even today emulatable;

 

I find one TN lawyer just intimidates AWBI that it cannot file against the TN statute (obviously the lawyer crossed his brief can be also perceived; why he even might  be pulled  up, if he utters such statements in the court) , ‘as if he is some great ‘judge’ himself, that shows how his Advocacy standing today has degenerated, one can perceive.’

 

Advocate cannot talk like politicians;

 

if done ,they can be ‘censured’, by very Bar council or by the honorable bench concerned.

 

‘Any one can go against ‘any statute’, to be tested under the anvil of the constitution of India, is the fundamental right of any and every citizen, even by a very poor man, under forma pauperis procedure!

 

that much ‘common sense’ I expected from the TN lawyer appearing for the TN state –

 

‘No lawyer is a judge’;

 

but ‘some prop ‘for his client’ only, to lead his client ‘rightly’; if not he takes him  the client ‘for a ride’;

 

 Certainly Advocate is  ‘ Lawyer’ and is ‘No Judge’ at all;

 

he should keep his ‘mouth shut’ till when the matter is heard, that is called the principle of Natural justice;

 

not ‘Nature Justice’ he ought to know so too his followers, then only law improves, nations improve;

 

law is No Politics or Politicking;

 

passing an ‘Ordinance’ into  an Act means  ‘Big Nothing’;

 

or the very Ordinance is ‘not’ based upon ‘right’ procedural rules, laid down on the passing of Ordinances by the relevant Governors, in this case;

 

so obviously, we lost tract of that Maxim ‘Ignorantia Legis’  est non excusat’ , obviously forgot the principle;

 

that is why, ‘similar kinds ‘humans as lawyers’  – numbers are increasing day by day; a very bad day for justice; Justice never means it has to suport to mob hysteria.

‘Untold Problems’ are bound to arise;

 

you as  political representative of people cannot behave as you like or liked to interfere with high court jurisdiction on the relevant State’,

 

afterall ,you are circumscribed by Art 51A of Part IVA of the Constitution of India, under ‘duties’ ; every citizen is bound, as duties are more important  and significant, than your so called ill-understood ‘fundamental rights, like we do the Art 25; well discussed by Justice Mr Kuldip Sngh in Vallothan v Union of India in 1995;

 

No rights you can enjoy, without your ‘sacrosanct duty to the Nation’;

 

Nation never means chavinists in your community;

 

you better be away from them; if they fail in their duties per se Art 51A of the Constitution of India;

 

Honorable SC did  very very ‘Clearly pronounced’ in the case of ‘Indra shahani v UOI’ , it did not want to ‘interfere with’ state of  Kerala legislation on ‘creamy layer’ issue but it looked for central law for its action;

 

On 29th January Telengana Government appoints ‘Brahmins welfare board; as the very State realized ‘Brahmins’ are very ‘Unity in diversity of India, so cannot be neglected, so put under retired IAS officer Mr KV Ramana, as chair person

 

Would ‘all other States’ follow suit, a million $ question?

 

But remains to be seen – it falls under very Art 51A of Part IVA;

 

Brahmins are and were some kind of Brain Trust of India;

 

if any one recalls their contribution to the Nation, from Chakravarthi Rajagopalachariar, Last Governor General of India, Dr. Sarvepalli Radhakrishnan, Prakasam Pantulu, Padit Madan Mohan Malavaiah, poet Subramanya Bharathi, PM – Mr PV Narasimha Rao (PM in most turbulent times for India, opened the Indian economy,  Narayanamurthy of Infosys opened the outsoursing business in IT sector, why Sir Mokshagundam Visveswaraiah who created and built the Metturdam to tame Cavery river waters lest wastage of water in sea is properly tamed and diverted for  irrigation and Agriculture to name a few .

 

Are we not proud of these great meaningful social workers, even Vinoabha Bhave founder of Bhommidan movement in Maharashtra, Bala Gangadhar Tilak, Gopala Krishna Gokhale, Rabindranath Tagore, and so on, why your present President Mr Pranabh Mukherjee,  retd Justice Krishnaiyer  (recently passed away) of the hon SC; and so many more names to roll out see what is Ms. J.Jayalalitha CM of TN (recently passed away); if they and their  ‘likes’ were if considered ‘as really friendly souls of India’, don’t we find patriotic Brahmins of India?

 

Even poet shri Annamaiah who opened the ‘doors’  most important of temples  for Harijan entry in Tirupathi Balaji and other temples; shri Chandrasekhara Saraswati after Srt Sankara and so many like Ramana Maharishi, now Sri Sri so many and so many who contributed, like Swami Vivekhananda, and his guru in Sarada Devi and ……; recently we lost Ms Jayalalitha as CM of TN who founded ‘Amma canteens’, and like things to alleviate the sufferings of TN ‘poor’ people and her death was vey badly mourned by TN people in millions across in TN and so  on. And so forth;

 

unfortunately   then ‘No keralite or any from Kerala  filed a Writ against ‘creamy layer issue’, (outcome of ‘Indrashahani  case,)  found itself into the ‘Kerala Act’; for declaring the said Act ‘ultra vires’ the Constitution of India in the Kerala High Court; that way creamy layer showed its ‘ugly head’ ‘on and of’;

 

you ought to know how to fight, like in ‘Chakravyuga’ taught in  Bharatha War fought by Arjuna, but we are ‘full of Abhimanyus’ today, since then , how will you fight, you need to think – ‘give work to your own thinking machine’;

 

that way our population are, why even our  ‘so called legal fraternity’ –Advocates today are expected to work untiringly like like Alladi Krishnaswami Iyer, or Nani Palkiwala, Soli Sorabji, there is no easy path for any!

 

If so, why politicians seek easy route? ‘ They want always easy money, easy everything…’

 

Ignorantia Legis’, est non excusat’ , ‘obviously forgotten’, then why similar kinds numbers are increasing day by day, even today in the name of so called National Schools of Law too, I feel ashamed to say. Are we happy to cheat ourselves?

 

See hon SC would just need to look at  Concurrent List’ based Acts only; and take action, as and when needed to rectify ‘scales of justice to preserve ‘rule of law’;

 

as Hon  Supreme Court shall  never would overstep and visit state laws, as already explained;

 

But in TN Governor’s Ordinance how obviously  ‘illegally resurrected’, since  the legal draft was vetted by union home ministry and duly forwarded for asscent by the president;

 

That situation (bad in law of procedure) might totter the very foundation of TN Governor’s Ordinance (if court visits without judicial restraint doctrine’ ) (ought to be to establish the doctrine of rule of law) (as normally Governor’s recommended Ordinance is always scrutinized by the office of President’s secretariat, once forwarded by the union Home ministry but here practically ‘reverse’);

 

this fact  is it might face  the  ‘heat’ from the hon SC, I believe;

 

Honorable  Supreme Court doesn’t take cognizance or note what PM said or not said, –  but it will just look at the ‘legality of the issue concerned’; (Nothing more and nothing less),  the central statutes and their veracity are always questioned;

 

as Animals protection and preservation Acts fall squarely under ‘concurrent lists’ where the central government only has the only ‘Say’ – one needs to carefully note not the State individually’; ( it cannot take refuge under so called ‘customs’ and ‘cultures’, culture and customs don’t hold water uner ‘secular’ democracy’ is very very obvious as secularism is the ‘basic tenet’ of the indian constitution.

‘Manu’ says that ‘Jallikattu as some ‘tradition based idea’, as  if, as old as  some 1000, or 4000 or 5000 years old ,(obviously he doesn’t know is a fact of ‘when ‘ correctly.)

 

Tell me sirs, which politician ‘so far agreed’: –  ‘he doesn’t know’, (every one knows);

 

just some of his great foolish or  fooling ideas, –obviously he (politician’ is ‘fooling the poor people’ since considered the mostly ignorant lot by Politicians, like PM did by his great ‘demonetization idea’;

 

Demonetzation objective was to see BJP opponents ‘don’t splurge’  cash in the elections slated from February to ensure BJP to win the five states; but he told the world just he is doing great job! Obviously fooled the poor people. Poor haced the heat; now consumer prices have shot up milk cost shot up by Rs.4/- per litre now – it is the people have to pay not the government is subsidizing with windfall gains of cash taken under the unaccounted sources of the people who hoarded cash!

 

Politicians always try to keep poor people always ‘ignorant’ for obvious reasons like our TN worked overtime on ‘Jallikattu’ to bury the ‘hatchet of irrigation and Agriculture Disaster’, besides poor ‘farmers suicides’;

 

TN politicians found ‘good excuse route’ to get out of agriculture damages, they played very very compared to so called ‘Jallikattu’, every TN man must know, if bestowed by sound  ‘common sense’.

 

Thinking of OPS and Sashikala is ‘as if’ they are like Lord Krishna did with Satyabhama on ‘Abhimanyu’s birth’;

Thus they conveniently ignored Agriculture disaster and suicides in favor of ‘Jallikattu’;

 

instead of pulling up the youth looking for ‘Jallikattu’-  ‘how do you expect’ – Agriculturist suffered in ‘crops-loss’; would you love the great ‘Jallikattu’?  and  would he like to prefer suicides?

 

I some times wonder!

 

,  Lord Krishna thought, if Abhimanyu’s father Arjun  knows how to come out of ‘Chakravyuga ‘ if not taught to Abhimanyu, Arjun would not have made Abhimanyu to face ‘Chakkravyuga’ then, obviously.

 

the Kaurava and Pandav countries would perish anyway,( do you think Arjuna would have liked such eventualities, Lord Krishna be it  ‘Krishna is divine or not’!) ;

 

 if Pandavas or Kauravas are ‘immortal’, as if ‘immortals’ have not to  perish; (even Aswathaama an immortal is told he is killed by very Yudhishtra  just to ensure Dronacharya to be fooled’ so wars are just carried on deceptions mostly is revealed then too;

 

see even Parikshit has to be got killed by as ‘Nagaraja’ (king of snakes’) in the form of snake’;

 

None is ever saved in the history is the realism;

 

We fought and won World War I and II ; after that, are we in command?

 

Think a while; that is the story of  ‘sands of time’;

Lord Krishna’s logic was OK in the case of the Kinds of ‘warrior’ classes;

 

if you are a warrior you also need to die, as none is allowed to stay on earth for ever;

 

if allowed there cannot be any more generations of people and animals and likes..;

 

everything has great logic;

 

the logic is you are needed to be there on earth as long as ‘you’re productive else ‘please leave’ is called ‘RIP’ principle.

 

but same logic is not OK for poor ‘domestic animals’ for they gave much more  than they are supposed to, so Lord was always kind of Cows or any productive animals;

 

but that is a kind of idea to take ‘wrong’ analogies is a kind  of  ‘deception strategy’ ;

 

that is why General Sun Yat Sen of China then called ‘All wars are deception’;

 

Politicians think here as if  their ‘some enemies’ are considered their own ‘very voters themselves’;

 

that way Sharad pawar simply ensured to lose food grains in rains and allowed rodents eataway in FCI godowns just ‘rot’ , recently, in the name that he doesn’t like the food grains price fall, a spurious claim by him;i

 

if he wanted to help agriculturists he could have given ‘subsidies’ to alleviate the problem not by simply wasting food grains – obviously he was negative thinker;

 

and in fact ‘in practice’ lost food grains is a great fact as his mind seems to have moved to mental ‘plateau’;

 

for that great man you give ‘Padma bhusahan’ how Modi government arrived  at such sad idea, i wonder.

 

In fact he is a ‘dead weight on earth’;

 

why you want that man’s great friendliness Mr Modi, – ‘may be Modi would have felt Shiva Sena would leave coalition with BJP’!

 

; obviously it seems , ‘these ‘awards’ are some kind of baits’ to get coalitions’;

 

if so what ‘Padma ViiBhushan’is worth? I wonder.

 

politicians do think very ‘voters’ are some ‘deadweight’, so they treat poor people practically as their ‘avowed enemies’ but treated like jallikattu animals is obvious;

 

the  politician chooses to ‘deliberately deceive’ his voters; – one way or the other;

 

like Sharad Pawar (filthily rich and wealthy as a builder and IPL promoter, (but mentally ‘big blank’);

 

in cricket games in BCCI , alleged to be well known in all kinds of ‘corrupt activities’,;

why he simply ‘spoiled’ a lot of food, and food grains, in food corporation (FCI) godowns in Panjab during UPA rule as ‘great’ food and agriculture minister);

 

(in fact he could not think some  better idea other than wasting foodgrains then);

 

obviously, he ill-treated the agriculturist poor in his own constituency is obvious ( now this man is conferred great ‘Padma Vibhushan’ by BJP government, for obvious reasons).

 

as if Modi thinks as if he  is  himself a great human like ‘Gandhiji’ so he replaced his photo in place of Gandhi in a calendar of KVIC; (every politician is some kind of a ‘scum’, if closely observed!)

 

[any politician himself deceives by his own ‘building castles’ in the air], any politician thinks he is some ‘Lord Krishna’ himself!   

 

‘Reasoning’,  as such came from a French word ‘raison de etre’ – i.e. a civilized  read way of reasoning -that is  what do we understand by reasoning in civilized society today?;

 

that way only ‘Judiciary’ always works on civilzed reasoning always;

 

why Evidence Act is also some civilized ‘reason’ based  idea and thought, used in all judicial pronouncements;

 

so the idea , ‘benefit of doubt surfaced’ in criminal jurisprudence, all over;

 

  • ‘Reason’  is obviously, a civilization  based idea indeed;

 

  • Politicians use same kind of reasoning for catching  ‘votes for’ under ‘god forsaken’  some new ideas, ‘to take on old thoughts’, just to replace again the old ideals to breath in , in a new Awatar;

 

 

  • Politicians would like ‘jallikattu of  TN’, likewise just  to ‘defrauding’  the poor tamilians in TN;

 

 

 

  • ‘ No party in TN is really people friendly’, as it ought to be in a venerable’ democracy’ as such!

 

 

-AIADMK  OPS or Sashikala Natarajan ; both ‘look for   

          power’ in TN by all means – Nothing More,

 

Nothing Less’;

 

  • So   on ‘Buffalo taming’ of Karnataka;

 

  • Karnataka in Karnataka, and elsewhere at the altar of so called very reasoning , replace, sooner than later, once they find honorable courts ‘outlaw’,the Jallukattu and likes, for ever one needs to know how politicians are great turncoats;
  • after all their main aim is just to get ‘votes’ anyway is their main objective in their life;
  • if not, ‘Party would die sooner than it is born, see what AAM Adhmi Party ‘ = AAP under Mr Kejriwal does;
  • he spoke one thing at Jantar Mandir under very man who promoted him then;
  • you would have seen how he treated Prof Yugesh yadav and Bhushan,;
  • so you can ask Where is that Arvind Kejriwal’s so called ideals then?  
  • He would say, ‘I need to go with them just to defeat sooner than later’ !

 

 

  • Therefore,  Alexander pope rightly called, ‘Politics is last resort of a (any) Scoundrel’;

 

 

 

  • if you remember now , many would have been forgeten today;

 

 

 

  • as the ‘new genere’ of educated ‘forget’ what they learnt in just earlier ‘class’ once he passes out of that class;
  • either rightly royally passing or getting promoted, or under  some kind of ‘reservation ideas of politicians ‘ since mid 1980s

 

 

– and the like of which is seen  in southern, Eastern or Western Indian states ‘Politics’;

 

Did these worthies ‘bother about drought’ , ‘famine’, ‘suicides’ of agriculturists;

 

who just do ‘tamely’  feed the total population of India when the wealthy population too needs, (Be wealthy or any, could you survive without food grains to get your need of food?’) if and when they could not import food items of their choice,;

 

as some ‘Mr. Trumps’ do emerge in these gangs of ‘alleged Political Scoundrels’, find refuge in politics of ‘Convenient gaming’;

 

Why do very ‘Americans’ rise against Mr Trump like?;

 

Wait:

 

so too in India sooner or later, likely,  against Modi or any, if not get ‘forewarned’!

 

If forewarned you are fore armed!

 

but you will not be able to be like ‘smart’ Americans;

 

“as ‘we’ are all some great IGNORANT LOT’;

 

Like we say ‘Pattathan Pappanunulkku theriyum’ ( if brahmin is  properly hit, then only he will realize his errors’ says a Tamil saying);

 

as we like to call ourselves ‘ Nee Ulagam arinda Pommanatti non onnum ariya Kammanotti’ (Tamil) (‘ignorant fools” very ourselves are a great fact);

 

yes ‘We’ are dwelling in some ‘prehistoric times’ of ‘kinds’, even in the 21st century;

 

what a great achievement, we, as  Indians ought to know, never ever over-estimate yourself is sane thought. what  you did so far proves  your ‘great intellectual superiority thought’(that could backfire like any gun could do, it has no relationship with you as such). some men like Mr Modi as PM would ‘declare’ – He is the most intelligent or clever as our Mr Trump is doing; after all he is ‘also some kind of species like us only’, how could he be different . when his DNA is from our species only!

 

These kinds ‘thrive’ in politics;

 

the fact is Arvind Kejriwal, though some ‘well educated some Engineer’, once elected to CM in Delhi UT state, (yet he wanted fast to encash) once in his hands, he worked out how he could make, great ‘enlightenments’ as if  ‘dawned on him’ as if some kind  of modern  version of Buddha, like modern ‘Dalits’ are  playing today,

 

‘Today ‘Dalits’ want ‘creamy layer reservations’ to the very creamy layer, obviously denying very very poor ‘Dalits’ though the poor lot among them is the creamy lot brethern too!

 

Like in all other backward species of  classes, we see, in india;

 

Backward ‘creamy layer’ succeeded in getting reservation for their creamy lot in the presence of honoroble SC ruling in ‘Indrashahani v UOI case, thanks to munificence of Kerala then so called CM Mr. Karunakaran what a great ‘merciful heart’ you found in the fellow man by passing the so called creamy layer Act, like VP Singh did the basic ‘Mondal idea’ (unfounded statistical  correlations), that led PM Mr, Morarji Desai has to shelve that ‘great useless report’ (might be very Mondal himself  perhaps wished its shelving even if he were to be some ‘backward or similar kind’ person.

 

It is obvious kind of though’ as it is obvious,even a fool would not like he is also fooled’  but for,  how he could have made sch a great foundationless ‘great report’ is itsef a million $ question, for researchers on ‘Reservations’ Projects;

 

See great PM VP Singh(even warrior community men are like Jats, would need reservation for them too), (perhaps  he ‘may be’, some kind of ‘Backward community or some such ‘caste’ of the very U P itself;

 

even Rajas there were too from ‘all kinds of castes and communities’ in the Northern states unlike real ‘warrior class’ as such;

 

so that  the ‘great background’  would have made him to second the great ‘Mondal Report’, when it was alreaday in ‘shelved state’, languishing in Morarjibhsi’s cubboards;

 

he kept the report there he has to  financially account for ‘Mondal commission’s spends;

 

as he might have felt that  he unwittingly ordererd the very Commission called very ‘Mondal Commission’;

 

any way VP Singh ,moved swiftly, to see, so called constitutional amendment to emerge, then to make way for the commission –obviously overthrowing the very Art 14 of the very Constitution of india;

 

Now you could undesand and appreciate  ‘why Alexander Pope, a great poet called, ‘politics is the last resort of Scoundrels’, ;

 

would you deny ?, if so, how?, please explain?,

 

Else once again, ‘ the thought of politics is the last resort of scoundrels’ would get doubly asserted and ‘confirmed, is it not?

 

So rushwith your great opinions, I personally welcome sir.  

 

People in State of TN is very vociferous on ‘Jallikattu’;

 

Obviously, that they forgot TN lost almost all agricultural crops’;

 

(could it not mean people became some ‘depresed lot’;

 

 so they loved to go for Jallikattu as some ‘sport’, as their animals would get ‘no food to eat’ if so, ‘better we  kill  by this great ‘Jallikattu’ idea,;

 

just ‘ political parties ‘infuriated them’ to behave so;

 

as they behaved (may be ‘political scoundrellism’ ‘raised its heat’ – in some ‘Jallikattu idea’ to be promoted  (in the garb of some god forsaken custom or culture);

 

(you w’ll know now the ‘secrets of politicians’ scoundrallism!);

 

after all ‘innocent’ TN people as such are just some very badly ‘innocent’ by nature;

 

they can be used or misused;

 

so TN politicians just used the opportunity very swftly;

 

even ‘forcing and small children to participate in protests’ (fact is once supposed to be some culture or custom taboo  surfaced;

 

that has generated very women  to be treated as some ‘properties’ that would be ‘just like ‘things-like’ properties’, man  always wanted that idea could emerge to  misuse theirnown women under this great opportunity;

 

here, they(women and children) are ‘Obviously’  misused  that cannot be just ‘dismissed’;

 

is obvious fact to be noted ‘by all women, men’, who support women as equal partners and to be liberated;

 

However.may be some ‘great Sati’ supporters might resurrect; and emerge in TN, under in a  great culture garb; that need to be subscribed, by a statute; then they would force a statute like they did for Jallikattu, which evoked so many new customs like in a Pandora box;

 

Whether honorable SC supports the ‘Jallikattu’ is no big thought now;

 

after all, the question is  ‘whether you have sound ‘great Common SENSE’ is the billion $ Question of this 21st century? !

 

ONLY FUTURE ‘ OF WOMEN OF TN will say, IS womenhood is  OBVIOUSLY IN STAKE, – any sane man might say; Why very great AIADMK general secretary Sashaikala if ‘sane’  would have bear out, – yea she is a woman she woukd need safety from very Nar=tarajan her own husband, who is tricky man every one why Sashikala knows;

 

If you have different opinion please, you too have a say here!

 

Reasoning is obviously ‘lost’ by Manu in some  just misplaced ideas  like ‘Sati’ idea to say the least:

 

Manu would hijack to the poor ‘the great inhuman ideas’; as he thinks ‘poor people’ would simply accept him, as if  as a great thinker f his class;

 

but it is  his reasoning is so badly ‘faulted reason\ing’ any one  among sensible people would adduce, sooner than later;

 

as he ‘lost’ his own perception of what reasoning is as such, thanks to his ‘lovely support’ to AIADMK;

 

perhaps he is some ‘Chinnamma’ fake  follower or fake supporter, proped by her husband Natarajan, i sometimes do tend to think, as his ‘vociferous’ support to ‘Jallikattu’ is much more in proportions compared to ‘drought hit issue in TN’, due to failure of monsoons and Cavery ‘scanty water’ supply from Karnataka’ for failure of monsoon which took away so many lives – do you find any great reasons in Manu?

Per intel reports, Jallikattu is augmented by anti national forces; obviously TN govt bowed to them by passing an Ordinance and as a result some some TN Act,  obviously the statute is a product of  poor governance of a secular democracy is obvious; that might call for hon Apex court need to quash the very governor’s Ordinance, as an ill-advised idea .

(ends )