Comments on Uberrima Fides - Utmost Good Faith

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dr g balakrishnan

dr g balakrishnan

Wrote on 12 February 2017  

Nothing is a free interpretation that is called good will. constitution has to be read by constitutional interpretation like wise every branch of law is covered under its specific interpretation principle. if man doesn't understand, God only should help such a person; when we see mr thambhidurai supporter of ms sashikala i=understands precious little of interpretations; i sometimes wonder how he can be a deputy speaker, if he cannot interpret parliamentary doctrine of interpretation procedure.



dr g balakrishnan

dr g balakrishnan

Wrote on 12 February 2017  

see sashikala doesn't understand the Art 164(4) is the clear discretion of the governor not her prerogative; that is uberrima doctrine. she says her new tactics of hunger strike idea would send message to the world she is herself some one not approaching with clean hands; if she has the following that following need to be permanent in her favor if not again clear message is she has given by her actions of playing tactics some how she needs to usurp the government is the clear message she gives when so where is good will she claims?



dr g balakrishnan

dr g balakrishnan

Wrote on 11 February 2017  

the doctrine of 'Uberima' is a well thought out paradigm...



dr g balakrishnan

dr g balakrishnan

Wrote on 11 February 2017  

see in AIADMK split now destined to happen die to two opposing forces - one talks about the 'grassroot party men need to elect general secretary of the party not just be MLAs alone (divine thought of godliness); while the other MLAs themselves would do - factum remains MLAs life is just five years only from the date of election unless determined by any eventuality to cut short within that period a possibility (demonic energy) , but the life of grassroot worker (divine energy) is permanent so long as he is wedded to the party principle... so divine energy being longstanding while demonic is just short survival, the general secretary position of the party ought to be decided by 'grass-root workers only is the doctrine of rule of law of the very party foundation; that means sashikala unless the grassroot workers elect her to be their general secretary, she cannot claim that position with relevant powers; so her actions obviously is unconstitutional per se the party constitution, so very Election commission questioned the propriety as to how she occupies the post of general secretary; again she cannot obviously claim any right to be the chief minister unless 'grass-root workers' confirm her by general body; that situation provides, 'leeway to the governor to delay the decision, to swear the next CM, so obviously governor is 'not at any fault'; but the very 'very MLAs themselves are the architects of the great 'confused state in T'N', can be derived.



dr g balakrishnan

dr g balakrishnan

Wrote on 11 February 2017  

Uberima doctrine is well explained in Udgita Brahmmana in 'Brihadaranya Upanishad - Udgitha s3c III, Stanza.1 - 'The offsprings of 'prajapathi' (opposing energies of divine and demonic energy-forces) were indeed 'two-fold: the divine (gods) and the demons (secular -= worldly forces of 'selfishness'), indeed divine = divine energies( working under dharmic forces called 'rule of divine-law energies being very simple and easily any one can follow if one controls one's own 'selfish interests) are far fewer in number of energies. The divine in man and demon in man are( 'rolled in', together in very man himself) rivals time and again with each other energies.. So, the godliness in him says, 'Let us now surpass the 'demon (worldly aspirations of selfishness (held in is mutual assured destruction energies), in the 'sacrifice through 'udgita' ( chanter of second chapter of samaveda hymn with a mystic syllable OM is called 'udgita' )...one if gives up 'selfishness ' in the interest of 'world well-being'- that is called 'divine' ...



dr g balakrishnan

dr g balakrishnan

Wrote on 09 February 2017  

that way we carved out Art 14 r/w Art 13



dr g balakrishnan

dr g balakrishnan

Wrote on 09 February 2017  

same issue prevails in TN today to nomination; opinion; noe election commission vetoed her election as general secretary another serious set back; proposer OPS withdrew his proposer status, naturally without 'proposer' ; on the basis of 'seconders' how sashilala can proceed to parade MLAs, before governor; , to parade by her' so called MLAs' , another legal position need to be examined by governor if she doesn't want; she is in big hurry ; that shows she lacks patience, a necessary requisite to be a CM or PM; if they act without 'patience', obviously very big problems do arise; as it is happening for Modi simply he took on ex PM Manmohan singh; that is leading to present lok sabha happenings today in parliament (lok sabha) - importance of facing any situation with calm and patience are necessary ore-requite i believe.



dr g balakrishnan

dr g balakrishnan

Wrote on 09 February 2017  

utmost faith is also the basic fundamental duty as also right.


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