MAHAGHATBANDHAN Parties must Answer
1) Equality ; Life ; Rights ; and Justice ;
Articles 14 , 21 , 19 read with Preamble Guarantees of Constitution Justice, Social, Economic, and Political expanded their Scope while contemplating Article 37 , 38 (2) , 39 (a) (b) (c) , 41 , 45, 46, 48 and 50 . Article 36 read with Article 12 Specifically Separated Government and Parliament as well as Governments and Legislatures .
2) Article 36 read with Article 12 clearly mentioned that State mean Individual State as well as the State as a whole . ( Part IV was named as 'Directive Principles of State Policy' in adherence to the Text of this Article 12 )
This clarifies that Central Government i.e , the Union of India is responsible for the whole of Article 246 and the Schedules must resemble the same ( issues of JK, HYD etc etc adversely affected the Union Spirit ) . This is why Article 249 was Contemplated .
3) Article 14 says : Equality before Law
Article 15 says : Prohibition of discrimination in grounds of religion, race, caste, sex, or, place of birth :
4) Clause [1] of Article 38 was included for securing social State in which justice , social , economic and political shall inform all the institutions of the national life.
Clause (2) The State shall in particular, strive to minimise the inequalities in income, and endeavour to eliminate Inequalities in status, facilities and Opportunities, not only amongst Individuals but also amongst Groups of People residing in different areas or engaged in different Operations.
5) Article 39 –b says that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.
39 –c says that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment .
6) Article 39 A was added for equal opportunity for justice adopting to provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
7) Article 41 - Right to work, to education and to public assistance in certain cases :- The State shall within the limits of its economic capacity and development, make effective provisions for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want .
8) Article 43 says that The State shall endeavour to secure by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, as living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
43-A was amended ‘ for participation of workers in management of Industries ‘ is added through 42nd Amendment Act 1976 in support of article 38 , Clause 2 ; 39 , Clause - b , and c referred above .
9) Article 44 says that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.
10) Article 45 - Provision for free and compulsory education for children:- The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years .
11) Article 46 - Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections:- The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
12) Article 47 says that the State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition o the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
13) Article 48 says that the State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle.
14) Preamble of the Constitution promises and the directive principles are mandate to the State to eradicate poverty so that the poor of this Country can enjoy the right to life guaranteed under the Constitution. S.C. in the case AIR 1992 SC 1858 confined this for “ Life guarantee under Constitution .
15. Thus right from Preamble Guarantees, Articles 12, 14, 15, 19 (2 to 6) , 21, 37, 38, 39, 41, 43 to 48 including 50 , the Concept of Justice had been Diluted, Diversified, and also grossly ignored .
EVEN NOW GOVERNMENTS AND JUDICIARY NEED TO TAKE RESPONSIBILITY AND ENFORCE CONSTITUTIONAL OBJECTIVES AND MANDATES REALISING CONDITIONS OF ARTICLE 12 . Political Parties shall be educated by Election Commission in Honour of Constitutional Mandates. more
Articles 14 , 21 , 19 read with Preamble Guarantees of Constitution Justice, Social, Economic, and Political expanded their Scope while contemplating Article 37 , 38 (2) , 39 (a) (b) (c) , 41 , 45, 46, 48 and 50 . Article 36 read with Article 12 Specifically Separated Government and Parliament as well as Governments and Legislatures .
2) Article 36 read with Article 12 clearly mentioned that State mean Individual State as well as the State as a whole . ( Part IV was named as 'Directive Principles of State Policy' in adherence to the Text of this Article 12 )
This clarifies that Central Government i.e , the Union of India is responsible for the whole of Article 246 and the Schedules must resemble the same ( issues of JK, HYD etc etc adversely affected the Union Spirit ) . This is why Article 249 was Contemplated .
3) Article 14 says : Equality before Law
Article 15 says : Prohibition of discrimination in grounds of religion, race, caste, sex, or, place of birth :
4) Clause [1] of Article 38 was included for securing social State in which justice , social , economic and political shall inform all the institutions of the national life.
Clause (2) The State shall in particular, strive to minimise the inequalities in income, and endeavour to eliminate Inequalities in status, facilities and Opportunities, not only amongst Individuals but also amongst Groups of People residing in different areas or engaged in different Operations.
5) Article 39 –b says that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.
39 –c says that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment .
6) Article 39 A was added for equal opportunity for justice adopting to provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
7) Article 41 - Right to work, to education and to public assistance in certain cases :- The State shall within the limits of its economic capacity and development, make effective provisions for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want .
8) Article 43 says that The State shall endeavour to secure by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, as living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
43-A was amended ‘ for participation of workers in management of Industries ‘ is added through 42nd Amendment Act 1976 in support of article 38 , Clause 2 ; 39 , Clause - b , and c referred above .
9) Article 44 says that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.
10) Article 45 - Provision for free and compulsory education for children:- The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years .
11) Article 46 - Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections:- The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
12) Article 47 says that the State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition o the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
13) Article 48 says that the State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle.
14) Preamble of the Constitution promises and the directive principles are mandate to the State to eradicate poverty so that the poor of this Country can enjoy the right to life guaranteed under the Constitution. S.C. in the case AIR 1992 SC 1858 confined this for “ Life guarantee under Constitution .
15. Thus right from Preamble Guarantees, Articles 12, 14, 15, 19 (2 to 6) , 21, 37, 38, 39, 41, 43 to 48 including 50 , the Concept of Justice had been Diluted, Diversified, and also grossly ignored .
EVEN NOW GOVERNMENTS AND JUDICIARY NEED TO TAKE RESPONSIBILITY AND ENFORCE CONSTITUTIONAL OBJECTIVES AND MANDATES REALISING CONDITIONS OF ARTICLE 12 . Political Parties shall be educated by Election Commission in Honour of Constitutional Mandates. more
Viewed by 22
Both fundamentally prime Articles 12 and 19 awaiting Implementation even after 70 Years. A) * Article 12 defines that ' the State' include the Government ; and Parliament of India ;;; and Government ; and Legislature ;;; of each of the States and all local or other Authorities within the Territory of India or under the control of the Union of India . * It thus Separated Government of India, Government of a State from the Parliament and Legislature . It also confines that the Union of India and the Government of any State severally Responsible for the Directives of Part III and Part IV . * Article 12 and 36 thus together shall be the Essential elements of Article 246 and it's 7th Schedule requiring Specific Correction . B) * Article 19 (2) Nothing in subclause (a) of clause (1) shall affect the Operation of any existing law or prevent the State from making any law in so far as such Law imposes reasonable Restriction on the exercise of the Right conferred by the said subclause in the Interest of ( the sovereignty and integrity of India) or the Security of the State, friendly relations with foreign States , public order , decency or morality or ( in relation to Contempt of Court , defamation or incitement of an Offence ) * Article 19 (3) Nothing in the subclause (b) of the said Clause shall affect the Operation of any existing law in so far as it imposes or prevent the State from making any law imposing in the interest of ( the Sovereignty and integrity of India ) or public order , reasonable Restriction on the exercise of the Rights conferred by the said subclause. * Article 19 (6) Nothing in the subclause (g) of said Clause shall affect the Operation of any existing law in so far as it imposes or prevent the State from making any law imposing , in the interest of the general Public reasonable Restriction on the exercise of the Rights conferred by the said subclause , and , in particular , ( nothing in the said subclause shall affect the Operation of any existing law in so far as it relates to , or prevent the State from making any law Relating to : i) the professional or technical qualifications Necessary for practicing any Profession or carrying on any Occupation , trade ,or business or , ii) the carrying on by the State or by a Corporation owned or controlled by the State , of any Trade, Business, Industry or Service, whether to the exclusion complete or partial of Citizens or otherwise ) C) Above 2 Top prime duties of Constitution purposed for Overall function of Governance have been ignored grossly during last 7 Decades depriving general Public of their Constitutional Rights . INDIAN EXECUTIVE AND JUDICIARY NEED TO ANALYSE IN TRUE PERSPECTIVE AND FULFILL JUSTICE and Preamble Guarantees fast Please. more
Jan 02
I have a novel formulation as follows:--- Given the liberal democratic conditions prevailing in India at this moment of the 21st Century's 21st Year of time, if I were the Constitutional Head of a Nation, I will move forward for Indian Parliamentary Approval, to say that, A. There will be no need for various Political Parties to come out with respective Election Promises called Election Manifestos whereas the Independent Niti Ayog or the Planning Commission will declare a National Manifesto common to all the Political Parties in the interests of India devoid of the involvement of the conflict of interests of the Political Parties for the sake of and at the time of Elections. B. Emphasis should be on the Leadership of Individuals opting to become Prime Ministers belonging to various Political Parties rather than that of a Political Party as a whole or the pre-poll-alliances of Political Parties or coalition of Political Ideologies of Political Parties in India. C. The Candidates in B above will appear before an Independent National Panel of Selectors. more
Jan 02
Article 12 not promptly adhered. Preamble Guarantees left off. Article 19 Clause (1) grossly deprived GENERAL PUBLIC . Where is Implementation of Constitution IS TO BE PERFECTLY ANALYSED more
Jan 02
