Judicial overreach enchroachments Versus litigants abrogation subjugation

Bharat_Bachao_Sangh: Message from PM Narendra Modi

2016-09-15T23:04:00.001-07:00

Bharat_Bachao_Sangh: Message from PM Narendra Modi: Message from PM Narendra Modi : As the NDA Government completes one year in office, a special chance to look at how the Government is transf...

Glories of India: WE EXPECT BJP GOVERNMENT TO WORK SERIOUSLY ON TRUE...

2014-12-30T09:24:00.001-08:00

Glories of India: WE EXPECT BJP GOVERNMENT TO WORK SERIOUSLY ON TRUE...: WE EXPECT BJP GOVERNMENT TO WORK SERIOUSLY ON TRUE HISTORY OF THE WORLD CIVILIZATION. It's Time for you to know the reasons for the ...

స్వేచ్చావిహంగాలు : స్వాతంత్ర యోధుడిని

2014-10-08T18:39:00.001-07:00

స్వేచ్చావిహంగాలు : స్వాతంత్ర యోధుడిని: మృత్యువు సహజం అలా అని అవనత శిరస్సుతో జీవించే కన్నా ఆ మృత్యువునే ఆహ్వానిస్తాను సంతోషంగా - నేను స్వాతంత్ర యోధుడిని

స్వేచ్చావిహంగాలు : రాజకీయం కానే కాదు

2014-10-08T18:38:00.001-07:00

స్వేచ్చావిహంగాలు : రాజకీయం కానే కాదు: యెందుకు ఈ డ్రామాలు ఎవరి కంటి నీళ్ళు తుడిచేదానికి యెందుకు ఈ అనవసర ప్రసంగాలు పడుకున్న పాముల పడగలను రేపటం ఎందుకు మనసులతో ఆట రాక్షసత్వం...

Swami Vivekananda Chicago Speech on 15th September,1893

2014-10-06T01:58:00.001-07:00

Taj Mahal inside very rare video

2014-10-06T01:04:00.001-07:00

INDIA 100 YEARS AGO SOME RARE PICS

2014-10-06T01:02:00.001-07:00

YAMUNA RIVER BIRTHDAY 2013 PART 11

2014-09-26T08:24:00.001-07:00

yffindia

2014-09-26T07:29:00.001-07:00

Each and every level of the governance, immense corruption with immunity, become important part of the system;

2014-09-25T08:10:00.001-07:00

Even after 67 years of Independence, we are ignoring the statement made on 2nd September 1953 in the Parliament by Dr. B. R. Ambedkar himself, that: "People always keep on saying to me, so you are the maker of the Constitution. My answer is I was a hack. What I was asked to, I did much against my will. I am quite prepared to say that I shall be the first person to burn it. It does not suit anybody." India is a democratic country. Democracy means “Rule of Law”, governed by the people, for the people and through the people. Rule of Law means a system, which shall ensure that: (i) no one, whoever he may be, is above the law; (ii) transparent and good governance; (iii) corruption free accountable bureaucracy; and (iv) Guaranteed expeditious remedies. This is an admitted fact that the major part of the Constitution of India is prepared basing upon the Government of India Act, 1935. Article 147 of the Constitution of India provides that “In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or any Order in Council or Order made there under, or of the Indian Independence Act, 1947, or of any order made there under.” The aforesaid provisions has laid downs the conditions upon the Supreme Court and High Courts not to interpret anything beyond the scope of the interpretation of the Government of India Act, 1935. The Government of India Act, 1935 was enacted by the British parliament, so amendment in it, obviously can be made by the British Parliament only, which means Article 147 is imposing a condition upon the Indian Judiciary to recognise any subsequent amendment, if passed by the British Parliament, thus virtually the sovereignty of Indian Judiciary with regards to interpretations are concerned, was tagged with the right of the British Parliament to amend the said Act. On the other hand provision does not provide any provision for amendment in Indian Independence Act 1947. The word “Council” is denotes to British Privy Council. Otherwise what is justification in Judgments pronounced by the Constitutional Bench of the Supreme Court based on references from the Judgments of the British Privy Council. Government of India has respected the conditions with several British Companies to run their monopolistic Business in India, on the terms and conditions applicable prior to 15^th August 1947. There was a conditionality that the British Administrative system will continue at least for 50 years. This date expires on 15^th August 1997. This is a matter of the fact that on the said very day i.e. 15^th August 1997 the then Prime Minister of India Shri Inder Kumar Gujral announced from the Red Fort that about 3,000 Laws are become ineffective and defunct and would be removed. In fact, in 1942, British Government, through Crisp Mission, submitted its proposal for transfer of powers to Indians, which was refused outright by the people -just before they had given a call for quite India-, as because any proposal less than total freedom in the garb of the transfer of Powers was not acceptable to India. In fact, in 1942. An agreement was arises and emerges from such proposal, thus Interim Government headed by Shri Jawaharlal Nehru, as the prime Minister was formed. As per agreement in accordance with the said Cabinet Mission proposals, in or about July 1946 the Constituent Assembly was constituted through elections based on Religious Electoral Constituencies. On 6^th December 1946 the Constituent Assembly started its function. In accordance with the Cabinet Mission proposals the Constitution of India is prepared basing upon the Government of India Act 1935, for undivided India. But, under the British diplomacy, subsequently division of India was declared in June 1947, though this was not the part of the Cabinet Mission proposal of 1946. The reason and objective behind his appointment was very clear that he was aware of the mindset and value of the opposition from people or their true representatives. . As a result the proposal of the Cabinet Mission was got approved directly from the Congress Working Committee, without prior consultation with or knowledge of the people representing Bharat varsh. When Indian Parliament on the night of 15^th August 1997, celebrated 50 years of so-called Freedom, British Queen Elizabeth was the main guest. Why was not Head of any other country? All Acts, enacted since (1860) 1861 including the Government of India Act 1935 were enacted in the name of reforms, but the basic object of the British Government behind enactment of such laws were to divide Indians to Rule India. It means People’s governance for the People and by the People. But, see how far this logic is working or workable in practical life and what are the experiences of the common men? In any democracy Parliament must be the highest democratic Platform. The Parliament’s first and foremost function should be to develop, improve, and enhance the good governance system, which can ensure good Governance at each and every level. But, what we are looking today is that the Indian Parliament is not serious at all to it’s such objective. The people of India may feel that the Political parties are responsible for such situation. But, according to me really they are not responsible for such grave situation. The root cause is elsewhere, as the democratic system provided by the Indian Constitution is not developed in consideration of the Indian Society, culture and its needs.

 Each and every level of the governance, immense corruption with immunity, become important part of the system;

 Violation of Law with immunity is not a matter of surprise, for any one;

 Remedial measures are not easily available in respect of any matter of ill-governance, prevailing under nexus between the powerful politicians, bureaucrats and organised mafia;

 Immense economical, social and political exploitation is not at all a matter of concern for any politician; and

 From the whole of the country a single person from the common man can be identified who can justify that he has no grievances relates to governance at one or other level.

A democracy cannot sustain for a long, unless followings principles are not translated in practice of the governance: -

1. Truth shall prevails;

2. Justice must be above all;

3. Reins of the powers should be in the hands of the people;

4. Unity, based on self reliance, self respect and self dependence amongst the people must be supreme objects;

5. Each, including Constitutional Authority should be accountable before the law and system irrespective of his status or position;

6. Justice delivery system should be easy, affordable and within reasonable time;

7. In the Election mechanism value should be given to the Voters not to the Voting;

8. Individualized Politics should not be allowed at any level and at any cost;

9. Promotions in the Politicians should be based on experience, competency and performance;

10. Distribution of the benefit of the progress and economical betterment of the country should be horizontal;

11. System should not allow finding the ways to discriminate one to protect the powerful by skills or expertise.

12. Each Individual should be kept away from the democratic process, if he does not obey these principles with the latter and sprit.

The Supreme Court of India shall admit a complaint after preliminary satisfaction, against the criminal misconduct by any person holds or holding the office of President, Vice-President, Prime Minister, any member of council of ministers in the Central Government, Chief Ministers of any State, and person holds or holding post with the or equal to rank of Cabinet Secretary; and Secretaries of the Central Government and Chief Secretary of any State, and after admit, it should be forwarded to a appropriate subordinate court for further criminal proceedings, determination and judgment. Such powers, privilege and immunities shall not cover the misuse of office of the member of the Parliament under gratification. Jurisdiction of court is like that of constructor of a building which has either perfection or many defects. The final word of posterity is dependent upon the skill and calibre of builder who may heartily desire to build up it like expert builders with architectonic virtues to amend or/and add some material both by method and uniformity and if the structure itself does not found ventilation for the want of windows and lake of sufficient light or other deficiency in the architecture, whatsoever, then to demolish the existing structure, only than we may blessed the amending hand as if the trumpet idea gives an uncertain sound who shall prepare himself to the battle? When any charge of the gratification is leveled against Prime Minister, His Cabinet Ministers and other Ministers or against any member of the Parliament, it shall be his duty to make requisite confessional statement before Apex Court, within seven days from the date of information against such charge otherwise he is liable to be declare as disqualified as a member of the Parliament. The Constitution of India and its legal system is required to ensure removal of the Individual-controlled politics, in practical terms cast, religion, language, reason based politics, which has strengthened the policy of English Rulers to divide Indian to Rule the country and to get powers. Resulting thereby in every segment of the society politics-crime-nexus became part of the life.

Yogesh Kumar Saxena, Advocate, High Court, Allahabad

Ex Senior Vice President, Advocate’s Association, Chamber No. 139,High Court, General Secretary ALL INDIA BAR ASSOCIATION Trained Mediator of the first batch of Mediation Team Registration No. 946 of 1974 ( U.P.Bar Council of Allahabad) Special Counsel in Ganga Pollution Matter. Executive Member, World Parliament Experiment (Bonn) Germany 22^nd Feb. 7^th March 2008 Conveyor International Conference Of Jurists, Held in SINGAPORE on 28^th Feb. upto 3 rd March 2010 ISRAL PROJECT INDIAN REPRESENTATIVE for SOCIAL COORDINATION ANF FOR MAINTAINING THE ROLE OF PEACE AND TRANSQUALITY IN INDIA (THROUGH SRI RAJIV DIXIT, BHARAT SWABHIMAN TRUST, PATANJALI YOGASPEETH, MAHARSHI DAYANAND GRAM, HARIDWAR 249402 PHONE 01334-240008) Yoga superior studies &meditation science technique, 4215 NW 7 Street, #34, Miami, FL33126 International conferences of Chief Justices of the World (Co Coordinators and Co- Organizers) at City Montessori School, Lucknow yogrekha@gmail.com, yogrekha@rediffmail.com, 0532-2637720, 2436451, 9415284843, 9792131584,

Democracy means “Rule of Law”, governed by the people, for the people and through the people. Rule of Law means a system, which shall ensure

2014-09-25T07:54:00.001-07:00