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narayan   26 March 2017

Unconstitutional Excercise of powers by Bureaucrats

In Karnataka, periodic hike in KSRTC/BMRTC Tariff very frequently is effected by the Bureaucrats at their whims n fancy UNCONSTITUTIONALLY: against the WILL of the people.The actual procedure being that the concerned minister must propose in the Legislative Assembly, discuss with the oppostion, arrive at a conclusion n after the Governors approval Hike is effected. This is the system followed by Railways in the centre. Do we have a different Law at the State Level. Are Bureaucrats not exceeding their Limits into the domain of the Legislature favouring a corrupted LOBBY ? Pls GUIDE.Could a PIL be filed to declare the Ammendments (on which authority Bureaucrats Hike) as Ultra vires...??


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 6 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     26 March 2017

You are mixing budget with tariff. Of course, budget is introduced before the legislature as a Finance Bill and needs to be passed by the House. Not tariff; tariff fixation is a purely executive and administrative function and not subject to prior legislative approval.

Though, even executive function cannot be arbitrary but I doubt any Court is going to entertain a Writ Petition against tariff fixation unless it is SO OVERWHELMINGLY SHOCKING that it has no possible relation to, or justification in, powers bestowed upon the executive. Even then, note that constitutionality of a law approving the imposition of a tariff is one thing; legality of rates of tariff so imposed is a completely different thing. 

In short, forget challenging 'constitutionality' of tariff.

narayan   26 March 2017

Thank You Atulji for you valuable feedback. In most states, the Budget subsidises the tariff. But in Karnataka, the % of budgetary support to subsidise is very less. So common man in Karnataka is suffering a lot compared to common man in other states. Only Judicial Activism can root out the Corrupt Lobby.

Dr. Atul [9013898936] (Lawyer, Scholar)     26 March 2017

Originally posted by : narayan
In most states, the Budget subsidises the tariff. But in Karnataka, the % of budgetary support to subsidise is very less. So common man in Karnataka is suffering a lot compared to common man in other states.

 

There you raise the fundamental question of judicial activisim vs. judicial restraint and I'm sure you can find enough material on the topic. Suffice it to say that if the legislature (State or Central) considers it fit to enhance, lower, revise or even revoke and abolish subsidies, judiciary is nobody to interfere in that.

dr g balakrishnan (advocate/counsel supreme court)     11 April 2017

i wonder the advice part here. why the same advisors do not talk about the failure of the political parties in power never ever fulfilled their commitments of their own manifestos. the political parties in power failed in their commitments that itself disqualifies them to be law makers as such why so called lawyers don't question ? if we need help from such lawyers, what idea they would give you.

 

Obviously, subordinate legislation is called the Executive orders based on so called illegally framed Acts and people don't question the very statutes as such, obviously you have to question such so called statutes under judicial reviews by testing under the anvils of constitutional basic tenets read with your own fundamental rights. then you will know how to go about your issue, tks 

dr g balakrishnan (advocate/counsel supreme court)     11 April 2017

very governments basically exceed their powers of law making and that fuels the excutive to be arbitrary ; nothing can take refuge under so called tariff of any kind.

see now TN farmers re at delhi befre PMO seeking Modi's intervention, but you see the relevant minister says  the govt cannot help them when you read with Madras High Court decicsion recently asking the state of TN to waive the farmers loans as the revenue principle is in draught periods the  govt must stop colecting revenues from farmers - here in this sense , the govt worth the ame ought to give maratoriums to the bank loan repayments by standing guarantee to the farmers; besides the state ought to simply waive of interest part on on all agricultral loans if so naturally the farmers will not have to eat mud at delhi , that means all these governments obviously failed under governance principle in a democracy where dissent of the people has a lot of power; democracy means dissent is equally empowered.

 

you can move a PIL by properly drafting you plaint under PIL or a Writ under article 226 r/w 227.tks

 

Dr. Atul [9013898936] (Lawyer, Scholar)     11 April 2017

Now that sure is a summa-cum-laude Supreme Court Advocate's advice to file a Plaint in a Writ ...  and challenge public transport tariff through Writ Petition. Go tiger go, get-em  😁😈😁


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