Confuged Udhav Thakre ?

                                    Confused Udhav Thakre ?

            Bala Saheb Thakre founded Shiv Sena with a clear vision of ruling Maharashtra.He was bold,clear headed and courageous leader who tried to interwind Marathi Manush and their pride.He took many steps,he made many statements which can be termed as most controversial and was condemned by all.Late Machu Dandwate who was a great socialist leader from Maharasta who rose to become India's Finance Minister in V.P.Singh's Government once told me that Shiv Sena was a party of goons.He was not wholly wrong.SS used to indulge in hooliganism,create ripples between Maharastrians and Non-Maharastrians.Bala Saheb had the courage to challenge any body,his body language always suggested he reined supreme and ruled the roost.At grass root level,SS captured BMC,one of the largest corporations.However,his stances were anti Muslim and pro Hindu.
             Bala Saheb had alliance with BJP which was very carefully manicured by Vajpayee,and Advani which was given shape by Pramod Mahajan, the articulate leader close to the stalwarts of BJP.The alliance continued for 25 Yrs.No one Mumbai dared to defy Bala Saheb,however famous he may be.They knew,at the whisper of Bala Saheb his life could become miserable. Bala Saheb had made it very clear through his words and deeds.Matoshri was a Fort from where Bala Saheb ruled through his cheftians. Despite his dominating personalities,a few leaders deserted SS and some of the prominent leaders deserted SS.Chagan Bhijbal,Rane,and Sanjaya Nirupam are a few names to be remembered.Even his nephew Raj Thakre deserted him as he was being sidelined to empower Udhav Thakre.Raj Thakre not only defied SS,he floated MNS a political outfit which turned out to be a dampner for SS.
            Now that Bala Saheb is no more and SS is being steared by his son Udhav Thakre,a mild successor of a bold predecessor, scenario changed very fast.May Parliamentary election was a trial for Modi-Amit Shah who accepted the terms set by Udhav Thakre but having tasted unprecedented success on May 16,2014,the forward looking Modi- Amit Shah team became emboldened and wanted to test the waters of Assembly elections in Maharashtra and Haryana.BJP broke its alliance with Bishnoi's party HJS Party and decided to go alone in Haryana,Negotiations started for seat sharing in Maharashtra.BJP wanted to improve its tally which was at 46 (288) and wanted equal share on seats.Here the political accumanship of Udhav Thakre dried up and still wanted to dictate its terms with BJP.Udhav failed to gauge the ground reality and swelling support in favour of BJP.Amit Shah was elevated as BJP President and Modi was making a grand mark domestically and internationally.He was triumphing every where.People in Maharashtra too had shown confidence in Maharashtra where BJP- SS combine had cornered 42 seats.Modi was the face in May election but Udhav always thought it was he who reined in.
            Udhav should have accepted equal partnership in Assembly election but he remained stub burn and wanted to still behave like a big brother and wanted 151 seats for SS and 121 seats for BJP which was not acceptable to BJP.The 25 Yrs.old alliance was going to break down but Udhav did not realise it.The alliance broke and BJP had to contest on all 288 seats with its allies.There were around more than 150-160 seats which was never contested by BJP in the past but BJP in a few days managed to nominate candidates.Electioneering started,Modi again became the  face of BJP who addressed meetings in all corners of Maharashtra but never attacked Bala Saheb or SS.His focussed attack was Congress- NCP combine.However, Udhav likened Modi as Afzal Khan.It was too bad on his part as it was just childish.Samana went to the extent of attacking Modi's father also.
              When results were announced on Oct,19 instant,it was stunning.BJP won 123 which was triple from its last tally and SS got stuck at ,63,half of what BJP bagged.That should have been an eye opener for Udhav,but he kept his eyes shut.He is not in a position to dictate his terms,only option is to submit.He must know that if he has to reconcile tomorrow, he should reconcile today.That is the political wisdom.But Udhav shies away from accepting the writing on the wall.If BJP forms minority government,SS will have to support such government from outside as it can not pull down such government aligning with Congress particularly when NCP have indicated its unconditional support to BJP government.
              Udhav Thakre appears to be completely confused and fast loosing the momentum.With 18 MPs and one Cabinet Minister at the Central Government,negotiations would have ended in a few days and all matters would have been settled.However,Udhav has to remove his old glasses and put on his nose a friendly glasses and come on board fast.
           

Ammending Powers Under The Constitution

                      Amending Powers Under The Constitution

             " A Constitution is framed for ages to come, and is designed to approach immortality as nearly as human institutions can approach it.Its course cannot always be tranquil."
               Chief Justice John Marshall ( The first CJ of US Supreme Court )
        The US Constitution has 7 Articles devided into several sections and 14 Amendments were added later on.In all there had been 26 amendments so far since 1787.
          The Constitution of India was adopted on November 26,1949 and came into force on January 26,1950.The first amendment to Constitution came immediately in 1951.There after more than hundred amendments have come into force in the last 64 yrs.
          The Supreme Court of India was constituted with 7 Judges on January 26,1950.At the inauguration,the first Chief Justice of India  Harilal Kania after taking oath from Dr.Rajendra Prasad, the first President of India, said :- " The Court should interpret the constitution with an enlightened liberality and administer the law with goodwill and sympathy for all.The court should be quite untouchable by the legislature or the executive authority in the performance of its duties."
        Article!e 368 of our Constitution provides ammending powers to the Parliament.In a case Keshwanand Bharti Vs.State of Kerala ( AIR 1973 SC 1461 ) a question arose regarding the ammending powers of the Constitution by the Parliament.Whether the Parliament have unlimited power to ammend the Constitution or it can ammend with some limitations on it.The Supreme Court constituted a 13 Judge Bench presided over by the Chief Justice of India S.M.Sikri.This is the largest bench so far which have decided a case.Next larger benches are 9 Judge bench.
             The case was heard for six months and was argued by emminent counsel such as N.A.Palkhiwala for the petitioner H.H.Keshwanand Bharti.The State of Kerala was represented by a Constitutional authority H.M.Seervai.The Government of India was represented by its Attorney General Niren Dey.
          Out of the 13 Judges_11 separate opinions were expressed by the Judges.Six Judges namely CJ Sikri,Justices Shelat and Grover,Hegde and Mukhrjea and Jagannath Reddy by four separate Judgments held that the ammending power was limited by various inherent and implied limitations in the Constitution including fundamental rights.
          Six other Judges namely Justices A.N.Ray ( Who was later on appointed as Chief Justice of India superceding three senior Judges by Mrs.Indira Gandhi in 1973 ),Palekar,Mathew,Dwivedi,Beg and Chandrachud delivered six separate judgments holding that there were no limitations on the ammending powers of Parliament.
       One Judge Justice H.R.Khanna ( who was later on also superceded  and was not allowed to become CJI by Mrs.Indira Gandhi ) held that the ammending power was plenary in every sence ,but the word " amendment "in Art.368 by its limited connotation did not lend itself to abrogating the Constitution.Any amendment to the Constitution had necessarily to retain " the basic structure and framework of the Constitution after the amendment."
            Justice Khanna said:- " Although it is permissible under the power of amendment to effect changes,howsoever important,and to adapt the system to the requirements of the changing conditions,it is not permissible to touch the foundation or to alter the basic institutional pattern.The words " amendment of the Constitution " with all their wide sweep and amplitude can not have the effect of destroying or abrogating the basic structure or framework of the Constitution"
           In view of 11 separate Judgments, a Courts order was passed by 9 Judges which inter alia read as follows:-
       2. Article 368 does not enable Parliament to alter the basic structure or framework of the Constitution.
            The outcome of this Judgment had clearly upset Mrs.Indira Gandhi who wanted review of the Keshwanand Bharti's case.A.N.Ray became the Chief Justice of India superceeding three senior most Judges. He constituted a Bench of 13 Judges again to reconsider Keshwanand Bharti's case.The Bench sat for two days.N.A.Palkhiwala raised serious objections to the reconsideration of Bhari's case.Eventually,the Bench did not resume sittings on the third day and a message was sent by the Chief Justice through the Registrar that the 13Judge Bench is broken and no further hearing will take place now.As a junior counsel I was also sitting in the Court Hall when the message came.
            Therefore,now the law of the land is that basic structure or framework of the Constitution can not be altered.The fundamental rights,democratic framework of Indian republic,Seculer character etc.of the nation can not be tinkered by any government howsoever powerful it may be.
          
         

Encounter With Pakistan

                                Encounter With Pakistan

            Encounter with Pakistan is an old saga coming since before the partition.Md.Jinnah maintained that Muslims are a different nation supported by many Muslim clerics which lead to Pakistan on the basis of Two Nation theory.Muslims wanted to live separately from Hindu nation called Hindisthan and wanted creation of a Muslim Nation called Pakistan.Many Muslims from various parts of India moved to their own nation Pakistan.It is another thing that those Muslims were never assimilated into Islamic Republic of Pakistan.
          If Muslims moved out of Hindusthan to create an Islamic country,Hindusthan and Hindusthan is alone remained in Hindusthan,still a country of ,82℅ Hindus is not being allowed to be called a land of Hindus.Leaders of India after partition still never declared India to be a Hindu Nation ,it was declared as a Seculer nation.Vande Mataram was denied the status of National Anthem at the objection raised by Muslim leaders.Since partition_Muslims became a favorite lot of Congress Leaders including Mahatma Gandhi who sat down on fast unto death on the payment of 52 crores to Pakistan.Sardar Patel never wanted to pay this amount but seeing the health of Mahatma conceded.Muslims became a vote bank of Congress and helped Congress to remain in powers.I shall not hesitate to add that Muslims are the poorest and most illiterate lot amongst minorities. Congress kept them so purposely.
           In 1956,there was a good occasssion to create an Uniform Civil Code but Pt.Nehru and Dr.Ambedkar endeavoured to codify only Hindu Laws.There was stiff resistance in Parliament including that of President of India Dr.Rajendra Prasad.The Hindu Code Bill was taken out of Board from the agenda of Look Sabha.Dr.Ambedkar had to resign as Law Minister.But no effort was made Pt.Nehru and his colleagues to chastise Muslim Law which overloaded against many vices particularly their women folks.
               In spite of so much being done for muslims ,Pakistan hate India campaign started from the days of Partition.Maharaja Hari Singh acceded Jammu & Kashmir to Hindustan.Pakistan sent their armed forces in the guise of Kabalis to take over Kashmir.They occupied the area which is today known as PoK and around 100 Kms.from Srinagar.Those forces let loose barberism,raped the women,looted their properties.Ultimately, Indian Armed forces intervened and drove away those Pak ( Napak ) forces.That is how rest of Kashmir is in India.Indian Constitution and Kashmir Constitution describe whole of Jammu & Kashmir as integral part of India.But Pakistan continues its hate campaign against India.
          Pakistan had encounters with India in 1947,1965,1971 and 1999 when Kargil took place.In 1956,when Lal Bahadur Shasti was Prime Minister,India crossed the International borders and entered Lahore which India had to vacate under Tashkant Agreement.That was the most befitting moment Indian Forces would have entered PoK and retrieved it.The PoK has become a den of terrorists where from ISI operates its training Camps.India have mapped the areas and know that  there are around 40 terrorists camps.
          Pakistan have been unsuccessfully tried to internationalise the Kashmir issues.Nawaz Sharif again raised the issue in general assembly of UN and sought plebiscite in Kashmir.He knowingly forgets about the Shimla Agreement and Lahore Declaration.He also forgets that since the days of accession to India_Kashmiries have been participating in every elections and forming their popular governments.
           Having failed miserably in UN and facing tough resistance at the home front at the hands of rebels,Pak forces have violated the cease fire more than hundred times and have been shelling heavily on civilian population killing around 9 people including a one year child whose first birthday was being celebrated.The border areas have been vacated by civilians to save their lives.Arun Jaitely,a couple of days met all the Service Chiefs and gave them instructions to retaliate in good measures.Our Indian Armed forces have started retaliating heavily and caused heavy casualties on Pakistan side.
              Now the question is " is it not an opportune moment to dismantle the training camps in PoK "
             We have been missing the opportunities to dismantle the terrorists camps where terrorists are being trained to carry proxy war against Indian civilians.We have capabilities to strike the camps and the world commuty will not object to such acts.After all Israel is striking those areas in west Bank and Gaza Strip.Why can not we do it.

SWACH BHARAT - 2. ( CLEAN INDIA -2 )

               Now let us take the case of Urban India.It is going to be stupendous task to keep rural India clean.We have 6000 villages where homes have no toilets or urinals.People go out to ease themselves in open.Most shamefull is for women folks to ease themselves.The go out before the dawn or after the sunset.Is it easy to create toilets in every home ? Greater problem is of availbility of water.Unless there is free flow of water,such toilets will become hell.
            Most of the Schools do not have toilets or urinals in schools what to talk of separate toilets or urinals for girls.PM Narendra Modi rightly says that girls drop out from the school for lack of proper arrangements of toilets and urinala.Corporate sectors have started taking adopting schools for providing toilets in the schools at the request of PM Modi.It is a good gesture on their part but herculeon task would be to provide free flowing water to those toilets.I only hope they provide water.I also hope Govt.also make available 24×7 hrs. water to every household in rural areas.
           Garbage collection in the urban areas is not going to be a big problem as many companies are coming forward to collect garbage and make profit out of it.But to keep stainless towns,cities and rural areas are going to pose big problem in this mission.
          PM must have taken into considerations all these difficulties and would have also thought of its solutions.I just wish him my best wishes for the success of this mission.Good Luck to PM.

                                           SWACH BHARAT--2
                                            ( CLEAN INDIA--2 )

          It appears Swach Bharat Abhiyan launched by PM Narendra Modi is picking up and gaining momentum all around. Even the President of India has joined the movement and came out with brooms in his native village as well as in Rashtrapati Bhavan.it was a good gesture on his part to support a noble cause to clean India.My society where I live also looks much cleaner. Some of the roads on which I travelled after the launch appeared much cleaner. Suffice to say that the mission has become a mission for the nation.
         A celebrety like Sachin Tendulker also came out with his 9 friends to clean the road in Mumbai. Others might also be doing it. A picture of a Rly. Station was loaded on social media showing a clean approach to the station. It was heartening development.
         But much more than this is required to be done to clean India.india is devided in rural and urban areas.Let us take the case of Urban Delhi.After 82 Asiad and 2010 Commonwealth Games , Delhi's roads have been widened and many Flyovers were added. Crores were spent on decorating the roads with flower pots etc. which disappeared on the close of the Games. Where have they gone?Of course, that is not my immediate concern at the moment.My concern is to analyse whether, these roads have been equipped with Public Convenience system. I travel 8 Km. everyday to reach Supreme Court either via ITO or Nizamuddin bridge. During rush hours it takes around 45". There was no public convenience constructed on the road side. People ease themselves on the road side only. Can we find fault with the people alone or Authorities have also to share the blame. It appears some Public Conveniences have been constructed but they are located at such inconvenient places that cars can not be parked there to ease themselves. For the last one year I find all those toilets/ urinals are lying closed.still we expect people to keep the area clean.In market are there is no toilet/urinal located. Was it not the responsibilities for the Corporations to provide such places.My submissions are that Public Convenience must be opened at every market and on the roads which should be kept neat and clean by the authorities. The may charge some nominal fee but not providing such convenient places is criminal 

SWACH BHARAT ( CLEAN INDIA )

                              SWACH BHARAT ( CLEAN INDIA )

           I hail PM Narendra Modi for launching his visionary mission Swach Bharat Abhiyan ( Clean India Mission  ) as part of his vision  " Make In India ".He wants to convert India a global centre to invite the world to come and invest in India as the image of dirty India is a drag on investors to come to India.It is not a matter of pride for any Prime Minister of a country to start this kind of mission as it presupposes a unclean India.
        A few cabinet Ministers tried to provide an impetus in advance to clean their Secretariat since a few days before which was criticised the ministerial efforts and tried to pooh pooh their mission.Though it was a symbolic mission on their part to exhibit the commitment of their government's agenda.Obviously PM or the cabinet Ministers are not going to broom the floor of their work place but they only gave a signal to the people to keep their surroundings neat and clean.
          The PM while speaking at Rajpath beseached that his Swach Bharat Abhiyan should not be taken as a political statement but his sincere commitment to improvise the image of this nation in the eye of the world.He is one PM who has risen from the ranks and does not come from a blue blood family.When he was admitted in RSS for the first time,he was asked to live in RSS office and he was assigned the duties to keep the office clean and prepare tea and food for his senior Pracharaks.He used to broom the floor of the office ( Young Narendra Modi's photo brooking and cleaning the floor of the office uploaded many tomes on social media ),prepare food of his seniors.So here is a person who has in his blood the commitment to cleanliness.
             The PM has shown his vision and commitment,it is now our turn to fulfill his vision and restore our nation to order.Falacy is,no body wants to live in unclean environment but still it is taboo for everybody not to clean his surroundings.One does not feel shy to tell others about and condemning the unclean environment but he is not prepared to take the broom even symbolically.In fact, it should be a matter of habit of keeping our environment neat and clean.When some important guest is likely visit our place,we run helter skelter to clean our surroundings as he feels embarrassment in showing his dirty surroundings to his guest but once the guest leaves,he is back to square one.Why cleanliness should not be part of our life.
              I do not hesitate to repeat what I had written in my earlier blog " Sine Qua Non " wherein I had described how children are taught citizenery responsibilities from childhood.My daughter lives in Canada.When her daughter was two and half yes.she was put in a play school.My daughter was paying Can$ 250.00 per month.It is a big amount.I met my granddaughter for the first time when we went to Canada last year to celebrate her Third Birthday.We were amazed to see the behaviour of a three year child.This year we again went to Canada to celebrate her Fourth Birthday which falls on May,16.She was completing second year in play school.The way she behaved and fulfilled her citizenry responsibilities was amazing.She would herself follow her good habits,at times she would tell me also:- Grandpa do not do this,Grandpa you should do this.I felt around of her.In two years she was hardly taught to recognise alphabets and numbers but she became perfect citizen at the age of four.
                 Suffice to say,we have to teach good behaviour to our children from their childhood.So far elders are concerned,law enforcement agencies have to ruthlessly enforce the rules without any mercy.Politicians have to keep their hands completely off from interfering with the law enforcement agencies.After all now bikers are using helmets by and large.Car drivers are using seat belts.People are not allowed to violate traffic signals in Delhi.But go to Noida or Faridabad or Gurgaon,these rules are seldom followed.I feel like fool when I drive in Noida as others hardly follow traffic signals.
              To conclude, I only appeal to friends to follow and abide by all the norms which we expect others to follow.When we go abroad,we follow all the rules as there law enforcement agencies scare people but the moment we land India,we forget all the norms.Let us teach our children good norms so that it keeps reminding us also the norms.
                I hope by our honest efforts,we contribute and help PM Modi to realise his vision of Swach Bharat and pull India to the level of a global country.
            The Government are setting apart a huge amount of Rs.200000 Cr.for creating infrastructures of cleanliness in rural and urban areas unlike Sheila Dixit's vision creating public conveniences at inconvenient places in Delhi and that too keeping it locked all the time.