COMBATING MODI

                               COMBATING MODI

        Combating Modi in election arena is unnerving Congress and they are using all kinds of foul language to demean Modi.Salman Khurshid,India`s Foreign Minister called Modi,Gujarat Chief Minister "Impotent "for his inability to handle Godhara riots.The word "Impotent" is commonly used,claims Salman forgetting that the expression is unparliamenty.Once Yashwant Sinha,BJP had used the same or similar expression" Shikhandi" for Dr.Manmohan Singh which was widely condemned by Congressmen.However,Congress never felt shy in using all kinds of derogatory statement for Modi.
          Congressmen take the clue from the President of the party who also used derogatory language against Narendra Modi during her election speeches all over.She called Modi " Maut Ka Saudagar" during Gujarat election,people of Gujarat gave her befitting response by electing Modi for third time in the last Gujarat election.She again accused Modi of carrying "Zahar Ki Kheti"in the last Assembly elections and Congress was wiped out from all the four states which had gone to  polls in last November.One of the Congress leaders called Modi as "Yamraj".Mani Shankar Iyer said the tea vendor Modi can never become the Prime Minister and that Modi can open a tea stall in AICC and sell tea.Modi decently used the ocassion. "Chai Ki Chapal   " successfully through out the country.
          Since Congress finds it difficult to combat Modi in election arena,every opinion poll showing up rise for Modi not only in Hindi belt but every where including North East to South where BJP had no base,Congress is going amuck.Godhra riots would have been laid to rest,particularly after Magistrates order,Congress and Seculer parties do not want to burry it and want to keep it alive to constantly remind minorities of the riots and instilling fear in their mind and distract them from Modi and BJP.Even Prime Minister did not desist from mentioning Gujarat riots in his last Press Conference where in he said that Modi presided over massacre of Muslims in Ahmadabad and that Modi will be disaster for the nation.Nation was stunned on this statement as P.M.showed scant regards to order of the Court.There is no inquiry,investigation or court proceeding pending against Modi.Do I take that all Prime Ministers and Chief Ministers in the past years were guilty of genocide where thousands and thousands lost their lives in various riots in India?
               On the contrary,Modi never talks about the riots or divisive politics of Congress and other seculer parties in his rallies.He,no doubt lambastes Congress of corruption,mal administrations,price rise and people's suffering during last ten years.He compares the progress made by him in Gujarat and other States ruled by Congress and allies.He boasts about progress made in Gujarat on all fronts and projects his "Gujarat Model".He is not wrong in talking about good governance and development and promises to various regions their dues.
         The literacy rate in Gujarat is 79% compared to 74% country wide.The poverty rate in Gujarat is 16.6% below the poverty line where's national average is 21.9% below the poverty line.Gujarat`s average annual growth rate from 2005-2011 is 10% .It was a  spectculer performance of Gujarat Government,who can challenge that.Gujarat is a power surplus state where every house hold gets 24X7 electricity,enrollment of children of primary -school level is 100%.Modi has tamed the bureaucracy and it is lending their helping hands for achieving growth.
             Let the Congress and seculer parties challenge the assertion being made Modi on national platforms.Most important is that he is incorruptible,which is a rare quality amongst the politicians today,his efficiency is never in doubt.As against that,abusing him day in and day out is no answer.Abuses hurled at Modi have been befittingly responded by the people in the past and shall be properly answered in the National election.

Demise of 15th.Lok Sabha

                            Demise of 15th.Lok Sabha
  

       Today the 15th.Lok Sabha came to the end of its 5Yrs.term.Members paid rich tribute to the Chair and complemented each other.Looking back to its five yrs.term,this Lok Sabha transacted minimum number of business which it was obliged to transact,adjournments and suspension of working hours and days have been the hallmark of this Lok Sabha.No doubt,it passed certain very invaluable laws such as Lokpal Bill,Reorganization of A.P.Bill giving birth to Telangana,the 29th.State.
       The conduct of business on many occasions were short of expected conduct on the part of its members.I can safely say,this Lok Sabha failed to stop degeneration of India.The government played all its tricks to achieve its objectives and the opposition was no match to treasury benches.Many UPA partners deserted the ship navigated by Dr.Manmohan Singh but despite the fact that UPA government was reduced to minority status,still the Government marched away with its flag with the help of governmental agencies tweeting the tails of some leaders of political parties who wittingly or unwittingly were forced to support the government.
         At times,members showed utterly disgusting behaviors when they fell short of ruly behavior what ever may be the reasons.Their behaviors did not set an example for others.Politicians are supposed to behave like a politician only but National Interests were supposed to be paramount for them which they failed to safeguard.
           I pluck a leaf from the history book from the year 1948.We had achieved our freedom and our first government was functioning under Pt.Nehru with Sardar Patel as Home Minister.Second World War had come to an end.Winston Churchill,the hero of world war had lost the election and he had become former British Prime Minister.Churchill accused the socialists saying " on gaining power threw themselves into the task of demolishing our long built up and splendid structure in the East with zeal and gusto,and they certainly have brought widespread ruin,misery and bloodshed upon the Indian masses to an extent no one can measure."Power has been recklessely confided to Indian political parties which in way represent the needs or feelings of the 400 million people who had dwelt so long under the protection of the British Crown...............................   "We have witnessed the violent action of Mr. Nehru`s Hindu Government against Kashmir,four-fifths of whose population are Muslims.It may be that soon this Government,using the modern weapons we left behind,will attack the ancient state of Hyderabad with its 17 millions of people and overthrow the Government of the Nizam."
          Churchill further reported to have forecast: " Power will go into the hands of rascals,rogues and freebooters.......These are men of of straw of whom no trace will be found after a few years"
         Sardar Patel reported to have thundered " I should  like to tell His Majesty`s Government that if they wish India to maintain friendly relations with Great Britain,they must see that India is in no way subjected to malicious and venomous attacks of this kind and that British statesmen and others learn to speak of this country in terms of friendship and goodwill......................Mr.Churchill is an unashamed imperialist and at a time when imperialism is on its last legs,he is the proverbial last ditcher to whom obstinacy and dogged consistency mean more than reason,imagination and wisdom................."We therefore decided to drink the bitter cup and accept the lesser evil of partition,only on the condition that it commanded the support of all parties........................"The fact of the matter is that, to vary the words of a British statesman,whether Mr.Churchill roars like a lion or coos like a dove,it is his ignorance and blind prejudice that must come out prominently.......
          Churchill enjoyed the retort of Sardar Patel and said  " Sardar Patel should not confine himself within the limits of India,but world was entitled to see and hear more of him.
        There was Sardar Patel who could reply befittingly to bulldog Churchill but have our Parliamentarians come true to the forecast of the description of of politicians as rascals,rogues and freebooters?

A Question

                                                A Question

         I am just posing a question to all BJP supporters and more particularly to Modi`s supporters with regard to stand taken by the BJP in Lok Sabha on TELANGNA issue.
         Telangna issue was hanging fire for the last 60 yrs.In the last 10 yes.the issue had taken a new hight when UPA had promised in its manifesto in 2004 to create the state.Aspirations ran very high when Chandrasekhar Rap,TRS chief joined the UPA government but when found that UPA was evading creation of state walked out of the government,he undertook fast unto death which was broken when again assurance was given.Osmania University students took to streets and paralyzed Hyderabad.Vigorous consultation process was undertaken by UPA with various groups.Justice Srikrishna Commission was set up to consider the issue.The Commission examined all the parties and gave some way out in its report but did not give clear finding that Telangana should be formed.Once the then Home Secretary even announced the decision the formation of state but quickly the steps were retraced.Lot of confusion prevailed till UPA firmly made all its vote bank calculation and came to the conclusion that if state is not formed,it is going to be completely wiped out from Andhra.
             When Narendra Modi spoke in Hyderabad rally,he unequivocally supported the cause of Telangana whole heartedly and lambasted central government from dithering away from the issue.
         Jagan Mohan Reddy of YSR Congress,Chandrababu Naidu of TDP and even Chief Minister of A.P.Kiran Reddy started opposing formation of Telangana and pleaded for unified Andhra.Protests,Bandhs and other mode of resentments were resorted in Seemandhra region.Government started preparing to move into the directions.
          Andhra Assembly rejected the motion of the President in the Assembly by voice vote.
           Now the question is,is BJP right in supporting the creation of Telangana.BJP have always drawn flak in parliamentary election from South except from Karnataka.Congress was planning to shake hand with TRS in Telangana to corner 17 seats from Telangana region,supporting Chandrasekhar Rao of TRS helping formation of his government in Telangana.Congress also planned to allign with Jagan Mohan Reddy of YSR Congress to corner some seats from Seemandhra region.If BJP had not supported the Bill in Lok Sabha,Congress would have had run away with 100% credit on formation of state.Probably,keeping in view to occupy some space in both regions,BJP supported the move.If on opposition of BJP,Telangana Bill had fallen,still Congress would have painted BJP as villain of peace.In Assembly election too the space would have been filled by Congress.Now when Congress-TRS hold one pole in Assembly election,BJP can take the place of opposition.In Parliamentary election too,all seats may not go to Congress-TRS combinations and BJP may garner some seats from Telangana region as BJP would also gain some sympathy and get some seats.
             In Seemandhra region too,BJP is trying to tie up with TDP and contest.In any case,TDP will never allign with Congress and YSR Congress and BJP is always a natural ally of TDP.
          To my mind,BJP has taken a correct stand to support creation of Telangana and add to its tally some seats from A.P.I will be delighted if some BJP supporter educate me if BJP should have taken a contrary stand.I am not on merits or demerits of demand made by Telangana region or whether A.P should have remained united.

An Opportuny Squandered

                            An Opportunity Squandered

         A golden opportunity fell into the lap of Arvind Kejriwal by a windfall which has been completely squandered by AAP leadership.It won 28 seats but still not enough to form government in Delhi but Congress gave unconditional support for what ever intention but 28+8 made it a workable majority in Assembly.Congress also helped them to win Confidence Vote.That was a guarantee for six months to remain in the saddle and deliver to the people of Delhi of its promises.
           Kejriwal started as a storm and was swept away by cyclone.Mindless start was indicative of their hurry to throw away the opportunity.Governance is so complex that they should have sat down to plan their way out with the planners who were instrumental in past in running the administration.They should have consulted some experts to finalize their vision.But it was probably their arrogance that they thought they are the last word in governance without any experience.
          I have seen even Judges of the Supreme Court and High Courts going slow with the matters assigned to them by the Chief Justice where the subject matters were not friendly with them.No Advocate is master of all subjects,when they are elevated to the Bench,still there are some fields which remain untouched.So, when such unfamiliar subjects are assigned to them as Judge, they always tried to go slow and grasp the subject.Once they felt they are fully equipped,they take normal pace.
             Dr.Manmohan Singh was suddenly nominated as Prime Minister by Congress President which he had never dreamt of in his life.It was an opportunity which came unexpectedly.He should have proved his worth by serving the people.An economist P.M. got 8.4% growth rate to begin with but he never behaved like a Prime Minister rather started going by what order came from High Command.Their he fell into the trap and threw away the opportunity to function as real Prime Minister and turned out to be just a Robot moving on the signal of his boss though Prime Minister under our constitution has no boss.Dr.Manmohan Singh is ending his 10 yrs. of stint as a P.M having presided over the most corrupt government since independence.
           Narendra Modi was a dedicated swayang sewak of RSS since his childhood.He moved from place to place working for RSS like a Faqir,never had any material assets nor did he ever care for it.He had fully dedicated himself to the task assigned to him.Seeing his devotion to work,he was sent to BJP as its office bearer.There also he excelled and was promoted as BJP`s general secretary.In 2001,he was called by Atal Ji,the then Prime Minister and ordered to go to Ahmadabad and take over as Chief Minister of Gujarat.Modi grabbed the opportunity by both hands.What happened thereafter is known world wide.From a dedicated worker ,he quickly transformed into a seasoned politician,had never contested any election till then but mastered the art of electoral politics.
           Suffice to say,there is a difference between a performer and a slogan shouter.From street agitation,Kejriwal became the Chief Minister,an opportunity which does not come to even seasoned politicians but Kejriwal got this chance in just 13 months after floating AAP.He should have quickly transformed himself as a performer and should have delivered to the people what he had promised.
           It appears,Kejriwal is solely driven by his ambitions.Secondly,he is not prepared to listen to any one,not ready to abide by any law.He strongly believes,his words are final.Thirdly,there is no sane element in AAP,all his followers are Yesmen and are always to endorse his even lunatic view.He wants to quickly climb to the office of Prime Minister without any experience of governance.
         I guess,this goof up of throwing away the office of C.M.of Delhi in a huff will finally have a toll on his final ambition.

KEJRIWAL: A RABID ANARCHIST

                               KEJRIWAL:A RABID ANARCHIST

      Arvind Kejriwal has proved his point time and again that he is a rabid anarchist.For Kejriwal nothing matters to him except his own whim and fancy.The Constitution,the laws and the norms of the politics and society hardly matters to him.
        Kejriwal who is the produce of street agitation remains an agitationist and have not learnt even G of governance.Janlokpal Bill became heart and soul of Kejriwal since the days of Anna`s agitation in Delhi.It touched a new high.I was also one of the voteries of Lokpal Act to minimize the corruption but society needs more than the Act.
          When Kejriwal became the CM of Delhi,he vowed many a times that he will get the Janlokpal Bill passed in Delhi Assembly.He in fact wanted to hold an open sessions in Ramlila Ground to pass the Act.
        Delhi is not a full fledges State finding place in First Schedule to the Constitution.Under the persistent demand raised,Central Government conceaded the demand and gave an assembly to Delhi but it remained an Union Territory governed by the Central Government.It mabe known that despite being a state it does not have an Advocate General and a full Governer which is available to a full State.Only Parliament have the power to make laws for the UT`s but a concession was given to Delhi to make laws Under Article 239AA of the Constitution.
      An Act was passed by the Parliament Called Government of  National Capital Territory of Delhi Act,1991 which provided certain powers and restrictions.
          Sec.22 of the Act lays down:-
                   22.Special provisions as to finance Bills.-(1) A Bill or amendment shall not be introduced into,or moved in, the Legislative Assembly except on the recommendation of the Lieutenant Governor ,if such Bill or amendment makes provision for any of the following matters,namely:-
          (a).  the imposition,abolition,remission,alteration or regulation of any tax;
           (b). the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of the Capital;
            (c).  the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the Capital or the increasing of the amount of any such expenditure;
           (e).  the receipt of money on account of the Consolidated Fund of the Capital or the Public Account of the Capital or the custody or issue of such money or the audit of the accounts of the Capital;
      Provided that no recommendation shall be required under this subsection for the moving of an amendment making provision for the reduction or abolition of any tax.
           A reading of the S22 makes it clear that since creation of an institution of Lokpal required financial sanction ,the Delhi Government was under obligation to seek prior approval of the LG.
          There is a Transaction of Business Rules which provides that no Money Bill shall be introduced in Delhi Assembly without the approval of LG as representative of President of India.
          Arvind Kejriwal made the Janlokpal Bill and got it approved by his Cabinet.He should have sent to LG the Bill for his approval but he insisted that approval by the LG is not mandatory.The LG sought legal opinion from Solicitor General Sri Mohan Parasaran who gave opinion that The Act cannot be introduced in Delhi Assembly without the approval of LG.Arvind Kejriwal also sought opinion from a few Senior Advocates.Sri K.N Bhat,Sr.Advocate gave opinion that Transaction of Business Rules are unconstitutional but maintained that the provision should be challenged to get a declaration from the appropriate Court.Sri Solo Sorabjee,former Attorney General maintained that Delhi does not any approval from LG or Central Gvt.
           The CM recommended to the LG for convening special session for the assembly to pass the Janlokpal Bill but did not send the copy of the Bill.The LG again consulted the Law Department which said that Janlokpal Bill is a Money Bill as it requires huge finance to raise the institution of Lokpal in Delhi and therefore needs prior approval.
             LG finding that the Bill was not sent to him by the Delhi Government for his approval,sent a message to the Speaker that he cannot allow the Bill to be introduced in Assembly as he did not have the chance to see the Bill.The Speaker avoided to read out the message in the assembly but on persistent demand by BJP and CONGRESS had to read it out.The opposition wanted the message to be adopted by the assembly but in a huff Kejriwal sought the permission of the Speaker to introduce the bill.Without any discussion on introduction of the Bill,Speaker gave him permission to introduce the Bill in blatent violation of message of LG.The AAP government became a law unto itself.The Hose was adjourned for 20 Minutes.The AAP maintained that the Bill was introduced.
       However,when the House reassembled there was hue and cry raised by BJP and Congress combine which forced the Speaker to put it to vote and the House by 42 votes ruled that the Bill is not introduced.This was bound to happen only in that direction as BJP and Congress always held the view that that the Bill cannot be introduced without prior approval.
      Arvind Kejriwal has proved time and again that either it is My way or Highway.Society is not run on the whim and caprice of a single individual.AAP has proved that there is more than High Command culture prevailing in this party.It has become hoax and people have to be careful in future to vote for Kejriwal & Co.

Should The Prime M

                    Should The Prime Minister Resign ?
   
       Arnab Goswami in his Super Time News Hour at 09.00PM on Times Now last night shouted at least 20 times why should the PM not resigned.Dr.Subramaniam Swamy defended the PM and said that PM should not resign as worst than him will become PM.He had taken a pun on Chidambram.Gaurava Bhatia of Samajwadi Party said" Made KO Kya Marina"
       I just kept on laughing in my sleeves on Arnab Goswami posing the question.I asked myself "Was PM ever visible in his Coveted Office of PM that he should resign"Dr.Manmohan Singh has been always been a dysfunctional PM.It never mattered to the nation whether he was there or not.He was always an invisible PM.
       Manmohan Singh will always be remembered as most inefficient an ineffective PM in the history of independent India who warmed the seat for the Yuvraj to grow and mature to take the mantle.He has never been his own rather a robot to act on the instructions of 10,Janpath.He will always be remembered for presiding over a most corrupt government who allowed India plundered by his cabinet colleagues without having raised his eye brows even once unless he is personally attacked.
         The loot of Rs.One lac Seventy Six Thousand Crores in 2G case never moved him an inch to protect the interest of the nation.A.Raja always maintained that he had taken all action in 2G by always informing the PM.The rates were fixed in consultation with Chidamabram.All contemporary documents showed that PM in the knowledge of all developments.PM did not take any corrective steps.He was invisible.
          In Commonwealth Games loot case.serious charges were being leveled against Kalmadi but PM did not take any step to curb the wastage and cornering of funds. When chorus reached high decibal,he said that let the games be over,actions will be taken.He appointed Shunglu committee to look into the matter but no action was taken after the report was submitted.
         He was Coal Minister in 2004-2009,was instrumental in allotting 142 coal blocks causing a loss of Rs.One Lac Eighty Thousand Crores as estimated by CAG.Not a penny had come to the public exchequer and the ownership was transferred to private companies without following any transparency.When various eye brows were raised,all the files went missing.PM spoke in Parliament saying that he was not the custodian of files.Not a ripple was found on his forehead.Though as Coal Minister he had signed the orders for allotment of coal blocks,it was maintained that it was not possible for the PM  to read the files before signing.In 2G case all blames were placed on the shoulders of the Minister A.Raja but in Coal scams.all the responsibilities were fastened on Coal Secretary Parakh and he is facing the brunt.Was PM visible?
             Yes,PM was visible when Nuclear Power Bill was was introduced in UPA-1.PM made it his prestige issue and the Parliament was shaken upside down to get the Bill passed as he was to report to George Bush Jr.the President of USA.He was again visible when No Confidence Motion was moved against his government.Unaccounted monies were passed n to the MPs to win the motion.BJP MPs had produced the bundle of currency noted on the table of the House.He was not at all ashamed.
             When Rahul Gandhi torn the Ordinance and threw in the dust bin,PM carried the will of Chota Saheb and reversed the Cabinet decision.When Vice President of Congress demanded that the number of  cooking Gas cylinders be raised to 12 from 9,he at once carried the orders and implemented it.
              So,when ever people were in difficulties,nation was being plundered and Country was being fleeced,he remained invisible and dysfunctional.He functioned only to carry the dictates of his Taliban.Who cares,he survives in office of PM as his continuation does not matter to the nation.He will  always remain in our History books as a dumb,deaf and blind PM.
           

U-Turn on NaMo

                                 U-Turn on NaMo
  
        It came as a Sweet Dream Come  True for NaMo supporters and  Where To Hide Our Face for Congress situations when the news broke in the morning that US envoy Nancy Powell is likely to meet Sri Narendra Modi,Gujarat Chief Minister on February 14 or February 15,There is buzz in political circles in Delhi.Sri Ravi Shankar Pd. of BJP apparently was glad at this development saying when Modi`s graph is rising in India, there is bound to be a shift in US position.Manish Tewary not feeling very happy responded "You better ask those who are giving Visa or the person who applied for Visa" Most bitter appeared to be Sri Tyagi,Rajya Sabha MP from JDU as if he had lost his fort for ever.Most bitterly he responded that it is a matter of shame for Modi going begging before US for Visa.
        These reactions are on expected lines but the million dollar question is why US taking a U -Turn in this regard.Whole of West had almost dumped Modi after Godhara carnage of 2002.Modi had existing Visa for US which was canceled in 2005 after several Human Rights Organization had exerted pressure on US to take the drastic step to cancel his Visa.NaMo was rediculed by all as if he was caught red handed shooting the Muslims in Ahmadabad.He was humiliated by all concern including Congress and all Seculer parties.Even Vajpayee Ji was moved on the incident of Godhara but Advani Hi stood by him like a solid rock.Modi was hounded by one and all except who had firm belief in him.
         However,The West started softening its stand toward Modi in the last two years realizing his achievents in Gujarat.They started meeting him and expressing their desire to become partner in Gujarat`s developments.Our own Industrialists had started sharing stage with him seeing his abilities and incorruptible image and his zeal to accomplish the task.Modi had converted Gujarat into  a vibrant  State.
           In US also, Indian Americans (Gujarati's ) became Modi`s spokesperson as it is a powerful business community in the world.In BJP , Rajnath Singh showed his guts and declared him to be Chairman of Campaign Committee in Goa even at the cost of annoying Advani Ji.Dust settled down a bit and elections in four states approached Again there was a tug of war whether to declare Modi as P.M nominee or not.Rajnath Singh again showed his guts and after hectic consultation Modi was declared PM nominee despite some reservation at some corner.Modi had already started batting on the pitch,but after he was declared PM nominee,he took all his courage and started showing his charisma going all around.People found a new definition and vibration in Modi,his vision of growth and development started finding feet on the ground.Where ever he went,from North to South and East to West,people were filled with new energy let loose by his loud and clear message.He touched the heart and soul of everyone,particularly youth who had lost all hopes in our rotten system.They could see a ray of hope in Modi`s promises.The opinion polls by various channels showed up rise for Modi and BJP.The message is loud and clear by now that people would like to give a chance to Modi.
             Then came the silver lining in the shape of CLEAN CHIT by Ahmadabad Magistrates Court in last December.MODI THE MURDERER tag melted away which was giving him long and blind chase for the last more than 10 years.Secularists had become dumb on the Courts order.
           The CBI was to file its supplementary charge sheet in Isharat Jahan case.It was being guessed that UPA will not leave a stone unturned to influence CBI to roap in Modi confident Amit Shah in the supplementary charge sheet but to every one`s surprise,Amit Shah was not roped in and a clean chit was given  in Ishrat Jahan case also.More significant was the statement of CBI Director Ranjit Sinha`s statement the next day that Government would have been happier if Amit Shah would have been named.This statement gains little more significance because,the parrot CBI showed guts to come out of the cage.
              On The US front,it is reported that in the States Department of US, there has been some change and one Indian American of Gujarati origin has been appointed Asst.Secretary of States.The US cannot shut its eyes from the realities of today's India and Modi`s rising graphs.If US has to mend its way towards Modi,it is now only as tomorrow will be too late.
         All the above factors,appears to have forced US to take a U-Turn on Modi.
           I am really delighted that every thing is going positive for NaMo and our dream of Congress  Must Bharat is coming closure.

Emblems and Names

                                  
                                        Emblems and Names
 
         While working in our Bar Association Library in Supreme Court,I came across an Act of Parliament passed in 1950 called THE EMBLEMS AND NAMES ( PREVENTION OF IMPROPER USE )ACT,1950 which extends to whole of India and also applies to citizens of India outside India.It came into force on 1-9-1950.
             S.2( a ) defines "emblems" to mean any emblems,seal,flag,insignia,coat-of-arms or pictorial representation specified in the Schedule.
              S.3 provides that no person shall,except in such cases and under such conditions as may be prescribed by the Central Government use,or continue to use, for the purpose of trade,business,calling or profession or in the title of any patent or in any trade mark or design, any name or emblem specified in the schedule .................
              The schedule contains around 30 names and names of the institutions, such as UNO,WHO,Indian National Flag etc.It includes some names as follows:-
            A.  Chatrapati Shiva Ji Maharaj
            B.   Mahatma Gandhi
           C.    Pt. Jawahar Lal Nehru
            D.   Srimati Indira Gandhi.
        I am surprised that despite the prohibitions,Indian National Congress is using the Indian Tricolur in its flag and advertise it in their ads. for all political purpose and collects huge funds from various sources out of that more than 90% is in cash.The party does not disclose the source of receipt and is not subject to RTI.That means no person can seek any information about such funds.
            Secondly,the names of Pt. Jawahar Lal Nehru and Srimati Indira Gandhi have been elevated to the status of national emblem.I have great doubt about these two names who may be greats in the eye of some people but certainly a lot of people may express reservations about them.
            Most of the people know or it is well known that Pt.Nehru was not the first choice of the Congress for the post of Prime minister ship.It was Sardar Vallabhbhai Patel who was elected to be Prime Minister by the PCCs in 1946 but because of Mahatma Gandhi, Sardar Patel had to withdraw his name and Pt. Nehru became the Prime Minister,That apart,Pt.Nehru became cause of many malice our country is facing.Authors have written volumes on the failures of Pt.Nehru.
             Likewise,the name of Srimati Indira Gandhi also lacks credibility in the political and social fields.She was responsible for imposing draconian Emergency in 1975 when she was unseated by the Allahabad High Court for misusing government machineries.She ammended the Constitution for her own benefits.She was also responsible for criminalization of politics in India.
            Suffice to say that these two names,every Indian does not feel proud of .If there is one name which commands respect from one and all,he is Sardar Patel who had become a legend during his life time.
              In my submissions these two names must be removed from the Schedule of the Act with immediate effect.
        

CONSTITUTION

                                            CONSTITUTION

            " With respect to first of these arguments,I do not think S100 imposes on Parliament the duty to continue to provide Judges with precisely the same type of pension they received in 1867.The Canadian Constitution is not locked for ever in a 119 year old casket.It lives and breaths and is capable of growing to keep pace with the growth of the country and its people .Accordingly, if the Constitution can accommodate, as it has , many subjects unknown in 1867-airplanes,nuclear energy,hydroelectric power - it is surely not straining S100 much to say that the word 'Pension',admittedly understood in one sence in 1867,can today support Judicial legislation based on a different understanding of Pension"
      ( Extract from the Judgment of CJ Dickson of Canadian Supreme Court in Queen v Beauregard.1987 LRC ( Constitution) 180  ( Supreme Court of Canada)
             The aforesaid passage extracted above has been approved by the Hon`ble Supreme court of India Judge`s case ( Supreme Court Advocate on Record Assn. V Union Of India in the year 1993.
       Accordingly, our Constitution is also a living organic document which advances with the time and is not a static dead document.It lives and breaths and support the people of India in all situations.
       The preamble to the Constitution namely Socialist Seculer Democratic Republic are the basic features of the Constitution along with Independent Judiciary.Justice,Liberty,Equuality,and Fraternity are the goals of the Republic.
      Dr.Radhakrishnan,former President of India in his book Recovery of Faith explained seculerism as follows-
          " When India is said to be a seculer state, it does not mean that we reject the reality of an unseen spirit or the relevance of religion to life or that we exalt irreligion.It does not mean that seculerism itself becomes a positive religion or states assumes divine prerogatives."
             Unfortunately,seculerism has been taken to absurdity to condemn the majority and spread a hate campaign against them. To call itself a Hindu is seen as antinational as if Hindus sow the sead of discord.
           Art.44 speaks about Uniform Civil Code in Chapter-4 which is Directive Principles of State Policy.The State has never strived for framing Uniform Civil Code.The Supreme Court  twice suggested to the Central Government to take steps to frame Uniform Civil Code but such suggestion has never been listened to by the government of the day.There is no effort to advance the goal of the Constitution.
           The Supreme Court, of course , has been always advancing the purposes of the Constitution and made it a vibrant Constitution.New vistas have been opened by using the path of interpretation.The meaning of "Life and Liberty" under Art.21 and Equality under Art.14 have been liberlised to cover new events of life.A citizen is more secured today than he used to be before.The Supreme Court have always endevoured to balance the Social Policies by emphasizing and pressing the Equality clause.Left to the Vote bank politics and vote bank politicians,they would have tilted the Constitution lopsided for their own benefits but Supreme Court promptly stepped in and checked the imbalance.
          The amending power of the Constitution under Art.368 were misused a few times in the past.In a 13 Judge Bench Judgment popularly known as Kesvanand Bharti`s case it was held 7:6 that Indian Parliament have the power to amend the Constitution but can not alter the basic features of the Constitution.The political party using its brute majority would have destroyed the Nation taking the Constitutional route itself.But the aforesaid Judgment is a check in the that direction.
           During emergency clamped in 1975,all fundamental rights were suspended including the right of Life and Liberty.In ADM Jabalpur V Shukla Case a contention was raised by then Ld.Attorney General that even a man is shot dead, he has no remedy as the fundamental rights are suspended.4 Judges accepted the contention but Justice H.R.Khanna gave his dissenting judgment negativing that contention. He said that Life and Liberty are natural rights only recognized by the Constitution and it does not flow from Art.21 of Constitution.The salutery judgment of Justice Khanna was hailed through out the world but it cost Justice Khanna Chief Justiceship as he was superseded by Justice M.H. Beg who was appointed Chief Justice .
          The Constitution envisages separation of powers amongst the three wings of the State namely,Executives,Legislatures and Judiciary,though unlike U.S.Constitution which employs strict separation of Power,our Constitution lays down only loose separation of Power.This has lead to spats between the wings of the State.At times there is Judicial Legislation namely Judiciary legislation in the Grey area not covered by the legislation but at times there is Legislative Judgment when the legislature tries to annull the Judgment of the Court by legislating.
            I have only tried to give a bird eye view of a few provisions of the Constitution and not dealt with whole of Constitution.

Misuser of Public Funds

                              Misuser of Public Funds

       I am appalled at the misuser of Public Funds in releasing BHARAT NIRMAN ads  on almost all the channels of electronic media, in every print media and on every nook and corner of Delhi costing thousands of Crores to the Public Exchequer.My information's are  that the funds are being released by GOI.If the funds are released by any political party comprising of UPA, then I have to say nothing.These ads carry the photos of PM as well as Mrs.Sonia Gandhi.PM heads the Gvt. of India, so he has every authority to speak for the Government but then why Photo of Chairperson of UPA is being carried.
          It is obvious that these ads are meant to influence the voters in 2014 Parliamentary election but the GOI is not going to contest the election.Only political parties are going to contest the election.Then why GOI is releasing the funds and whether the GOI have taken authorization from the Parliament in accordance with Arts.107 to 117 of the Constitution relating to Parliamentary procedure to seek release of funds from Consolidated Fund.The above Constitutional provisions lay down that all Gvt.expenses shall be charged from the Consolidated Fund on motion passed by the House Of People( Look Sabha ).I doubt very much that any motion has been passed by Lok Sabha in this regards as they do not relate to either the salaries of Constitutional  Authorities nor does it relate to other expenses of running the government.I am also not sure whether there is any budgetary allocations for this purpose as the expenses do not pertain to any public good or benefit the people at large.
             These ads only help the party in power to promote itself in the ensuring elections.But then why should the GOI spend for the benefit of a political party in power.The party in power has huge funds collected from many sources  running into thousands of crores which is not even within the purview of RTI.Why the political party not spend from its own funds for its own political prospect?
             After all, public revenues are collected through coercive methods from the public by imposing direct and indirect taxes.Those persons who have taxable income pay Income Tax,those who don't not have taxable income,also pay taxes indirectly by paying excise etc.The funds collected from the people are pooled into Consolidated funds which are used for public purpose for the benefits of the people.
              Should such Public Funds be allowed to be used for such purposes such as promoting the interest of a political party?

Third Front

                   Third Front government in 2014,is just to glamorize its constituents and nothing more than. It is a mirage they are chasing ending in Nothing Found At the Last Syndrome. To start with, it is a devise for most of its constituents to distance itself from UPA and the sins committed by UPA.Some of the participating parties had supported UPA at some or the other stage barring BJD and JDU but JDU of Nitish Kumar had been hobnobbing with UPA for association in 2014 election.Only because Lalu Yadav was fast enough to rope in Congress and LJP of Ram Vilash Paswan,JDU drew a flak.So Nitish now is part of so called Third Front.
            In every election season,Third Front endevour to draw some blood but ultimately lands supporting either Congress  or BJP combinations.After the fall of 13 days Government of Sri Vajpayee in 1996,National Front constituted its government with out side support of Congress.Devegowda was its Prime Minister who could survive for ten months.After his fall,I.K.Gujral became the Prime Minister who also fell quickly giving fillip to people to give better number to BJP and Sri Vajpayee formed his government which survived for 13 months.BJP faired a little better in 1999 and Vajpayee Ji formed his third government which survived for full term and fared much better than many of the government in the past.We love to  remember Vajpaee Ji for his governance and leading a combination of 24 political parties.
               The Third Front government in 2014 is only a figment of imagination of its constituents which can not see the light of the day being equi distance from Congress and BJP.If it all becomes a reality .it has to draw its support from Congress and shall meet the fate of National Front Government of Devegowda and Gujral.It means a fragile government.Can India afford such an instable government in 2014 when Country is passing through the a critical phase.UPA has brought the nation to a virtual halt.Growth has come down to 4.5%, inflation is in double digit,industrial growth is almost negligible,people are suffering from many malice?
               It shall be a disaster for the nation and its people.Economy has to be mended,confidence has to be instilled in the mind of the people.At this juncture, there is only one man who can give a decisive leadership to the nation and he is Narendra Modi who has established by his decisive leadership that he is the man of the moment.Modi is decisive,he is honest and incorruptible,lead the Gujarat Government to the path of growth and development.
           As against Narendra Modi, Third Front shall suffer the choice of leadership.Who will lead Third Front-Mulayam Singh or Jayalalitha or Biju Patnaik or Manta Bannerjee or again Devegowda.Some of the leaders who seek distancing from BJP and Congress does not see eye to eye.That apart,Mamta`TMC will not sit with Left Parties,Jayalalitha can not see DMK by her side,Mayawati would not tolerate Mulayam Singh.There shall be total confusion in the formation of government.
          That apart,there is question of number 272+.Will Third Front ever dream to come closeer to the number.Support to Mulayam,Mayawati,Nitish are dwindling.In this scenario,Third Front Government appears to be a  distance possibility.
            The solution to this piquent situation lies with the people.I only hope people vote decisively and bring a government which is lead by a decisive and an able leader to provide stability to the nation.

                        Value The Relationship
 
        "Mata Ram Matpita Ramchandram,Swami Ram Matsakha Ramchandra"
                                       ( An extract from Sri Ram Raksha Stotram by Budh Kaushik)
The above stanza from Sri RamRaksha Stotra is heat and soul of a devotee who binds himself with Lord Ram and matures his devotion to Lord Ram.
         Building relationship is very anchor of our society since long.Every one from his birth knows the relationship.An infant starts recognising his mother from very touch of his mother and as he grows,he finds more and more relationships with his family members.He does not know speaking but responds to his relationship.
          Lord Ram was going to be crowned as the king but the table was turned by Kaikayee,on whose insistence he was ordained to be an exile and surrender the crown in favour of his younger brother Bharat.He renounced his crown and left Ayodhya without any murmor as He wanted to value the relationship with his father.When Bharat came back to Ayodhya he too refused to be king for the sake of his relatiinship with Lord Ram who was not only his elder brother,he was devotee of the Lord.
         When Mahabharat war was going to take place and the two armies were standing opposite each other,Lord Krishna who knew the value of relationship asked Yudhistir to seek the blessings of his elders who were standing fully armed with their salvos on the other side leading the army of Kauravas.Yudhistir did not hesitate even for a moment and stepoed out and went to his elders in Kauravas army and touched their feet and sought their blessings.All his Parijans and Gurujans also knew the value of relationships blessed him profugely"Be Victorios".Needless to say,five brothers of Pandavas under the guardianship of Lord Krishna concured the mighty army of Kauravas.On the contrary,Duryodhan who did not know the value of relatioship did not step out to seek the blessings of Yudhisthir who was elder to Duryodhan.He lost the war and lost all his mighty warriors and his brothers.
          In 1946,when the term of Maulana Abul Kalam was coming to an end,Gandhi ji wanted that Sardar Patel should become the President of Congress so that when independence is gained,he becomes the Prime Minister of India.Votes were taken in and 12
PCC's voted for Sardar Patel to become the President.No PCC had voted for Jawahar Lal Nehru.Maulana Azad suggested to Gandhi Ji that instead of Sardar Patel,Nehru should be the President of Congress eventually to become the Prime Minister.Gandhi Ji suggested to Sardar Patel to withdraw from the contest and allow Nehru to be President.Sardar Patel had heloed Gandhi Ji in freedom struggle at every step and Gandhi Ji trusted Patel more than any leader and for Patel,it was the time to lead the nation and fullfill his dream of Strong India but Patel withdrew from the contest valueing his relationship with Gandhi Ji.Maulana later regretted that Patel would have been a better Prime Minister.Sardar Patel though lost to become PM but never showed any disrespect to Gandhi Ji though Patel felt pain that he was deprived of leading the nation to achieve the dreams.But valueing the relatinship,he honoured Gandhi Ji's desire.
         The relationship should alwaays be valued and cherished for ever to make it a memorable.Our behaviour with every one should be such that we should feel like saying sorry for our conduct and that after some strain in relationship,if we happen to meet again, we donnot feel ashamed of our conduct and hang our head with shame.

                  Language in Social Media
   
      This is only a gossip and not a censor to any body or any thing.I just want to share my experience with friends as I have spent 40 years in the Profession of Law at the Apex Court level.
      60% of the Judges at High Court level are made from the Bar and rest from the service.Therefore,those who are Judges have undergone the training at Bar.When we finish
our cases in the Courts,we come to the Bar and spend some leisure time with colleagues freely without any restriction of language.The discussions range from cases to politics to Judges etc.At time indecent language is used by a few members but not by all.We heavily criticise the Judges who happen to be our colleague in the days of practice.Judges also know how they are criticised in the Bar because they have also been doing the same thing without exeception.But when we go to the Court to argue our cases,we strictly maintain the decorum and use only such language which are employed in the Courts.We never use slangs or use such language which offends either the Court or brother colleagues.The cases are conductedin most serene atmoshphere.Any slip of language attracts spontaneous reprimand from the Court.That is because of serious training at the Bar.
          In 1991-1993,I was Hony.Secretary of the Supreme Court Bar Association.We used to have reguler meetings with the Hon'ble Chief Jastice of India on monthly basis to sort out mutual problems of Bar and Bench.In one of the meetings,Hon'ble Chief Justice Sri Rangnath Mishraindicated tu us that the youngsters are coming to the Courts without proper training and use the language which is not befitting the decorum of the Courts.In our
Bar Association Rules,there was no restriction on experience in becoming the member of our Bar.We ammended the Rules and incorporated 5 yrs.of practice for enrollment ais es member of S.C.B.A.It had salutery effect.
       In 1994,I was arguing a case before a bench of Justice K.Ramaswamy and Justice N.Venkatchala.The Court found that there wasa  flaw in the appointment of my client and thus his appointment was being annulled.That infuriated me under the apprehension that my client was going to loose his job as a lecturer after serving the college for 14 long years.
I was little enraged,I got excited,sweat started running on my face,my voice became little louder and tougher.I was just cheked by the Court.Justice Venkatchala loudely told the senior Judge that Srivastava is completely enraged.Justice Ramaswamy told him clearly audible to everyone in the Court" Donnot worry brother,this is Srivatava's style."Every one burst into laughter.I also laughed and felt relieved of tensions which I was undergoing.Suffice to say that even a small deviation in mannerism was immediately cheked.
        I have narrated the above just to illustrate that in public one has use very temperate,diccent,sober and parliamentry language which does not offend.I have found that on Social Media such as Twitter and Facebook,very offencive language are used.In democracy everybody has the right to express himself but nobody has the right to use foul language which offends others.I have experienced in my own case that a few people used such foul language that it cannot be reproduced by me.Very calmly I responded " Brother
"Brother,you have expressed yourself but I have also the right to express myself"This had immediate sobering effect.
           My only endevour is not to rebuke anyone but just mention that let us not use such language which offends others.What ever be the excitement or provocation,we should restrain ourselves and use only that language which is appreciated by others.

                      RACISM
    The racism being witnessed in Delhi in the last few days are shicking,something unbelievable.Can a civilized state indulge into such antinational activities?If this state of mind continues,only conclusive result is disintegration of India.
     Racism was a common site in west,in US,Australia where Indian boys have been killed or rhey suffered grivious bodily injuries.Sitting in we felt so bad,cursed them day in and day out for such inhuman behaviour,even cursed the administratios to allow such activities.We felt so much concerned about our wards living abroad.My daughter lived all alone in Canada between 2002-2008.We spent every moment with worries gripping us.
       But practicing racism in our own country against our own people is ghastly.India is such a vast country that North is different from South,East is different from West.Different look,different dress,different language,different food are invaluable assets of our nation but it is working as poison when racism is practiced.In every part of the world Southindian food is a delicacy,we go for it at least once a weak and we relish it Bengali rasogullas are liked through out India,Gujarati delicacies,Rajasthani Churan and Bati are sought for in every party,Punjabi Parathas are preferred every morning but those people are not tolerated.Kashmiris look different from a Malyalee,Sikhs give a complete look from a Bengali and so and so fourt but we live togather with all pleasure.Then why we despise people from NorthEast.They are part and parcel of Indian community.Arunachalis have suffered all the brunts from Chinese but surprisingly they suffer indiscrimination from Indians also.Is it justice and nationalism?
         I was invited to be Advocate General of Govt.of Sikkim where I functioned as such for three yrs.in midninties.I mingled wirh the Sikkmies with all pleasure partculery BhutiaLepchas communities who look different us.They respected me not only as a Constitutional Authority without any sence of racism.Those people were so innocent that I loved them.They are so simple,so honest,really loveable people.Not even for a moment I felt that I am not amongst my own people.I may add that Sikkim was not part of India till 1975 when it merged with India.But other NorthEast states are part of India since inception.Why do we hate them because of their look? They need to be loved like any other Indian.
         NorthEast boys and girls come to other states for education and jobs as thise are still needs proper development.They haveConstitutional rights to move freely through out India.Are we not scuttling their Constitutional and human rights?
         I can only beseach our brothers and sisters to desist from racism and not help disintegration of the nation.We are one and should remain one.