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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 August 2011

Anna hazare's demands are un-constitutional, are they?

Anna Hazare’s demands are un-constitutional because under the Constitution Parliament is supreme. Team Anna Hazare has rejected the official draft of the Lokpal Bill. The MP’s including ministers on the Government side argue that the official version of the Lokpal Bill is referred to a Standing Committee comprising MP’s, whose final draft will be placed before the Parliament and the Parliament may pass the Bill with or without amendments or may totally reject it. Under the Constitution the Parliament is supreme and no one can question their decision. As the Parliament is supreme MPs  can raise their own salaries and perks to any level and even sky is not the limit. The corrupt MP’s in the parliament shall make their own draft Lokpal Bill and pass it. Or they may pass no Lokpal Bill at all as they have been doing all these 40 years or so. People can only helplessly watch. If a Constitution gives unbridled powers to a set of corrupt people, what kind of Constitution is that? MP’s take bribe and vote a bill to please a foreign power. Even the Supreme Court cannot question them. What kind of Constitution is that?

 

MP’s, with their shameless record, quoting the Constitution to claim that Parliament is supreme, is like the Devil quoting the scriptttures.



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 8 Replies


(Guest)

one thing  it is for the people, by the people of the people.  So citizen's wish is important.  If the people of india opts for change of constitution it must do must change.  Anna hazarre effort is only  just a lighting match to the train of gun power.  Moreover the same status assumed at the time of gandhi went on fast and hunger strike.  time will change and the people will change.

B.N.Rajamohamed (advocate / commissioner of oaths)     26 August 2011

In India constitution is supreme rather than the parliament.You are wrong to say that the parliament is supreme in India. When the laws of the parliamnt are unconstitutional and violative of the fundamental rights, the supreme court can intervene suo motu to defuce it. The agitation of Anna Hazare will certainly pave way atleast to some extent to reduce corruption from the upper heirarchy. 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     26 August 2011

What constitution it can not be above people. Since system has not worked that is why a simple person like Anna has become celebrity not only in India but all over world.


(Guest)

https://timesofindia.indiatimes.com/india/Bombay-HC-clarifies-law-on-workman/opinions/5386205.cms.... Visit this link to understand the fighting spirit of a workman in india.....

Follow This Link and the case. The Outcome of this case will decide whether Anna's Demand are un-constitutional or not... This is a great story of a fight put up by a citizen of the Democratic Republic of India.....

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 August 2011

I visited link given in the post. It is a case being fought by one Ms.Vandana Dutt Joshi. It appears that she is fighting against a Bank. After several decisions against her before the Mumbai High Court, she has now approached the Supreme Court.

 

The question here is not whether what Mr. Anna Hazare is asking is Constitutional or not. What the MP’s across all parties say is that Anna cannot dictate to the Parliament that a particular version of the bill presented by him only should be accepted by the Parliament.

 

If one looks at the Constitution, what the MP’s say may be right.  But then the Constitution is defective and should be amended or discarded. Corrupt MPs’ cannot hide behind the Constitution and amass wealth.


(Guest)

Thanks for visiting this link. I posted this link to proove that every body including the Government Officials, MP, MLA and the Judiciary should come under Lokpal. The demands of Shri. Anna Hazzare are not un-constitutional. The reason for this is that whenever a system is designed and it becomes operational, For sometime it works perfect and later on when there are no checks and balances left in the system, it goes off the platform. So to have each one of us working correctly within the system, there must be some checks and balances. So that people are aware that some one is watching them.

In the case which has been reffered above. The decision was in favour of workman in the Lower court. The Bank had an option to file a Writ of Prohibition in the High court in the start of the case. They waited till the case is decided in favour of the of the Petitioner and then later on approached the High Court when a contempt was filled against them. In any case the petitioner has approached with an SLP with 12 Question of Laws (Out of which there are two frauds which are visible Face on record).

The Respondent in this case Filled an Affidavit without the permission of the Hon'ble Court and then later on when the Petitioner filled an counter Affidavit in support of her claim, the First Affidavit filled by the Respondent went missing and then the Respondent filled another Affidavit with the change contents. This is against the Law (Chapter 12 Original Side Rules of Hon'ble Mumbai High Court).  Hence a Question of Law. Similarly there are 11 more question of Law. Including a Legally incorrect Power of Attorney filled by the Respondent Bank in the Trial Court.

The question of Law only comes into picture when some of the laws which has been enacted by the Legislature has not been adhered to or some decison which is Bad in Law has come into picture. These Question will be decided by the Hon'ble Apex court as per there procedure. But the point is that if there were some checks and balances in place this stage would have not reached.

This things happen regularly in our life and it becomes more dangerous when the people are not aware about there rights and laws. They can be taken for granted.

In this case the Petitioner has put a consiederable fight with the Bank... alone and the case, now is with the Hon'ble Supreme court.

Once again thanks for visiting the Link...Do follow this case....

puneet saxena (student)     27 August 2011

the problem is that they are not our real leaders and becuase of faulty electoral sysytem they manage to win so the need  of hour is start debate on electoral reform after lokpal.this is the right time.people of india want change in system. because the momentum is there so draft on other issues should be prepared with public consultation.i have some new ideas for electoral reforms.critically examine them and add some new ideas

https://www.lawyersclubindia.com/forum/All-new-election-reforms-critically-examine--43039.asp

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     27 August 2011

Anna became the voice of people by events of history and hence won. People on the stength of screwed laws were looting openly.


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