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Loop Holes in Our Constitution

Page no : 2

Tushar Chowdhary (Lawyer/Consultant)     01 November 2009

Dear friends nice to hear from you all.

1.      Theja ji says that it is not the constitution which has loop holes whereas it’s the system which results from public. But as per my knowledge it’s very clear from the name itself that constituted the system “THE CONSTITUTION”.

2.      For every profession there is a retirement age limit then why it doesn’t exists in case of MP’s or M.L.A.’s etc.

What’s your opinion friends?

Prakash Yedhula (Lawyer)     01 November 2009

In some respects, the constitution, impressive though it is, has failed to translate noble principles into tangible, practical instruments. This glaring inadequacy is seen in dispensation of justice, protection of basic liberties, enforcement of bureaucratic accountability and appointments and accountability of constitutional functionaries.  

 

I would like to point out a few areas that comes to my mind which needs to be given attention to.

Prakash Yedhula (Lawyer)     01 November 2009

Need for Electoral Reforms:



Elections in parts of the country have become synonymous with intimidation of voters specially poorer sections, rigging, booth capturing, violence against and even killing of candidates and political workers, connivance of officials at the polling stations and at times a complete hijacking of the polling process by unruly and criminal elements. Unfortunately, over a period of time local police forces have also allegedly become involved in the above by becoming partisan and by being guided by local loyalties, caste considerations, as well as by being easily bribed for connivance. What is disturbing are the sporadic allegations of even the central forces acting in a partisan way in some places. So some sort of urgent measures/constitutional remedies should be brought in to ensure fre and fair elections.

N.K.Assumi (Advocate)     01 November 2009

My Dear Tushar,  Shakespear says "Some are born great, Some have greatness thrust upon them, and some achieved greatness:" identify who are the leaders who falls into those catagories. Is it the Constitution or the election Laws that are respnsible for the ills of this country? Why should we only blame the laws? we need a thematic discussions on this issues and this forum is not enough for details and threadbear deliberations.

N.K.Assumi (Advocate)     01 November 2009

Deare Shree and Prakash Sirs, not only the power of the President or the Governor of the states with regard to financial matters etc. In fact India prophesise to be a Socialist state in theory,but in reality on a closer look it is a capitalist State, considering the financial power and business houses of some few financial empires in the country that holds the key to Indian economy and the distributions of wealth. Apart from financial matters, what about the key Constitutional functionaries in the country like the State Public service Commission which are the hearts and liver of the state in the Countries? There is a dire needs of thematic deliberations on the Constitutional working systms asa it exist today. we as the heirs of the Constitutional legacies, is it not our duties and responsibilities to address the issues in the right prespectives?

Shree. ( Advocate.)     02 November 2009

Dear Assumi Sir,

I am eagerly waiting for your view on the below Loop Hole......

MY Second Point:

Hindu women and Muslim women, although they are all Indian citizens, do not get equal advantages of law. For instance, according to Hindu law, a man cannot have more than one wife, but a Muslim man is entitle to have more than one wife. A Hindu husband or a Hindu wife is required to approach the court to secure a divorce, while a Muslim man is entitled to divorce his wife without the permission or approval of the court. Moreover, a Muslim husband can divorce his wife but a Muslim wife cannot divorce her husband. Besides, a Muslim husband is not required to show [[any reason for the divorce]

Why is the constitution allowing the Hindu Code and Muslim Code to stand side by side? Let there be only one code – the Indian Code.

Viswanath (Student)     03 November 2009

The discrimination Mr. Shree has pointed out is based on the different customs and religions.... It has no relation to constitutional equality.

 

I feel the directive principles must be enforceable in nature to some extent failing which the government should be made  liable to furnish information as to why it was not enforced.

Anil Agrawal (Retired)     03 November 2009

 Debated? But they fight with mikestand and chairs.

Anil Agrawal (Retired)     03 November 2009

 The food served to MPs is at par with the food served in 5-star hotels and it is subsidised. As far as loop holes, there are holes only through which corrupt politicians get away. There is a wonderful system. Get the sanction of the government to prosecute them for corruption and the sanction will never come.

Anil Agrawal (Retired)     03 November 2009

 Etymology of loopholes is loop and the word was coined in 1591.

The literal meaning is:

a : a small opening through which small arms may be fired 

b : a similar opening to admit light and air or to permit observation

c : a means of escape; especially : an ambiguity or omission in the text through which the intent of a statute, contract, or obligation may be evaded.

What suits our Parliamentarians? Firing of small arms, admission of light and air or means of escape?


(Guest)

We can discuss hours after hours about loop holes in our constitution. What is the use. We are not law makers. We are only argue according to the law. We need reforms in our constitution according to our socio, economic and political way of living. Forgein laws should not impose and try to make experments in our country. We have our own system.

Our elected MPs and MLAs are useless. They do not do anything to the nation.

Only we have to dream about future constitution. Action needed not discussion.

Anil Agrawal (Retired)     04 November 2009

 It is not that our President has now power. 

One such President was Fakhruddin Ahmed who would sign the Ordinances promulgated by India Gandhi even from bathroom.

Look at the present President. She goes to U.K., meets Queen Elizabeth and takes the baton for the Commonwealth Games - a poor and drought stricken nation is spending 10000 crores on this jumboree. Cost of President's visit - a few crores of rupees.

This way the Constitution serves a chosen few. We are day dreaming if we think it can be changed in line with our aspirations. First of all, no political party wants a change. The present system suits them. Look at Madhu Koda. Working within the system, he has amassed thousands of crores and who was supporting him, RJD, Congress, JMM and BJP. Obviously, their coffers were also filled by him. Madhu Koda was a labourerer in a mine in 1990. Without the supine bureaucracy, he could not have done what he has done. The present scenario is that no party will get 2/3rds majority needed to amend the Constitution with coalition having come to stay. Recall the drama of formation of UPA Cabinet and the blackmail of DMK (sons and daughters should be in the Cabinet with plum posts). Raja accused of 60000 crore Spectrum scam should again be made Telecom Minister. Ashok Chavan in Maharashtra unable to form the government - reason NCP's demand for plum posts. Governor calls both Congress and NCP to sort out their differences. What a shame? YRS died on 1/9/2009. Congress unable to find a successor. Reason - Everybody wants to become CM and "High Command" can't put its foot down bearing a backlash.

JAI HO DEMOCRACY OF INDIA 

N.K.Assumi (Advocate)     04 November 2009

Dear Shree Sir, I am sorry for the delay as I left the Station the next day and only today after reaching home I got your interesting query.  Yes, I got your query of unequality between Hindus and Muslims, but refer to an old case of Sarla Mudgal case(1995) 3 SCC 635: "Introduction of Constitutional law in the home is most inappropriate", it is like a bull in a China shop":

Anil Agrawal (Retired)     04 November 2009

 What age?

Have you not seen former President Shankar Dayal Sharma being bodily lifted by his ADCs? They will die in harness i.e. sitting on the ministerial chair.

Anil Agrawal (Retired)     04 November 2009

 Successive Election Commissioners has been crying hoarse for electoral reforms. Let us understand that reforms don't suit the governments. They are happy the way things are.


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