Supreme Court of India has to interpret laws in true spirit of the human rights
Nehruvian Congress a political party of India had ruled India for more than six decades with small breaks. During these six decades, it has ruled 30 years with absolute majority. 2 years with absolute autocracy, and remaining period with majority.
Despite of this, it has made more than 100 amendments in the Indian Constitution, In the name of public interest.
Was it necessary?
When this Congress party is addressed as Nehruvian Congress, there is a purpose.
You cannot say this Congress as “Indian Nation Congress Party” though on record it is like that.
This name has given, and still it gives, a very wrong message that this is the same Congress Party that gave big contribution, to make India independent from foreign rule.
This matter has been discussed by me in Gujarati language on my website (TreenetramDOTwordpressDOTwwwDOTcom)
If it has to be told in brief, than we can say that a person is identified by its culture. Culture can be identified by its behaviour. The behaviour is experienced or being experienced or it is on record.
WHAT IS EXPECTED FROM A CULTURED PERSON?
Suppose you are A and the other is B.
A and B both had respect for each others.
A is communicating with B.
B suddenly stopped communication with A. A got confused.
It was an insult indirectly but direct. A felt so.
Instead of being emotional, A asked B. B kept mum.
The reason was unknown to A. Even though A is open at heart, there was no way for A as to how A can correct itself? B has to be transparent.
A cultured society maintains democracy and transparency.
A human is prone to commit mistake and error, knowingly or unknowingly.
The democracy provide scope for correction of individuals. To ask the other person for a clarification is the democratic cultured mindset. If the a behaviour or belief of A or B is not liked to B or A as the case may be. This thing to get clarified is advisable.
Because after all, all of us are here for pleasure and spread pleasure.
One cannot hurt a person and boycott that person without asking that person to clarify.
What applies to person to person (He to She, He to He, She to She or whatsoever) that applies to political parties too.
This is universal. If the cap fits to She or He can review her/his action. This is necessary to give a chance to a person to correct itself. This is called democratic and humanitarian mind set.
Here the subject is the so called Indian National Congress Party.
Let us come to the point of above Congress.
This Congress has always been run by Nehruvians after the independence since 1947. The Congress had been founded by Hume, a British, in nineteenth century. It was a party of white collars. When MK Gandhi came to India and he joined the Congress, he made it open for the whole mass of India irrespective of caste and economical status.
The intention had been changed from “Acting as an agency to be interface between British and people of India” to “Home Rule” and then to “Complete Independence”.
MK Gandhi thought that without involving mass, India cannot achieve proper independence with the tool of Non-violence. This was the culture of Congress at that time. In nineteen thirties, it had also passed a resolution that India would be a democratic country and it will have a written constitution.
The big question is what is democracy?
According to MK Gandhi, the definition of democracy is the political system under which “the truth is heard and the truth is honoured”. MK Gandhi more specifically called “Rama Rajya” means the way Lord Rama ruled India.
Who was Rama?
Rama was a king emperor of India walked on this earth, some 6000 years back from now.
What were the main political features of Rama.
(1) The ruler (king) has to rule as per the accepted legal and social traditions prevailing in the society.
(2) The ruler has only executive authority,
(3) Ruler is not authorised to make any change in the rule and traditions,
(4) The authority for making any change in a rule or tradition is the people
The group of preacher (teachers) will decide the method of finding out the way to decide peoples desire to change.
(5) The preachers (Teachers) will have no executive power.
We know the details of life of Rama and his wife Sita.
How did people behave?
How did Rama behave?
How did the group of teachers headed by Vashishtha behave and what was the result?
How did Rama honoured the controversial truth which was against a tradition (which still prevails in the democratic countries of world ) which he could not challenge to prove it as a falsehood?
The challenge had come from a very lower class poor person. But it was honoured by Rama.
Rama has been taken as an incarnation of Sun God (Vishnu), not because he won a lot wars. Rama was taken as an incarnation of Sun God because he discharged his duty very efficiently. He maintained law and order in democratic way.
Now here, in the present period, who has to act as a Rama? Who has to act as the team of teachers? Who has to propose reforms?
The head of the elected representatives are Rama.
We have a method of electing representatives under Indian Constitution. Off course the elections have to be proper and fair.
But the system was no fair enough for four decades. In 1988, VP Singh appointed Shesan as the Chief Election Commissioner, who enforced election provisions provided under law, very firmly. Till then, unless there was a flood against Nehruvian Congress, the Nehruvian Congress had never faced a defeat.
But after the enforcement of law strictly, the Nehruvian Congress could not get clear majority at any time.
This means, rules are there, but the interpretation has either not been made properly by the ruler in execution
the Supreme Court has not been asked to interpret the law,
the Supreme Court has not intervene of its own, to interpret any rule which could not protect the constitutional rights of citizens.
In fact, if the Supreme Court of India interprets the provisions of the Indian Constitution, in relevance to the human rights and natural rights, there is no need to enact further Acts.
Now let us look at the democratic rights based on and prevailed under the rule of Rama.
(1) The ruler has only executive authority: Why?
It is natural that some body has to take the responsibility of execution of rule.
(2) Ruler is not authorised to make any change in rule and traditions: Why?
Because if ruler is authorized to make changes, then the ruler will make the changes which are beneficial to that ruler only.
This has been very well experienced by India, during the rule of Jawaharlal Nehru, Indira Nehru and Rajiv Gandhi.
As for changes made in laws, by Indira NehruGandhi, one can write a thick Book like epic “Maha Bharata”. We will look into it, on the day of anniversary of “Emergency imposed by Indira in 1975.
(3) The authority for making any change in a tradition is the people: Why?
It is only the people are suffering. They are suffering due to any law or tradition and the rule is defective and required to be modified to meet with the protection of human rights. That is why the proposals should also come up from the mass. the mass includes teachers, experts, leaders of political parties etc… They cn come up through media or/and common platforms. Then political parties will draft a bill in consultation with experts and put it before public through the party’s election manifesto. If that party wins the elections, then the bill can be passed in parliament.
(4) The group of preacher (teachers) will decide the method of finding out the way to decide peoples’ desire to change the law: Why?
This is in fact drafting a bill. Supreme Court can re-examine or ask an expert committee to review the draft or bill or law.
(5) The preachers (Teachers) will have no executive power. Why?
Executive power has been entrusted with the ruler. And if preachers are entrusted with executive power then they become ruler. In these circumstances the ruler will get the power to change the law. In fact we want to deprive the ruler from using the power of making changes in the law, unless it has been proposed or permitted by the mass.
We want a system which enables the truth to be heard and honoured.
We do not want to promote old type of Rama Rajya. We want Rama Rajya where Sita the wife of Rama too gets justice.
How did Nehruvian Congress fail to provide justice to the mass by not protecting human rights?
In 1950-s, there were some scandals. But the then Prime Minister Javaharlal Nehru told the parliament that “we will not attend the scandals. You put before the public. Public would decide in the next election.”
A poor lot was remaining poor. JL Nehru introduced reservation for lower class, instead of providing employment with dignified salary to all poor mass. This was the foundation of Vote Bank politics.
MK Gandhi had said in his book, written somewhere in 1930-s, to first concentrate on cottage industries and education. But Nehru overlooked.
MK Gandhi had asked complete prohibition of liquor, to prevent the poor and illiterate mass from domestic economical anarchy. But Nehru ignored it.
Contrary to this, the successive government encouraged the relaxation in Prohibition on Liquor enacted under British Rule in Bombay State.
In many other ways, the Congress existed before independence lost its character after independence. That is why person like me address this Congress as Indian Nehruvian Congress Party, in place of Indian National Congress Party.
Why did Supreme Court fail to supervise the human rights?
There was no provision in Indian Constitution to take up the issue before the Court of Law, unless some one is affected adversely by any act or whatsoever.
P. I. L.
The First Non-Congress Congress government headed by Morarji Desai, enacted the provision of “Public Interest Litigation”.
This provision provides, any citizen to go before the High Court of a state or before the Supreme Court to declare specified law as null and void, as it is harmful to human right. Supreme Court would either ask the Government to amend the law suitably or to drop it or to re-frame it.
But why there should be a Public Litigation Act? In fact it is inbuilt in democracy that any law becomes null and void if it harms a human right.
Why this act is needed?
You have appointed a servant to whom you pay against the duty you have asked to perform.
Now suppose you gave him some money to purchase some vegetable.
You have the right to tell that person as to what he has to purchase and from where he should purchase, how he has to purchase and how much he has to purchase.
When he comes back, it is your right to ask the person, to tell you the full information. It is the right of the person who gave the earned money for a purpose to a person who has been employed on payment.
Now what did the Congress do?
It restricted the right by enacting the act and provided lot exceptions. The act became nail-less to great extent.
Consumer Protection Act
You have the full liberty to select the item, the amount, the way and the quantity to spend the money you have earned.
The right to selection, the right to quality, the right to know the contents, the right to compare the prices, the right to enjoy options, the right to have the record of your purchase. All these rights are inbuilt rights under human rights.
Right to “call back” the elected representative.
This act yet not been enacted.
But it can be interpreted as inbuilt right to human right.
You are selecting your representative to represent and execute, your view, desire, security and welfare.
You are paying the representative for that duties.
There is a system of payment by Tax. This is called public fund.
There is a system for selecting person. This is called system of elections.
Somehow jointly, you have selected a person of your geographical area for 5 years.
Now suppose this person increases its own monthly payment without your permission,
Suppose this person shows negligence on your security,
Suppose this person hides the facts,
Suppose this person making joint ventures with your recognized enemy,
Suppose you have lost faith in this person and you feel to terminate its services.
Definitely it is your inbuilt human right to terminate the services of this person at any time as soon as you feel that this person is not faithful.
Terminate the services of a person whom you have elected is termed as “Call Him/Her Back”.
This “Right to call back” has not been enacted yet. But such right to call back is inbuilt right in democracy.
How to call a person back if there is no system constituted in the Indian Constitution.
Let us take an example:
In 1971 Nehruvian Congress had won 140 seats out of 163 seats of Gujarat State Assembly.
The said government lost the faith of public. Its governance was full of scandals and frauds. People of Gujarat were highly dissatisfied by the government. It became a hot issue of discussion as to how to call, all the elected members of the state assembly, back.
People had to lodge a wide spread agitation and asked the representatives to resign. But Nehruvian Congress Members did not pay any heed and did not resign.
All the opposition party members had resigned. There was a very big mass movement in Gujarat. This was known as Nava-Nirman-Stir (A movement for Reconstruction of State Assembly). It is a long story as to how it became successful and at what cost.
But how to achieve this success, without loss of blood?
What do we do in a normal housing society?
20 percent members can ask the president of the society to call for an extra-ordinary general meeting with an agenda.
Here, in the “Call them Back” case, 20 percent voters of that area can submit an affidavit before the Election Officer, asking the election officer to conduct a vote of confidence in respect of the elected member.
If the representative secures 50+ percent of the votes polled, he would be continued as the representative, otherwise by-elections would be conducted for that assembly seat.
This means that only interpretation or directives are required for fulfillment of any human right, from the Supreme Court.
Shirish M. Dave
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