Comments on Prospective over ruling - A critique

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dr g balakrishnan

dr g balakrishnan

Wrote on 23 June 2017  

Right sir, have a very nice day for you too' tks n regds,



N.K.Assumi

N.K.Assumi

Wrote on 23 June 2017  

The choice is ours and ours only. Have a Nice Day.



dr g balakrishnan

dr g balakrishnan

Wrote on 23 June 2017  

true dr Assumi. Hobbes statements are always true just because it is a universal truth. potential to damages are always quite a lot.



N.K.Assumi

N.K.Assumi

Wrote on 23 June 2017  

Dr, You remind me of Thomas Hobbes words of wisdom: "If any person's potentialities to do good were severely limited, everyone's opportunity to do damage was always immense". This remarkable words of Thomas Hobbes, is applicable both within the State and State in relation with other States: that is under international laws and in domestic laws.



dr g balakrishnan

dr g balakrishnan

Wrote on 22 June 2017  

dear mr Asumi u r right, but see our IAS or IPS services failed by being the hechmen of the parties in poer , so no all india service can work, but we ought to have conscience that we cannot pledge with any but we ought to be faithful to ourselves not to others that way we can build modern india if not we may face sooner some Egypt or Libyan situations i don't wish , for it will take a toll on innocent lives but if forced we have to accept. tks



dr g balakrishnan

dr g balakrishnan

Wrote on 22 June 2017  

India is ruled by party dictatorship see her BJP and RSS s trying to over rule the mind of MPs ,MLAs, why these persons have to oblige they re to account to their constituencies individually not through the part leadership - thes defacto reps ought to act and look for independent president who can act independently friends - we don't need rubber stamp presidents any more and any longer.



dr g balakrishnan

dr g balakrishnan

Wrote on 22 June 2017  

Here too if the president of india is an independent mind person - my suggestion -Let all MPs, and MLAs choose for conscience vote, let there be 'No whip' by any party ,let there be all names now mentioned by all political parties, after all every MP or MLA is equal to PM or CM, given an opportunity , why he or she be goaded by the BJP PM or RSS, so also other political party leaders except they propose names - Ms, Meera kumar, Kovind, Gopal krishan Gandhi, Prakash Ambedkar, sushil kr shinde and if some more , let the MPs and MLAs finally select what name they go with that is real democratic process - else some kind of party dictatorship - india is a democracy that too very vibrant democracy, why even Indian farmers federation can nomonate dr M.S Swaminathan as he is very favorite of agriculturists.



N.K.Assumi

N.K.Assumi

Wrote on 22 June 2017  

Dear Dr.G.Balakrishnan, I have gone through your interesting article, and I can only say this: The doctrine of prospective over-ruling travelled as far as Heydon’s case, based on the famous mischief rule of interpretation, which in practised, we have even deviated the Blackstonian principles of retrospective operation as evident in the words of Mathew J: in Naryanan Nair case and the Golak Nath case etc, and of our own time judgment of Mandal commission case, “judgment to be operative after five years” and again vividly illustrated from the case of Abu Salem Abdul Qayoom Ansari “Law must melt before Justice”. The problem created is the judgments given at different times to meet the challenging times with its own peculiar problems of its times. Thus, Golak Nath case spoke of Parliament cannot amend the FR, but while over ruling Golak Nath case in Kasavananda judgment, the Supreme Court in clear terms enunciated the basic structure principles, and we now have that Supreme Court Rules 2013 Order XLVIII. Whether we like it or not, we are now living in a global village imposed by science and technology, finding ourselves physically in a world society, and in the midst of this new world order, we cannot expect our Law to be immune to all these changes, but a change, subject only and only to the good conscience of the court, and there is no other way. I am confident that there is no judge born in India, who will passed a judgment in the name of socio, economic Justice, that will bring about civil war, in the name of change. The dire needs of our time is to have a judicial cadres imbued with constitutional values and ethos, prepared to fashion new tools, forge new methods, innovate new strategies, and evolve a new jurisprudence with a sense of commitment to the constitution and not to those in power, but to the half hungry million India, who are deprived of their human rights on daily routine manner, and who are ready to use law as an instrument of achieving the constitutional values.


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