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Our constitution is Questionable

Page no : 3

Bhartiya No. 1 (Nationalist)     12 October 2010

Ramji,

You would have heard this “adh jal gagari chhalkat jaay”. This is what happening here, a complete quackery.

 

3) Nothing in this article shall prevent the State from making any special provision for women and children.

_10[(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.]

 

Here in the above our constitution is doing justice to the oppressed classes, oppressed since ages. It cannot be called favoritism.

 

 It is an endeavor to equalize and to protect the comparatively weaker section  from the stronger section who are equipped with greater resources than those oppressed class of people.  

 

Law always used to be with weaker side since humanity matters more than anything.

Here for instance I am pasting (and underlined and highlighted the salient features) excerpt observation of Hon SC from a judgment of Hon SC, full judgment can be downloaded from the link at the bottom.

 

“4. The special provisions made for the resumption of granted lands originally granted to the members of Scheduled Castes and Scheduled Tribes and restoration of the same to the original grantees or their heirs and legal representatives and falling them to other members of these communities do not infringe Article 14 of the Constitution. This Act has undoubtedly been passed for the benefit of members of the Scheduled Castes and Scheduled Tribes who are recognized as backward citizens and weaker sections in the country. There cannot be any manner of doubt that persons belonging to Scheduled Castes and Scheduled Tribes can be considered to be separate and distinct classes particularly in the matter of preservation and protection of their economic and educational interests. In view of the peculiar plight of these two classes, the Constitution in Art. 15 (4) makes specific mention of these two classes and in Art.16 (4) speaks of backward class of citizens. One of the directive principles as contained in Art. 46 of the Constitution enjoins that "the State shall promote with special care and educational and economic interests of the weaker sections of the people and in particular of the Scheduled Castes and Scheduled Tribes and shall protect them from social injustice and all forms of exploitation." The object of this Act is to protect and preserve the economic interests of persons belonging to Schedule Castes and Scheduled Tribes and to prevent their exploitation. For the purpose of the present Act, the classification has a clear nexus to the object sought to be achieved.”

 

Source:  https://indiankanoon.org/doc/1545120/

 

Now provision of article 15(3) can be analyzed or understood in the light of above observation of Hon SC.

 

Radhey (Owner)     12 October 2010

Ram Ji,I respect U a lot,but wanna convey only one thing,why to expect from LCI,what they are/can not offer ?



Why not be thankful to LCI for whatsoever ,it is offering ?



What right we have over them ?



After all they are doing some thing very good for us Indians, Law deprived people.



Suppose there is no LCI,would we be able to get such a good source legal info anywhere else ?



Though I strongly believe that banning members, just over small issues would ultimately harm this wonderful site, this should be re-considered by the Admin, whenever LCI would have some equivalent competitors, the negative impact of such banning move would show its negative impact to LCI Admin.


(Guest)

 

 

I never allow anyone to do any kind of mischief with provisions in Article-51 (A) and if learned people do so that cannot be ignored at all at any cost.


See this what I thought about the people in LCI Admin and compare it with their attitude as to what they did not only with me but to many other respected Indian citizens integrity of whom cannot be challenged at all;

 

Dear all the members in Administration of

LAWYERSCLUBINDIA

 

We

 

the members of

 

DR. BABASAHEB AMBEDKAR

DEMOCRATIC RIGHTS FORUM (DRF)

 

* Congrats  *  

 

YOU ALL

 

today i.e. 28.06.2010 for great appreciation from 75000 peoples to your efforts in making the LCI a platform where we all the citizen of DEMOCRATIC INDIA enjoying equal opportunity to express our view freely without any hesitation

 

LCI has established the ideal measure of

 

 EQUAL OPPORTUNITY

 

which is

 

 THE MAIN STREAM OF DEMOCRACY

 

 

***LCI-75000-28JUNE2010***

Bhartiya No. 1 (Nationalist)     12 October 2010

Originally posted by :Radhey
"
Ram Ji,I respect U a lot,but wanna convey only one thing,why to expect from LCI,what they are/can not offer ?







Why not be thankful to LCI for whatsoever ,it is offering ?







What right we have over them ?








After all they are doing some thing very good for us Indians, Law deprived people.







Suppose there is no LCI,would we be able to get such a good source legal info anywhere else ?







Though I strongly believe that banning members, just over small issues would ultimately harm this wonderful site, this should be re-considered by the Admin, whenever LCI would have some equivalent competitors, the negative impact of such banning move would show its negative impact to LCI Admin.
"

 

Apart from the above, we must avoid conflict and controversy. We r not her to fight with anyone rather improving or refining ourselves also.

 

Healthy and courteous discussions should be prefferd.


(Guest)

 

Ashutosh ji,

 

please call for my all the threads/postings review and let me know that which word of mine was UNTRUE.


(Guest)

I have ever ceased fire from my side since neither I want points nor "i-pods".  Even we were thinking here in DRF to give "i-pods" to all the members in LCI Admin. for managing a very good site but they lost it for now.   


(Guest)
Originally posted by :Arup
"
THERE IS A CONTRADICTION IN THE CONSTITUTION IN ARTs 15 (1)  &  15 (3).
"

 

See this at first page, "message thanked : 2 times"

 

I do not understand what is programmed in this site and from where these "thanks" comes? 

Bhartiya No. 1 (Nationalist)     12 October 2010

Number of "Thumbs Up or "Thanks"  does not always reflect quality. Here it has become something like, liking and disliking, mindlessly from likeminded persons.  So do not go by the "thanks" gesture rather see the quality.

 

No sane will agree with

"THERE IS A CONTRADICTION IN THE CONSTITUTION IN ARTs 15 (1)  &  15 (3)."

this above statement rather it shows narrowness of the person who has posted it.

 

But these things are not going to affect the truth or anything.


(Guest)

 

Just correct and this is the OPEN SECRET of "i-pods" for "MOST THANKED PERSON"


(Guest)

 

My suggestion for LCI Admin.

 

A very simple thing to be followed here is that instead of banning LCI Admin. should post their remark on receipt of a complaint or sue moto as to which article of constitution or section of IPC is broken and there should be an opportunity so that the user member can take their statement as per wish or otherwise.  It is a site managed by the learned persons if the user member convey their consent that he/she himself/herself is responsible for his/her statement than I don't think any problem remains for LCI Admin.

 

I state hereby that I am responsible for any of the thread/posting posted by me here and I am prepared to submit my clarification as and when asked here or in any court. 

 

 

 


(Guest)

 

 

 

MY CLAIM IS EQUAL NATURAL JUSTICE FOR EVERYONE.


(Guest)
My no message is getting "Message thanked : -- times" so LCI Admin.'s "i-pod" is a forbidden fruit for me. But if they have "WILL" to awards me so I have a reason that I may be awarded with "i-pod" for "THE MEMBER MOST RE-REGISTERED AFTER EVERY BAN". "THERE IS A WILL THERE IS A WAY"

(Guest)

@Suchitra.S: You may kindly note that the Constitution supposedly guarantees freedom of expression right or wrong. Please don't negate your own concepts . I'm not trying to be little your post but am trying to state that the quesrist has every right to address his concerns.

Parthasarathi Loganathan (Advocate)     15 October 2010

Our Constitutional Law has been a Bible, Quran ,Granth Saheb and Bagavath Gita to lay foundation of many Enactments in our Independent India.  The basic tenets that govern the spirit and dictum of the Rule of Law have been directly or indirectly incorporated many other countries who believed in the Democratic Values. In fact, Constitutional Law in its simplest form should be made a compulsory subject in our Education System.

Parthasarathi Loganathan (Advocate)     15 October 2010

I beg to differ from the opinion posted in this forum that THERE IS A CONTRADICTION IN THE CONSTITUTION IN ARTs 15 (1)  &  15 (3).

The language in these articles is so simple to understand the fact that Women and Children do not form under the context of  Religion, Race or Case


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