For those of my learned friends who feel that our constitution was not drafted hurriedly, may I request them to study the amendments carried out by the ruling parties to suit their petty/ personal greed.
The pathetic state of "huge pending cases" in courts too has got to be studied for the basic reasons!
I support the view of author that even our constitution needs comprehensive review so that loopholes are plugged. Politicians have been interpreting the constitutional provisions according to their own benefit and take the whole legal system for a ride by supporting or opposing any matter. Division of legislative powers between union & state subjects is itself bone of contention and gives rise to multiple laws on same subjects particularly on law n order, economic & business laws, national security etc. One law on one subject across the country is need of hour.
in the case, one needs to assess, like
Right PIL. In fact JJ's time of death stated by hospital press report on 5th dec at 12 seems fudged, as it states that she died at 11.30 PM, that means she could have died much earlier; in fact she was critically ill of cardiac arrest and she was on ECMO means she died earlier; that drama is played by the party with the collusion of the hospitals to ensure OPS is elected as CM at 11 pm pr or so by calling some so called emergency meeting at the party hq or poes garden to force the MLAs to sign plain papers to be filled by the alleged 'conspiracy' group of AIADMK fellows; besides one needs to know when JJ died, she died as the CM only, OPS was only on acting CM. so the actg governor may have colluded with the party for any extraneous reasons, as Modi govt in centre might have too colluded possibly for any reasons; the fact per se constitution, when the CM died , the cabinet must get dissolved automatically like a PM if died when as PM is the constitutional interpretation. so it is obvious the AIADMK govt in TN today is obviously functioning as some extra constitutional government,
so the hon SC or the Madras HC need to call all documents from the Apollo hospital as also that of the cabinet of TN besides the documents at the office of the actg governor for right forensic examination of all papers, and issue Notice to the govt of TN. Govt of India, and to the acting governor of TN, forthwith to get at facts, lest the facts are buried; even it can order examination of JJ's dead body from the burial, as it is only just a few days have elapsed , for right forensic examination of the body and reach at the real facts; in fact her burial is indeed stage managed; by Modi coming to Madras, so too President, and others; i wonder how DMK as the leader of the opposition failed to leverage the issue to see that right constitutional governor's rule should have been in place as on date.
Today we know how the constitution is misinterpreted , see in CM ms. JJ of TN when demised , cabinet automatically is dissolved; acting CM cannot continue the government with her cabinet is the fact; then how the MLAs allowed the actg CM in OPS is again raises a lot of questions.
Thus, I do not agree to Anup's idea of reviewing the constitution.
In Medical jurisprudence, it is vital, that medical man is entrusted by the patient his or her body for necessary correction, if any ought to be done, either by medication or surgery; that is the product of 'mutual trust', on each other; if the service provider is any way in collusion with a person who admitted the patient for any reason.there is obvious 'breach of trust', that is the paradigm of Law of contracting; see a person admitted with some some fever with some other minor causes of disturbances, not normally body accepts, see ms.JJ suffered and she was cured initially is obvious when the Apollo hospitals said in its reports, JJ has recovered from her problems and fit to be discharged; but why after 70 days she got the serious problems, then 'stent' fixed in her heart indicates she had been terribly upset by some facts is very obvious, that stress only aggravated her medical problems is obvious; may be 'Sashikala's arrival' or any minister's talks with her, or any such things, besides her own near relatives were not allowed like her own niece ms,Deepa is not allowed could have caused 'serious stress' cannot be ruled out. that way Art 14 applicability r/w Art 51A of the constitution as fundamental right and/or fundamental duty comes top the rescue of the victim in Ms,JJ. that way Constitution itself a great bulwark to a common man, that way the obvious failure by criminal negligence surfaces on both the hospital and the government of TN is it not?
Obviously constitution is the most safe instrument; no need to correct it by constitutional amends but by just statures can help evolve things. so constitutions are never to be visited by amendments.
Never blame a constitution; which is made with all sincerity , may not have addressed every aspect, so the r=fundamental rights are added to remedy the problem if and when faced by the victim.
01. The Consttituion in not hurriedly formulated, drafted by the Expert, Architecture of Constitution or President of Drafting Committe,
02. Becuase Right provided by the constitution "Father of Baba" Asasram (Achha Ram) is till in jail. this beuty of our constitution writer or drafter
No doubt Indian Constitution is mostly Govt of India Act of 1935; one needs to know that Act is much superior to any statutes made by the so called Parliament right from the 1st Constitutional Amendment; after all every rule of law is based on the great respect to the 'belief' of rule of law which is obviously 'great law of contract' like a Magna carta.
Every scriptural perception is based on 'just great belief and reliance' that way human civilisation survived so far, unlike today's great idea like that of mr.Anup's';
see JJ was buried on her demise by the AIADMK men without respecting her community traditions is obvious crossings with the the paradigm of 'belief' as such;
Belief is not proved and accepted as wrong by the large section of that community irrespective of genders of the community, that belief always sustains;
Nature laws are based on 'beliefs'; cyclones are formed by Low or high pressures in the gulf or sea or ocean or anywhere; can you discount? you cannot, just your IMD's predictions turn out like astrological predictions and predilections; It could say 'Nothing; on the damages it could inflict where and when? when so do you discount the cyclones' intensity at all?
you cannot give high marks for your great scientific knowledge; so one needs to be humble;that way we came to the conclusion, 'humility ' is the virtue of man;
Today you could have seen an observation at Bombay high court by justice Patel, the Advocacy means first duty is to the court and then all other duties; i.e when today with so much of information explosion on justice delivery system. you need to quote the right citation if possible to save your client; if not you need to tell the client you cannot competently hand his matter; thus excuse yourself that is the qualification of Advocacy,,,,then you can be called a right advocate to be a member of the bar council, so it os absolutely clear what Lord Denning said in Russel v W (1996) All ER, that citation explains the role of an Advocate,
So it is most difficult to understand constitutions of the world as mostly they are propounded on the basis of 'belief' that way in 1215 AD magna carta was signed between Nobles and King John,
when any betrays trust that led to French Revolution, where the Bastile prison broke and saw the King Louis IV and his queen and dukes etc were just guillotined.
No one can be safe if you break the trust of the people is the lesson every lawyer worth his salt need to learn ; else better leave the profession is my advice to any budding lawyers; today we don't have a chamber system so we don't develop good lawyers;
Britain could rule 3/4th of the world, just because it believed in Natural justice that is enshrined in Art 14 of the very constitution of india which constitution did derive the best of best ideas of the best constitutions of the world then.
why you find fault with the constitution of india,
it is like most noise is done by the worst wheel of the cart.tks, without malice to Anup.
sorry mr Anup for your so called 'erudition' to note sir.
You need to be
logged in to post comment
You can also submit your article by sending to firstname.lastname@example.org
view more »
Our Network Sites
Join LAWyersclubindia.com and Share your Knowledge. Registered members get a chance to interact at Forum, Ask Query, Comment etc.