Forum for Constitutional Remedies

The issues of Posts of this Circle as well as some pertinent issues in the mother Circle of this localcircles.com , if thought in depth , in my opinion , needs a Specific and purposeful Forum or an Association of Persons to take up the public interest oriented issues voluntarily and responsibly within the directives of our Constitutional articles 32 , 226 and , the very objective 39 A with due dedication which is really a must considering the various options of Several Political Parties under whom the Citizen of our Country inevitably get Ruled .

I once again request all the honourable members of this Circle to share in this " only one alternative left with the Citizen & general public in India at least after 6 decades to pass on the objective of independent Rule for which our fathers and forefathers struggled and faced many punishments etc., "

As discussed earlier in the circle in an another Post , we are publishing a draft of Objectives of National Legal Forum, which we all believe to be published on regular basis in the circles as below, please revert if you have any alteration, please.

FORUM FOR CONSTITUTIONAL REMEDIES

WE , THE DEDICATED ASSOCIATION OF PERSONS having solemnly resolved to constitute into a FORUM FOR CONSTITUTIONAL REMEDIES to secure an un-deviated Public Welfare Oriented Policy of rule in our Nation with the Objectives aspired by the freedom strugglers of the Country as was also envisaged while concluding the Constitution of India through a significant part IV.
So the concept of “NATIONAL LEGAL FORUM under NGO Provisions” for better civilization at Public Interest”.

PREAMBLE OF THE CONSTITUTION OF INDIA:
JUSTICE, social, economic and political:
LIBERTY of thought, expression, belief, faith and worship:
EQUALITY of status and of opportunity:
Over and above, _
FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation]:
And to promote among them all.

PREAMBLE:
¬ The Constitution adopted in November 1949 by the Legislative Assembly had the Article 32, which was provided for Constitutional Remedies to its Citizen with article 226 that is applicable in State High Courts. After many protests, representations and rigor, the Constitution was added with an Article 31 C in 1971 as amended in 1976 and the Article 39 A was also added for providing Equal opportunity of law for which it was emphasised the need of providing Free Legal Aid to ensure that opportunities for securing justice are not denied on account of economic or other disabilities.

The Preamble of the Constitution was added with the Note:
In 1992, Life guarantee under Constitution.... The Preamble of the Constitution promises and the directive principles are mandate to the Stats to eradicate poverty so that the poor of this country can enjoy the right to life guaranteed under the Constitution.
Determination of the Judges. – Strength in superior courts held, justifiable.

¬ Once in 1982 & later in 1992, The Supreme Court had confined that “We would therefore held that any member of the public having sufficient interest can maintain an action for judicial redress for public injury arising from breach of public duty or from violation of some provisions of the Constitution or the law and seek enforcement of such public duty and observance of such constitutional or legal provision. This is absolutely necessary for maintaining the rule of law, furthering the cause of justice and accelerating the pace of realisation of the Constitutional Objectives“. Thus, the Supreme Court upheld the RIGHT OF THE PRACTICING LAWYERS to maintain a writ petition under Art. 32 on matters affecting the independence of Judiciary.

¬ The Supreme Court also cited, == where a legal wrong or legal injury is caused to person or to a determinate class of persons by reason of violation of any constitutional or legal rights and such person or determinate class of persons is by reason of poverty, helplessness of disability or socially or economically disadvantaged position unable to approach the court for relief, any member of the public can maintain an application for an appropriate direction or order or writ in the High Court under Article 226 or in the case of breach of any Fundamental Right to the Court under Article 32 . ==

¬ Even though the preamble as was the original contain the whole, to be in specific on certain prominent objectives of Freedom fighters caused for the inclusion for Secured Directives of Rule for the generations.
WHILE these the basics of the constitution , there had been many Supreme Court Judgements in many matters relevant to the Directive Principles those were set to achieve the comprehensive object of article 21 in the first , second and third decades of Independent Rule in India .

¬ Even then, the Selfish Personalities staged that “The court has no capacity to enforce its orders and in many cases the conditions have not changed. “ And the Honourable Court had to highlight the issues of _
· A Telegram forwarded under article 39 about the murder of his son in police lock-up filed by his father which was directed by the State high Court confining the importance of article 39 A .
· The Court also taken-up such in form of a letter on white paper confining to article 32 and 39 in cases of hazardous livelihood and health loss due to Pollution from Industries etc.,

In the spirit and inspiration of Dr. Ambedkar “If it was asked to name any particular Article in this Constitution as the most important – an Article without which this Constitution would be a nullity – we could not refer to any other Article except this one.......... It is the very soul of the Constitution and the very heart of it.”

In the spirit of Fraternity inspired by Dr. Ambedkar “Castes are anti-national in the first place they bring about separation in social life. They are anti-national also because they generate jealousy and antipathy between caste and caste. But we must overcome all these difficulties if we wish to become a nation in reality.”

OBJECTIVES:

It is true that “ Morality , Decency & Basic Education “ are the requisites in Citizen without which there cannot be a better Electorate and Justified rule while considering the above some of the unpleasant issues and the present status of our Statistics as at 2011 , we , the association of persons concluded to form this forum to work with keen interest for the better carry and substantial application of the provisions of the constitution through the provision of Rights to Constitutional Remedies with the following Objectives mainly.

Supreme Court also had to give effect in the issues of Education, and suggested, directed the governments on application of Uniform Civil Code and even the implementation of Economic Creamy Layer of Castes to eradicate the Reservations and Relaxations to those Socially & Economically in reasonable status to full fill the real objective of applying to those only poor and poorest of the Poor in a justified carry of the concept of the Constitution.

The present situation and the above legally and morally justified facts indeed necessitate the constitution of “NATIONAL LEGAL FORUM Under NGO Provisions at PUBLIC INTEREST” by the Morally , Socially and Legally active personalities to carry the objective of our Indian freedom-fighters, sustain the purpose of independent Rule in our Country for Secured Safety to our generations which in-fact is under the compulsory requirement within the purview of article 21 , 32 , 226 and the very public oriented article 39 A with the foregoing Articles of Association please .

1. This Forum will have to work for the implementation, enforcement and application of the provisions and benefits of the Indian Constitution pertaining to rule in the Country and the restriction on rights.

2. The institution will have to work for making the Directive Principles of Centre/State policy as a whole mandatory and also enforceable through the provision of Rights to Constitutional Remedies.

3. The institution will have to work free from any political motivation and take up every petition / urge in writing of any citizen in India if deprived from any provisions of the Directive Principles or Article 21 with its comprehensive derivation.

4. The institution can take up any urge / letter in writing from any Citizen or institution who / which is derived from application of Rights & Liberties without due concern of restrictions [S.C. also upheld the clause 2 in exercise of clause 1 of article 19 & such concerned issues] or deprived from Equal opportunity in enjoyment of any Fundamental Right Charging reasonable Fee and actual Expenses in dealing with the Case.

5. The institution shall not to entertain any individual Case of any nature of any person of any status other than the above four objectives.

6. The institution can invite membership fee of Rs.100/- from Lawyers and Social Personalities those are interested to join this institution conditioned for the above five objectives and goals to be naturally bound.


7. The institution will further start a website in its own anticipation temporarily with signed members of presently listing the opted CENTRAL LEADING TEAM with a provision to enrolment of interested members through the Website directly giving the Name , Place , email-number in the first phase so that , soon after attaining minimum 180 members enrolment , to finalise all the further issues of Central Team , individual State Teams etc.,

Believe legal rights are prime requirement of our civilization than our foods for survival!
The very purpose of this National Legal Forum under NGO provisions, without any influence of any political motivation. With the involvement of expertise of all the sectors and obviously with the loyal efforts of lawyers, whoever is joining the Forum.
Need to add its identity as it will be a Forum for the objective of public interest against those rulers and the rules, which are being used not in public favour and we remain unprotected/uncivilized!
To fight for Constitutional remedies for the fundamental rights and against corruptions for healthy civilization! So that Fundamental rights of our constitution can work more effectively/efficiently towards civilization!

Request strong participants to join by uploading/sending their e-mail ids... more