Our Indian Democracy is the world’s largest Democracy . Our Constitution is the World’s Best Constitution which have included the Sprite of True Democracy & Supremacy of Constitution .
Our Constitution has very clearly divided The Power among Different organs . Legislative Power under Parliament , Judicial & Constitutional Interpretative Power under Supreme Court , Executive Power to Govt . ( Govern by Council of Ministers) .
Our democracy is running in accordance with the Sprite of Constitution , which is a Mile Stone in World regarding Democracy . Because , We have one of the Best Constitution .
1st Constitutional Amendment Act – Regarding Reservation of SC/ST . In Sankari Prasad Case 1952 , This Constitutional Amendment Act was challenged in Supreme Court on the Basis of Article 13 ( No New Law shall Violate the Fundamental Rights ) . Supreme Court said – Article 13 is for Ordinary Laws while 1st Constitutional Amendment Act is an Constitutional law & Article 368 permits the Parliament to Amend the Constitution including Fundamental Rights .
In Sajjan Singh Case 1965 , Supreme Court Repeated its Judgment Once Again .
That was a Time of Pt. Neharu , When Act of Parliament , Amendment in Constitution , Execution of Power were done in very fair & fine manner . Regarding any Act or Amendment , Pt. Neharu used to say “ Let us ask the Parliament “ . This showed that Pt. Neharu was enough to take decision regarding Act of Parliament , Amendment in Constitution . This has two reason . One , He has a Tremendous Support of People & Leaders of India also . Second , His aim was to Serve the People & Country in all Aspects . Which makes Him Powerful . Sprite of Democracy is vest in the Representatives of People & Fundamental Rights with other Human Rights of People . All the Welfare was done with selfishness less ie Only to Serve The Country & Her People . At this time The Parliament was on the Peak .
During Pt. Neharu , Parliament has enjoyed its Power Because of Selfishness less , Accountable , Transparent form of Government towards Parliament . Pt. Neharu has Majority and also have Confidence of Opposition . So , All those were very easy for him to Make Act of Parliament & Amendment in Constitution etc . That was the Time When Parliament Session has worked for the country with its full Sprite . This period ( from Independence to 1967 ) can be Termed as Golden Era of Parliament .
After the Death of Pt. Neharu , Parliament started falling . Different type of People has came but They Never got that Support which Neharu had .
After , that , Indira Gandhi has came in High Light . During Her time India Fought war and Win that . She was given the title of Iron Lady . From Here , Indira Gandhi had started exercising her executive power . There was some type of Clash between Parliament & Judiciary regarding the Power of Each Others .
In Golaknath Case 1967 , Supreme Court had said – Parliament has no Power to Amend the Fundamental Rights . This Judgment has curtail down the Amending Power of Parliament .
But when in 1971 , Ms. Indira Gandhi has came in Power , Her Govt. has came with the 24th Constitutional Amendment Act . According to 24th Constitutional Amendment Act , Article 13 is No Limitation for the Power of Parliament to Amend Fundamental Rights under Article 368 . By 24th Constitutional Amendment Act , Parliament has Restored its Own Amending Power .
In Keshava Nand Bharti Case 1973 , Supreme Court has accepted the 24th Constitutional Amendment Act . But Supreme Court said - Legislative Power of Parliament is Limited . Parliament can not touch the Basic Structure of Constitution .
Basic Structure , which is a Limitation on Parliament on its Amending Power , This insures the Supremacy of Constitution .
But Ms Gandhi has made 42nd Constitutional Amendment Act , which says – There is No Limitation on Parliament , No Basic Structure & No Judicial Review . This was the Time of Emergency .
The Time of Ms. Indira Gandhi was the Period of Executive . During that Time executive had exercised its Power in its Own way . In general , We can say that from 1967 to 1989 was the Golden Era of Executive .
After Indira Gandhi & Rajiv Gandhi , No one has came in Power like them . So , that was the Era of Executive which got ended due to Coalition Form of Government .
42nd Constitutional Amendment Act 1976 , was challenged in Minarwa Mills Case 1980 . Supreme Court stuck down that 42nd Constitutional Amendment Act 1976 regarding Amending Power . And , Judicial Review was Declared as basic Structure of Constitution .
After 1989 , Judicial Review is a part of Basic Structure , After the Coalition form of Government , Parliament has become weak to take any Decision regarding any Policy , Act of Parliament or any Amendment in Constitution . The Weakness of Parliament has given a golden chance to Judiciary to take the Charge of Supremacy on The Name of Justice and Constitution . Weak Parliament has made a Weak Executive . Due to Weak Executive , The Power of Appointment of Judges in Higher Courts is taken away by Supreme Court . Which is under control of Supreme Court with out any Transparency , Accountability & Answerability . Supreme Court has started to Legislate the laws . Event on The Name of Justice , Judiciary has started to execution of Investigation under its own Control etc . So This can be Termed as Golden Era of Judiciary ( 1989 to till now ) .
But What is This ? All these are the Result of a Weak Parliament & Democracy .
Our Parliament is not functioning because of Drama made by Opposition , Mamata Banergee , Karunanidhi Company ect . Is it Sprite of Parliament ? Each & Everyone is going only for political gain , only . Where is democracy ? NDA govt. started FDI but when UPA is going to implement it , NDA itself is opposing . CPI is crying on other hand . Why ? If anyone has problem , then He must come with well established Procedure of Parliament . All the Conduct must come through Parliamentary Procedure . But Legislators are making joke inside the Parliament . Opposition is opposing not for the welfare of State or People . But Opposition is Opposing for the sake of Opposing . This is the result of Weak Parliament , Weak or Coalition Govt. which is Dangerous for Democracy .
Today , On the name of Corruption Anna like Incurable Threats has evolved . Which is Acting like a Government . Anna , Who does not Know – What is Democracy ? What is Constitution ?, wants to frame Law . Anna , Who , even , does not know - What is FDI ? but still Opposing FDI . That Anna is going to run the system ?
I am not getting - What type of Constitutional Right Anna has ? Anna is like a Empty Vessel which was filled by Frustrated Thoughts of Frustrated Persons like Kajariwal , Kiran Bedi , Shashi & Prasant Bhushan etc . All the Frustrated Associates of Anna are frustrated with system not due to corruption . But their personal interest is there .
Kajariwal is frustrated from system & resigned . He has different type of Income Tax Charges . Kiran Bedi is also frustrated with UPA Govt. because She was not appointed as Commissioner of Delhi Police . Then , She also resigned . One or other hand Bhusahn & Sons also have different type of controversy .
Few days before , There was case in Bombay High Court against Anna & Frustrated Company regarding the Management of Money (which is donated by mainly Middle Class Innocent People of India , who do not know any thing about the Autocratic Legislation of Mr. Anaa & his Frustrated Company ) . If Anna & Company is itself is Not Neat & Clean , then How can They put Finger on others ?
Mr. M K Gandhi used to follow himself first before giving advice to others . I have read a story – In which , a Mother came to Gandhi with her Son . Lady said to him – Baba My Sun used to take too much Gud (Sugar) , Please do something . Then Gandhi told her – come in Next Month . When Lady came to him with her Son in next month . Gandhi told to boy – Son , Do not take too much Gud (Sugar ) . It is harmful for you . Then lady asked him – if you want to tell only these words , you can say all these on that day also . Gandhi replied – On those days , I also used to take too much Gud (Sugar) . Then , How can I tell him ? But what is Anna & Company doing ? Anna & Company are only interested to giving advise rather self reform .
On the other hand , When Sharad pawar was slapped . Hazare remarked – only one slap ? Anna is says - He is following Gandhian Principle . What type of Gandhigiri is it ?
Anna is man , who do not know any thing . Anna is just like a Empty Vessel which got filled with some frustrated thoughts by frustrated people . If Anna & Company want to make reform , then he should come in politics . But they do not do so . Because they only want to rule in an indirect way . They are exploiting the People of India ( Mainly Innocent Middle Class People ) on the Name of Corruption .
All the people , who are supporting Anna , are Middle class innocent people . These Innocent People do not know any thing . Many Anna’s ( “ I am Anna “ Type People ) do not use to pay Electricity Bill , Income Tax on time . These Anna’s do Not Take Bill from shopkeeper only to save just some money . Even 85% follower of Baba have not use to cast their Vote . And These Anna’s are telling - System is Corrupt . First of all , All Anna’s need to reform themselves , Then Talk about Govt. These type of Crowd want to make law . How sad for India ? They are impressed by Fasting of Baba only . These People are thinking that – Baba is going to die for him . But reality is totally different . He just want to become 2nd Gandhi . Which will not possible by means of undemocratic way .
Corruption is Big problem but this can not be tackle in those way in which Anna wants . Anna want to create an Autocratic Institution , which is dangerous for Democracy . If Anna really want the welfare of Country & People then He should work in the field of Social work like Awareness of RTI , Awareness of Health , Awareness of Education , Awareness of Moral & Ethical Education , Women Empowerment rather running a Parallel govt. , acting like Parliament with Kajariwal , Kiran Bedi , Bushan Company as MP and Anna as Supreme Court for Interpretation of Lokpal & other laws like Right to Recall , Right to Reject , Gram Sabha above Parliament etc .
Legislation , Constitutional Interpretation and Execution of Power & Governance must be left upon respective Organs of State .
Remember , When Parliament become weak these type of threats will evolve on the Name of Welfare . Problem is not in our Constitution or in Governance . Problem is in the Mindset of Indians . Constitution has given you The Power to Vote . Then , it is responsibility of People to select Better Representative . Any type of law is not Sufficient to minimize the corruption . Corruption is in the Blood of People which can not be removed by any type of Law . Corruption can Only be eliminated by Moral & Ethical Education , Awareness among People regarding their Rights , Fast court activity and Most Importantly Public will .
If Public is corrupt , then how can our system will be free from corruption . First we have to reform our self , then System will automatically will become Fair & Fine .
I am not Opposing Anna but I am Opposing his Undemocratic & Unconstitutional way of Anna & His Frustrated Team which is a tremendous threat to Democracy & Constitutionalism .
We have not to Reform our Constitution and Constitutional establishment but to our Mindset of People by Moral & Ethical Education & Awareness about our Rights . We must fight for our Right but in the way of Constitutional establishment . Regarding the Corruption if Govt . of India want to make any Legislation then Govt. of India may go for the establishment of Selection Commission of India on the basis of Election Commission of India .
Father of Indian Constitution Honourable Dr. B. R. Ambedakar had said “ A Worst Constitution will become Best if The People are of Good Sprite . A Best Constitution will become Worst if The People are of Worst Sprite . “
So Remember , “ Whenever Parliament will become weak , Threat to Democracy will evolve to hamper the Sprite of Democracy & Constitutionalism on the Name of Welfare . Which is not going to violate the Law in appearance but will be a Tremendous Threat to Democracy & Constitutionalism . ”
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