A Constitution is not the act of the government, but people constituting the Government

Thomas Paine contended, and Americans founded Pensylvania in his name, after Thomas Paine - an analysis of imipact on any modern constitution when assessed with his great thought!

‘A Constitution always emanates from the ‘thinking people', not from just ‘law makers’ called Legislators(politicians) - - what a great thought ? of a great person in Paine.

See in India, the ‘governments think’ - they are the founders of the constitution and so they can be ‘final arbiters’, on people’s rights, a fact, ‘while the fact is diametrically opposite’.

When I see today, the BJP government in power wants to squander your biometrics in Aadhar that too in fact ‘arbirally’, unilaterally, as if you as the owner of biometrics, as if ‘ not real owners’ ; you don’t have the power to decide on your own ‘biometrics’, what an irony and mockery?

I wonder , why under what ‘kind of great ‘genius’, the great man in Dr. Manmohan Singh wanted UDAI idea to issue Aadhar cards abt some cost of Rs.40,000 crores when country is really reeling under ‘one economic crisis or the other’, since 1991; further contributed and aggravated by ‘subprime’ crisis of the Americans in 2007-08.

You should know ‘ Economy’ moves on human behavior ideologies. And ideocentricities. These do happen of the political behavior of politicians rather than very people as people are goaded to do this and that by so called inane ‘Finance policies’ promoted by the political government in power just driving its MPs to be just ‘Yesmen’ called, ‘Yes Minister’, perceptions.!

This obviously shows your MPs some useless men you elected as your representatives, in fact, these worthies obviously lack common sense or wisdom, but tied to some ‘terrorists’ called ‘ ‘(politicians’ in power); why don’t we treat these politicians as real ‘terrorists’ is indeed a serious question before very people who elected them - that way how Paine rightly said- ‘, A Constitution always emanates from the ‘thinking people’ , not from just ‘law makers’ called Legislators(politicians)

You all know you, ‘India has constitutional Fundamental rights, well protected, by Art 13 r/w Art 368 - again by the doctrine of basic tenets of the Constitution of India , in strict terms as expounded very well by the 13 member bench of the Hon'ble SC in the historical case ‘Kesavanandah Bharati v State of Kerala.

A ‘constitution is a thing, antecedent to a Government’, Paine rightly said when founded the American Constitution, the government is (just) a ‘creature of the Constitution’ that way it (Government is to be the servant of the master called (people) who gave the ‘Constitution’ of the country concerned, to be followed strictly to the letter and spirit of the Constitution, not to be amended on and off as per the whim and fancies of politicians in power..is the summum bonum (substance) of his ‘robust thought’, in those times - today where have gone the’ robust thoughts of yore’?

See, in Gita Upadesh, Lord Krishna rightly said, man has to have ‘robust thoughts’ else so called ‘Good and Evil are two sides of the very same man like a coin is.- he becomes so called ‘Good and Evil’, himself, by his own greed parameters.

For example, Oxygen is good for humans and Agriculture, that led to deforestation that deteriorated the forest wealth, that way, man got food he needs but the animals world lost its natural life in forest conditions;

Forests only help the healthy life of animals, so afforestation is vital; ‘deforestation’ gives man free lands to build his mansions, buildings, that deny the natural habitats of the forest areas.

Agriculture gives the man his assured supply of food grains all round the year; but made the man just lazy and weak as also equally affected the animal kingdom; the man just depended on so called medicines excessively. Followed by surgeries - making man waste the natural resources of scarce commodities - right from mineral wealth needed for soil stability, for he extracts minerals, oils, and what not - What is good for man ‘obviously bad’, for every other being.

For aerobic creatures, Oxygen is not desirable besides being harmful to them - you cannot find too many nightingales or larks etc for their staying power is affected by excess supply of Oxygen for man to be alive - you see air conditioning gives man some cooling at what cost, (not only in money terms only but in general health terms besides in many aspects in many areas ).

Lord Krishna in Gita says, the love for ‘dice playing’ in Yudhistra landed him to such a massive downfall as he did not mind to bet on his brothers and his own wife in Madam Draupathy and lost all of them. The strategy used by the uncle of Kauravas, called ‘Saguni’ who knew the weakness of Yudhistra.

Similarly, politicians use ‘your weaknesses and vulnerabilities, as citizens’ and use like ‘Saguni’ in Mahabharata days, that way people today suffer.

Never ever be a slave, to anything, if by chance, if you are; naturally, you will face all evils of all kinds of miseries, that is great lesson Gita teaches through the great epic called ‘Mahabhartha’, to, by 
Lord Krishna.

That attitude of great ‘greed’ or ‘excessive love for anything’ would land you in all kinds of troubles that is taught by Gita Upadesh.

One ought to know, that you need to control your desires, if not you are very near to destruction you ought to face.

Gautam Buddha realized the defect of ‘excessive desire'; so he left his kingdom and everyone near and dear, so that you are yourself in control, else you are close to your own destruction that he said -

whether Dalits do follow his preachings - obviously not, a ‘big NO’, indeed.

So ALSO the BC/OBCs lost their track by resorting to ‘creamy layer’ idea touted by Karunakaran, a CM of Kerala.

Obviously ‘ this was spear headed’ by VP Singh as PM of India then - just to build his own vote bank politics of ‘BC/OBC’ in the then Uttar Pradesh, however, lop sided was ‘Mandal commission report full of all kinds of statistical errors’ - for he was greedy to become PM at all costs, (a theory used by all kinds of politicians, for ‘though he was ‘not well qualified not even reasonably qualified. except he was some Raja or some King by his heredity, otherwise ‘no other ability otherwise’

- so it is always said:

‘Never hand over power to ‘lazy and greedy men’, for they would ‘use you’, for anything, they need to accomplish, for their own good.’

Care is very important than anything else.

Politicians would force you to do all wrongs and they would not hesitate to punish you as a citizen - however great citizen you are.

Same way, SC/STs used similar ‘creamy layer ‘ ideas’.

In fact, very poor people among SC/STs as also BC/ OBCs , lost out every thing to the well today men in their own communities.

That is a lesson one needs to understand.

In Gita Upanishad, Lord Krishna says very beautifully:

‘If you are not careful or if you are careless, you are bound to suffer all kinds of  Humiliations’.

He also succinctly says, any greed or excess desires in you, ‘would not go unpunished’. But, in fact, man suffers from all kind of excess desires or greeds, that would definitely land him in all kinds of ‘problems or miseries’ is the obvious reality.

Lazy men among poor agriculture labor wanted the NREGA benefits, that only landed them in so called Aadhar biometric issues ; that put even very hard working people to have biometric Aadhar cards, politicians try to invade your privacy of your own biometric details; besides, lazy poor men want more wages not affordable by agriculturists, as such, that led to more lazy men created by ‘politics of laziness’ doctrine played by politicians, just to cow down the citizens to do anything for politicians and politics;

That way, politicians greed goes beyond bounds;

In fact ‘No politician is paying you from his pocket but just pays you from your own moneys you paid by way of taxes indirect or indirect taxes , besides short falls are met from other tax payers funds in exchequer, that way the politicians gulp a lot of your own taxes but s paying you and others from your own tax payments invariably

- Worst kind of robbers are the politicians anywhere

- So you can realize so called ‘Good ‘ you are getting from your own taxed funds besides lions share is taken away by the politicians themselves that led to the development of people in India,

Some Sashikalas, O.Panneerselvams, Edapadi Palanoswamy, Laloo Prasad yYdavs, Mulayam Singh Yadavs, Modis, Sonia Gandhi, Karunanidhi's, Stalins, communist leaders, some Chavans, and some Siddaramaiahs, so many BJP men in power;

besides these worthies float their own universities or schools to get ‘your lavish donations’ (but you are led to believe these worthies really helped your wards ‘useless’ education ideas;

As all their ‘easy money’ , none pays you,;

being ‘politicians but political business’ is the ‘most lucrative business of all businesses in the country’

- see after Nationalization of Banks from private hands the government again squeezes you by way of all kinds of loans, and what not? Then the very government under so called NPA ideas again squeezes you by the government dispensation like funny legless laws or statutes, but you are forced to obey, else punishments met out on you;

So one greed leads to another;

See government servants paid more salaries without relevance to performance, under so called ‘pay commissions’ dispensed under so called terms of reference issued by the governments in power under so called ideas of ‘consumer price index’ and whole sale price index resulting in dispensing a heavy payouts to government servants - and such pay outs are again absorbed in further higher prices these hapless men pay for their own needs - this way government servants are easily forced to meet higher consumer price index resulting in further inflation that means your rupees are systematically battered in such a way your cash has n value - how long this decrease in value of cash is sustainable is anybody's guess.

Further, these politicians misuse all levels of public servants as their own domestic servants, all of you have seen, just because the pay commissions increased the wages and allowances without any relation to performance after all performance ought to be measured in terms of the services rendered to the ‘public’ at large;

Shameless public servants are happy to be the servants of politicians but not to the citizens and people;

People are raped by politicians and their kids, as police man you shamelessly tow the line of politicians just because of excess greed you are now used to;

One so called ‘good’, how many evils spurt out you can see. So Paine rightly said, citizen is the right sovereign but the sovereign is in house arrest both politicians and public servants just rape the citizens just due to excess greed, and the vice of excess desire all of you suffer from.

 

Published in Constitutional Law
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