Title: Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?
>But should the people let a group of appointed lawyers be the
final arbiters of what is their right, instead of attempting to reform
and improve its lawmaking bodies?
I have observed that it is a
characteristics of the Desis, they like to be ruled by somebody. They actually
do not believe in the democratic principle of 'government by the people'. OK I
don't have time for those thiongs called reform. I am making you the king, go
ahead and rule us, but make sure you rule good. OK. Don't cheat us now.
(BTW if you can get a job for my son, that will be very much
appreciated)
Hobo Diok.
RB
----- Original Message -----
Sent: Wednesday, May 03, 2006 2:38
PM
Subject: Re: [Assam] From ToI/ SC the New
Desi DIKTATOR ?
One would think it is the prerogative of the people and its
representatives -- the law-making entities, to make laws to uphold the
constitutional mandates. SC merely INTERPRETS the laws of the land.
I know the Indian SC does a whole lot more: Some for the good. And others
in clear contravention of democratic norms. That is because of the abject
failures of the desi-demokrasy and its law-making bodies.
But should the people let a group of appointed lawyers be the final
arbiters of what is their right, instead of attempting to reform and improve
its lawmaking bodies?
At 5:16 PM +0100 5/3/06, umesh sharma wrote:
Does Supreme Court have the right to
interpret the Indian constitution - and atleast remind the elected officials
about what is written therein.
Umesh
Chan Mahanta
<[EMAIL PROTECTED]> wrote:
While it is disturbing to see uncontrolled proliferation of
alcohol
peddling and consumption in India, where does the SC derive
its
mandate to ASK ( read order)
even in desi-demokrasy? Is the SC
the SUPREME elected body of the
country?
cm
Time has come for total
prohibition: SC
[ Wednesday, May 03, 2006 06:20:31 pmIANS
]
NEW DELHI: The Supreme Court has asked the central and
state
governments to take steps to achieve the goal of total
prohibition of
liquor as enshrined in Article 47 of the constitution
under the
Directive Principles of State Policy.
Expressing
serious concern on the ill effects of liquor, a bench of
Justice S.B.
Sinha and Justice P.K. Balasubramanyan said: "Article 47
of the
constitution clearly casts a duty on the state at least to
reduce the
consumption of liquor in the state, gradually leading to
prohibition
itself."
The judges said: "It appears to be right to point out that
the time
has come for the states and the union government to seriously
think
of taking steps to achieve the goal set by Article 47 of
the
constitution."
Writing the judgment, Justice Balasubramanyan
said: "It is a
notorious fact, of which we can take judicial notice,
that more and
more of the younger generation in this country is getting
addicted to
liquor.
It has not only become a fashion to consume
it but it has also
become an obsession with very many. Surely, we do
not need an
indolent nation.
"Why the state in the face of
Article 47 of the constitution should
encourage, that too practically
unrestrictedly, the trade in liquor
is something that is difficult to
appreciate," the bench asked.
"The only excuse for the state for
not following the mandate of
Article 47 of the constitution is that
huge revenue is generated by
this trade and such revenue is being used
for meeting the financial
needs of the state.
What is more
relevant here is to notice that the monopoly in the
trade is with the
state and it is only a privilege that a licencee
has in the matter of
manufacturing and vending liquor," the bench
noted.
The bench
passed this order while disposing of an appeal filed by
the Maharashtra
government against an interim order passed by the
Bombay High Court on
the issue of payment of requisite fee by
distilleries under the Bombay
Rectified Spirit (Transport in Bond)
Rules,
1951.
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Umesh Sharma
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College Park, MD 20740
1-202-215-4328 [Cell Phone]
Ed.M.
- International Education Policy
Harvard Graduate School of
Education,
Harvard University,
Class of 2005
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