Political Rule in India set JUSTICE far away
The S.C. record of 1960 to 95 reveal their people Oriented attention at public interest . Its specific directions to Govts. cornered whole issue of JUSTICE keeping the Courts insufficient and also with inadequate No. of Judges since 70s and the Political Democracy's Selfish Ambition of certain Political Parties is absolutely correct as per 1987 Directive Order of S.C.
There is need to memorize the following for a JUSTIFIED COMMENT .
1-[b] [1987] 4 SCC 609 : S.C. laid down the following guidelines for the exercise of the right under Article 32 :- { MOST IMPORTANT }
1.The Scope of Art. 226 is wider than Art.32 . The parties first seek relief in the High Court and should come to the Supreme Court in appal only .
2. Hearing of the case at the level of High Court is more convenient to the parties. It saves lot of time.
3. The High Court has its own tradition. They have eminent Judges, whose capacity should be utilised.
4. Every High Court has a good Bar. There eminent lawyers with wide experience, handle different kind of cases. They know history of every legislation in their Staate.
5. The Supreme Court has no time to decide cases pending before it for the last 10 to 15 years. With the present strength of Judges and will take more than 15 years to dispose of all pending cases .
6. If the cases are filed in the High Court the task of Supreme Court acting as an original court which is a time consuming can be avoided .
7. If cases which may be filed in the High Court are filed in this Court it would affect the initiative of the High Courts . We should preserve the dignity, majesty and efficiency of the High Courts. The taking over by this Court of the work of High Court may undermine the capacity and efficiency of the High Court and should be avoided.
8. The time saved by this Court by not entertaining the cases which may be filed before the High Courts can be utilised to dispose of old matters in which parties are crying for relief .
2- AIR 1987 SC 1087 “ 1. The Court held that the poor in India can seek enforcement of their fundamental rights from the Supreme Court by writing a letter to ay Judge .” Further , “ 2. The Court also held that under Art. 32 it has power to grant remedial relief which includes the power to grant compensation in appropriate cases where the fundamental rights of the poor and disadvantage persons are violated . “ 3. The Court held that the Court can appoint socio-legal commissions or devise any procedure and forge any tools it deems appropriate for the enforcement of fundamental rights of the poor “ .
3- AIR 1983 SC 339 “ No State had the right to tell its citizens that because a large number of cases of the rich are pending in our courts we will not help the poor to come to the courts for seeking justice until the staggering load of cases of people who can afford rich lawyers is disposed off . “
4- {1996} 3 SCC 212 “ If the Court finds that the Government or authorities concerned have not taken the action required of them by law and this has resulted in violation of the right to life of the citizens, it will be the duty of the Court to intervene . “
5 - AIR 1979 SC 1369 The Supreme Court has held that “ Speedy trial is an essential and integral part of the fundamental right to life and liberty enshrined in Art. 21 .
6 - {1994} 1 SCC 243 “ If loss or injury is caused to a citizen by the arbitrary actions of State employees the State is liable to pay compensation to him . Public authorities who are entrusted with statutory function cannot act negligently . UNDER OUR CONSTITUTION SOVEREIGNTY IS VESTED IN THE PEOPLE. Every limb of the Constitutional machinery is obliged to be people oriented . .....”
THESE 6 S.C. findings made the Selfish Political Democracy prefer its policy for never ending dilution of JUSTICE IN INDIA . The Political Rule also was such, at at 2013 , there were above 7,000 above Seven Thousand Fake LAW CERTIFICATE HOLDERS IN VARIOUS OCCUPATIONS .
We know about the deep-rooted corruption which penetrated all the Sectors, Fields of Operation and, even the Castes, Communities and, the Rich and Businessmen and Traders . This proves that the problem creator is the SELFISH , CORRUPT AND CRIME NATURED INDIVIDUAL as well as the RULE OF LAW , LAW & ORDER too . more
There is need to memorize the following for a JUSTIFIED COMMENT .
1-[b] [1987] 4 SCC 609 : S.C. laid down the following guidelines for the exercise of the right under Article 32 :- { MOST IMPORTANT }
1.The Scope of Art. 226 is wider than Art.32 . The parties first seek relief in the High Court and should come to the Supreme Court in appal only .
2. Hearing of the case at the level of High Court is more convenient to the parties. It saves lot of time.
3. The High Court has its own tradition. They have eminent Judges, whose capacity should be utilised.
4. Every High Court has a good Bar. There eminent lawyers with wide experience, handle different kind of cases. They know history of every legislation in their Staate.
5. The Supreme Court has no time to decide cases pending before it for the last 10 to 15 years. With the present strength of Judges and will take more than 15 years to dispose of all pending cases .
6. If the cases are filed in the High Court the task of Supreme Court acting as an original court which is a time consuming can be avoided .
7. If cases which may be filed in the High Court are filed in this Court it would affect the initiative of the High Courts . We should preserve the dignity, majesty and efficiency of the High Courts. The taking over by this Court of the work of High Court may undermine the capacity and efficiency of the High Court and should be avoided.
8. The time saved by this Court by not entertaining the cases which may be filed before the High Courts can be utilised to dispose of old matters in which parties are crying for relief .
2- AIR 1987 SC 1087 “ 1. The Court held that the poor in India can seek enforcement of their fundamental rights from the Supreme Court by writing a letter to ay Judge .” Further , “ 2. The Court also held that under Art. 32 it has power to grant remedial relief which includes the power to grant compensation in appropriate cases where the fundamental rights of the poor and disadvantage persons are violated . “ 3. The Court held that the Court can appoint socio-legal commissions or devise any procedure and forge any tools it deems appropriate for the enforcement of fundamental rights of the poor “ .
3- AIR 1983 SC 339 “ No State had the right to tell its citizens that because a large number of cases of the rich are pending in our courts we will not help the poor to come to the courts for seeking justice until the staggering load of cases of people who can afford rich lawyers is disposed off . “
4- {1996} 3 SCC 212 “ If the Court finds that the Government or authorities concerned have not taken the action required of them by law and this has resulted in violation of the right to life of the citizens, it will be the duty of the Court to intervene . “
5 - AIR 1979 SC 1369 The Supreme Court has held that “ Speedy trial is an essential and integral part of the fundamental right to life and liberty enshrined in Art. 21 .
6 - {1994} 1 SCC 243 “ If loss or injury is caused to a citizen by the arbitrary actions of State employees the State is liable to pay compensation to him . Public authorities who are entrusted with statutory function cannot act negligently . UNDER OUR CONSTITUTION SOVEREIGNTY IS VESTED IN THE PEOPLE. Every limb of the Constitutional machinery is obliged to be people oriented . .....”
THESE 6 S.C. findings made the Selfish Political Democracy prefer its policy for never ending dilution of JUSTICE IN INDIA . The Political Rule also was such, at at 2013 , there were above 7,000 above Seven Thousand Fake LAW CERTIFICATE HOLDERS IN VARIOUS OCCUPATIONS .
We know about the deep-rooted corruption which penetrated all the Sectors, Fields of Operation and, even the Castes, Communities and, the Rich and Businessmen and Traders . This proves that the problem creator is the SELFISH , CORRUPT AND CRIME NATURED INDIVIDUAL as well as the RULE OF LAW , LAW & ORDER too . more
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While the Hon’ble Supreme Court has made it clear, that the Reservation to be implemented, should NOT be for more than 50% of the seats, in reality, the implementation done is not in the same line. I believe that the Hon’ble Supreme Court should change it to make it apply in a way that the Open category should NOT be less than 50%. The things shall then change rapidly in the interest of the country, because in reality, the seats reserved in education sector are more than 50%. The interpretation of these guidelines is seen only for the reservation based on legalities for SC, ST, OBC, etc only. Thereafter, more seats get reserved as institute owner’s seats, sports related seats, etc, etc, which in reality get converted to capitation related seats. And this has been happening for Hon’ble Supreme Court’s guidelines and instructions for years. No one has even bothered to raise an issue for the same. more
Mar 31
Executive and honourable President's Secretariats also not preferred the issue of article 340 to S.C. though public and governments unrest has been observed . Even now, the situation is alarming in the issues of JATS, PATELS, KAAPU, BALIJA etc., more
Mar 31
Correct please. Lakhs of Crores Public and Government Funds have been getting looted through many means including Banks, PDS, and Natural Resources. But, Education to Children that was preferred at 4 Articles of our Constitution HAS BEEN IMMORALLY SET ASIDE AND DILUTED . This resulted in never ending illiteracy whereby majority had to be bent on the local leaders for the government Loans, subsidies, Grants WHICH ONLY BEFITTING THE POLITICAL PARTIES WITH BAGGED SYSTEM OF VOTING to be again in Ruling or Opposition . THIS IS GROSS INJUSTICE TO THE CITIZEN OF INDIA WHOSE FOREFATHERS HAD TO INVEST THEIR MONEY, TIME, FAMILIES AND EVEN SOULS . All the Governing Bodies i.e., the 3 +1 Pillars of our Constitution are to be made aware of the real ground facts like the Statistics of 2011 AND, ALSO TO KEEP SUPREME COURT FULL BENCH SEPARATELY AS THE CONSTITUTIONAL AUTHORITY OVER ALL THE BODIES . more
Mar 31
