Constitution & judiciary
A Philosophy how, 'Only Judiciary can save'
Friends,
I am starting a new series on Constitution & judiciary for a little more awareness of the people;
1.That in a democracy people are always paramount and it is the inherent duty of the Executive, the Legislature and the Judiciary to perform meaningful roles in making the lives of the people dignified and happy (page 5 of the book).
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
India has usually been in the grip of poverty, illiteracy, shortage of water and electricity and dangerously depleting environment and rising unemployment etc... This calls for governments that are capable of addressing these maladies and fulfilling the objectives of the Constitution
Establishing governments, is subject matter of the Constitution. Since Judiciary being its custodian, they may please establish such governments to ensure compliance of the Constitution. For more please refer the book.
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
Not by charity, not by dole-outs, which are human rights violations and abuse of Parts III and IV of the Constitution; our people must be able to feed by themselves naturally and with dignity.
Since the above being violations of Human Rights, Judiciary may please take steps to overcome the same. (Page 18 of the book).
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
Judiciary needs to establish an effective system of checks and balances (third eye) to stop defiance of the Constitution and ensure prudent implementation of the Constitution by the governments. (Page 19 of the book).
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
1.Friends, my various posts on role of Judiciary, are also corroborated by the CJI Hon’ble Mr Ranjan Gogoi as narrated below;
Not heeding advice of Constitution will result in descent into
Chaos, says Chief Justice Gogoi”. [Hindustan Times, Nov. 26,
2018. (PTI)]
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
1.I would submit to the learned Judiciary, to uphold the Directive Principles (Part IV of the Constitution) and direct the governments, to create conditions and avenues for self-determination of the people and stop age old regressive and parasitic practices to uplift the people.
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
1.The Judiciary has said, that under the Constitution, every citizen is guaranteed the right to lead a dignified life (clippings 60, 60A of the book).
The Judiciary also admits that they are the “watchdog” of the governments, to check on regressive practices that violate Parts III and IV of the Constitution.
Let the people of India pray the learned judiciary to direct the governments to implementing the Constitution.
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
Constitution says that: “Judicial power also includes the power to take corrective action whenever other government branches fail in their duty to respect the rights of the citizens and protect them.” K.G. Balakrishnan, CJI (Clipping 2) (Page 19 of the book).
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
Human Rights -I
The basic incumbency of a nation is to take care of the
human rights (basic objectives) of its people, and keep
them happy and satisfied. A disgruntled society besides,
being a blemish, may also lead to instability of the
nation..
Learned judiciary may please direct the
governments to uphold the Constitution and fulfil the
human rights of the people. (Page.119 of the book).
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
Human Rights -II
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights (basic objectives of the Constitution), should be protected by the Judiciary, by the rule of law (Page.121of the book).
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
Human Rights –III
For the governing guardians (Legislature and Executive), to only “strive“(Articles 37 & 38), and not be able to achieve the ‘Basic Objectives’ is a betrayal and is tantamount to treachery with the people.
Judiciary may please direct the governments to fulfil the objectives of the Constitution.
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
Human Rights –IV
The Supreme Court of India also pronounces that Part IV, Directive Principles, is fundamental to the governance of the country and has to run subsidiary to Part III — Fundamental Rights in accomplishing its objectives (Page.135 of the book).
Judiciary may therefore, direct the governments to comply this Constitutional requirements.
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
The Judiciary is required to uphold the reverence and dignity of the Constitution and desist the governing guardians from defying and undermining the Constitution.
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
Purpose of Constitution: The only purpose of Constitution is;
“Integrity of the Nation and Wellbeing of the people”.
To uphold the basic purpose of Constitution, it is incumbent on part of the learned Judiciary, to interpret and implement the Constitution prudently, to accomplish these objectives.
For example, permitting, ‘freebies and allurements’ during elections and allowing ‘tainted persons’ in governance are glaring examples of unmindful interpretation and imprudent implementation of the Constitution.
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
The rule of law is the legal principle, that law should govern a nation as opposed to being governed by arbitrary (despotic) and self-seeking decisions of individual governments. (Page 425 of the book).
An outrageous example: ’Parliament will decide, who is tainted?’(Clippings 84B & C of the book).
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
Implementation of the Constitution:
- Every society and country must understand its ‘human
Rights’!
- Long-term reliefs and subsidies by the government to alleviate poverty are indicative of government’s insensitivity and failures.
- They are also violations of human rights and defiance of the Constitution.
- Persistent Human Rights Violations (HRV’s) is a dangerous situation, for long term peace and tranquility of the nation. (Page 140 of the book).
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
PURPOSE OF CONSTITUTION
The Constitution of a country is a sacred document to be revered and practiced by all (governments and the people) with utmost sincerity, devotion, honesty, and purpose of duty. The basic spirit behind each Constitution is to upkeep the human rights (Page 141 of the book).
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
PREROGATIVE POWERS OF JUDICIARY
The Judiciary of India is empowered to interpret and protect its Constitution from abuse and ensure its compliance in true letter and spirit (P.156).
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
TRUE INTERPRETATION OF THE CONSTITUTION
A true interpretation of the provisions of the Constitution by the learned Judiciary; upholding the ‘law of humanity’, can surely usher in a purposeful path for our governing guardians to follow and pull the nation out of its shambles to a prosperous and glorious tomorrow as prayed in Chapter 7 of the book).
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
Judiciary, the custodian and implementer of the Constitution:
Judiciary is our Guardian angel and people of India have full faith in it. I am sure, it shall rise to rescue people from the present shambles to prosperity and happiness (Page 213 of the book).
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
To uphold the Constitution:
To make it happen, it is essential, to implement some essential ‘Electoral Reforms’ as described below;
- Stop freebies:
- Stop nagging and accusing each other
- Banish criminalization of politics
- Judiciary to play a ‘third eye’ to uphold the dignity and reverence of the Constitution.
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
Purpose of Electoral Reforms
- Reforms are vital to re-assuring allegiance of the political parties and candidates to our revered Constitution and their commitment to abiding by and fulfilling its basic objectives.
- Reforms is a mechanism for electing worthy guardians, capable of building the nation and pulling the suffering people out of their miseries and settle them in a dignified way.
- Reforms shall also protect India’s wealth from getting auctioned as allurement for votes. The wealth of the nation is meant for development and creating means for living and avenues for employment. In absence of tangible development, India’s unemployment is rising exponentially.
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
Role of Judiciary as the final arbiter:
The Judiciary interprets the Constitution as its final arbiter. It is its duty as mandated by the Constitution, to be its watchdog, by calling for scrutiny of any act of the legislature or the executive defying the Constitution.
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
II. Judiciary the Protector:
Judiciary acts like a guardian, in protecting the fundamental rights of the people, as enshrined in the Constitution, from infringement by any organ of the state.
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
III Powers of Judiciary:
Judiciary is expected to remain unaffected by pulls and pressures exerted by other branches of the state, citizens or interest groups.
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
IV. Independence of Judiciary
Independence of judiciary is a basic feature of the Constitution and which being inalienable, has come to mean - that which cannot be taken away from it by any act or amendment by the legislature or the executive (Page 238-240 of the book).
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)
71ST REPUBLIC DAY 26TH January, 2020
Today comes the day for the people of India, to pledge our allegiance with the revered Constitution.
And for Judiciary to pledge, to not only uphold the Constitution, but also ensure tits prudent implementation by the governments.
HAPPY AND PURPOSEFUL 71ST REPUBLIC DAY
K C Agrawal, author, ‘India in Chaos, Only Judiciary can Save’
(www.indiainchaos.com)