India cannot use prospective over ruling on govt statutes when it sets aside - see now Aadhar is revived by govt in banking transactions for sums over from rs.5000/- fact is very Aadhar Act can be set aside as it invades on Art 21, life.
Kesavanandabharati v st of Kerala rightly decided on the fundamental rights like golaknath on Art 13 and Art 31, that way art 31 and 13 is revived if you carefully go through the judgemments that resulted thanks to people like Nani Palkiwala and mr F S Nariman then.
therefore part III articles cannot be touched by any parliament is very obvious fact - if you read my article on How constitution is messed up by parliamentarians that is already on liked in , twitter, fb and all over several websites.
in Golaknath CJI K. Subbarao prosective over ruling on constitutional amendment is only a kind of Obiter dicta and some scholarly observation that does not mean Amendment 19 is not set aside - it is not the duty of the judiciary to look into economy as economy is a dicey drama that changes every now and then let the govt take care of it not for the agust courts to give countenance to economy and all that but court is only is a custodian of the constitution - prospective over ruling is normally will be in civil cases not in constitution based cases as per se ld reviews in USA law journals of universities.
as a district welfare officer in Madras state i did help a lot of Harijans to study in schools for the the directorate worked then - and a lot of girl studied in the welfare schools - but similar such harijans with new trade mark 'dalits' divided among themselves as creamy and poor but creamy simply usurped the poor harijans jobs like OBC and BC fellows but talk as if down trodden - how a creamy man is down trodden - how Indira sahani as IAS in st of kerala cadre claimed her out of turn seniority - do we see any equanimity is perceptions? sorry i feel sad for the poor ..
t think Indians lost their way of living as such.. great India.
In a vibrant democracy all opposing forces need to be heard and their view need be disseminated among all differing communities if that isn't take place what independence we fellow talk about - democracy is a place all differences just argued as was in those days of great kings and emperors in Pandian, Chola, Pallava, chera , maghadha etc kingdoms even in vijayanagar empires why even in Babar and Akbar moghul empires but today every one state gags the opposing view if so where is independence of thought? without independence of thought never knowledge improves is what is underlined in all my articles , but i find there intolerance perspectives rule see BJP never allows beef eating , OBC and BC and their creamy layers so to among SC/ST with their creamy layer is having internal conflicts between creamy and poor; and again these groups with other communities fight, what you got from independence you need to ask yourself ? besides families are torn by divorces on futile reasons as called 'cruelty', that 'cruelty' is given some statutory recognition obviously such 'irrelevant Acts' themselves the worst 'cruelty' perpetrated on your own age old customs and conventions - Marriage, is by itself , a most honored Institution, (time tested phenomenon), but questined by these so called ';tiny brained' 'law makers' - u became slave to these so called law makers who are themselves some kind of heartless usurpers/kidnappers/rsapist, if you just look at them closely- Laloos mulyams, Mayavatis,, Shashikalas , ttv Dinakarans etc) like the office of the PM or CM or the Judiciary, are not allowing the differences (like two sides of a coin), between husband and wife and vice versa '; as no one can get great 'ideal' husband or 'ideal' wife ; as no 'ideal' father and ideal mother - what i find is , that we are all heading towards some metamorphic destruction of very family system - if family system breaks down, then, there is no State at ll, if so there will be no territory and jurisdiction , - if ICJ verdict would be favoring india would india open a 'front' (war) against Pakistan?-
what a crass idea?
what 'justice' ?
we fellows talk about)
with what face you fellows as Indians say 'you are all indians' as one Nation?
when you don't have any 'unity in diversity' , among yourselves (without any caste and class distinctions) better ask yurselves and answer when you can know- 'you are one Indians - 'but divided peoples' in this sub continent called broken India/
Are we not ashamed of such divions mentally and illusory distinctions!!!!! ?hahaha
i think today OBC, other Dalits suffer from high intolerance to other communities - how the constitution of india can work - worse still is the very advocate community is equally intolerant to allow several opposing and seeking their right to live under Art 21 r/w Art 19 (1)(f). so it is obvious there is no tolerance when so that extended to families too -lot of divorces take place just out of intolerance between husband and wife - what independence we gained is the question surfaces today?
Again they can ask recall, on the ground fact - why the EPS govt heading 122 MLAs is trying to avoid JJ death inquiry by CBI, so the People of TN believes the EPS and 122 /MLAs would have played a part along with sashikala and mannargudi mafia to obviously kill JJ by one means or the other kind of suspicion is rampant - so they can force the president of India through the CJI or EC, as these institutions are peoples appointees institution via constitution of india, their - public fundamental rights can never be hijacked by Art 368 as it is is obviously has no teeth on fundamental rights enshrined in Part III of the indian constitution as very Part III is equal to Magna Carta like of 1215 on King John of England...so no force in india can vitiate that Part III under Any Articles of the constitution that way constituent assembly ensured in the constitution of india...
See TN people may seek 'recall' of EPS govt as they never ever intended when elected the govt under JJ that she would die , either OPS or EPS would form governments so they have every right under constitution to seek recall the EPS govt heading so called 122 MLAs, ; people never intended sashikala mannargudi mafia hijack the JJ govt by her doubtful circumstances of JJ's death..
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