Trust Vote

                                   Trust Vote

            Devendra Fadnavish Govt. sought and obtained Trust Vote in Maharashtra Assembly as it was required to seek under the invitation to form the Government in Mumbai by the Governer.But it was obtained by Voice Vote and not by Division of votes.
          The day started with the withdrawal of Speakers candidates by Shiv Sena and Congress.These two arch rivals fell in line to the appeal issued by the Chief Minister to allow unanimous election of Speaker.Consequently, BJP candidate was unanimously elected as as Speaker of Maharashtra Assembly.He took of the proceedings immediately thereafter.
           The CM Fadnavish moved one line motion seeking confidence of the House.The motion was put to vote by the Speaker as usual by voice vote.BJP's MLAs said yes,some independents also said yes,two arch rivals Congress and Shiv Sena said no to the motion.NCP MLAs abstained from voting by neither saying yes or no.That is how NCP probably had planned.Speaker announced Voice Vote in favour of Confidence Motion.( My impression is based on reports by electronic media )
            That was the most crucial moment when any member could have demanded Division of votes which was probably not done.Congress and SS MLAs were so much confused that they came to the well and started protesting.What should have been quietly done was missed out by them.After voice vote,when a member seeks Division, Speaker seeks clearance of lobby and felicitate Division of votes.It takes some time to arrange Division of Votes.My reading of the situation appears to be that SS and Congress knew Fadnavish government was supported by NCP by abstentions and thus there was no use seeking Division.They found it more useful to create a scene and brand the government as illegitimate.
           SS MLAs abused BJP for playing fraud inside the assembly.Former CM Prithviraj Chavan called it a black day in the history of Maharashtra Assembly.SSs logic was that those 40  MLAs who wanted Nitin Gadkari to be Maharashtra did not vote for Trust motion.This was a ridiculous logic.SS appears to have missed the bus for ever.
           In the entire scenario of Maharashtra since the days failing to seal seat adjustments for election,Udhav Thakre's immaturity started becoming visible.He was no patch to the political brains which BJP have.At every corner,SS was cornered by BJP and it won 123 seats which was not even offered to BJP by Udhav.SS came poor second in Assembly with 63 seats,of course little better than Congress and NCP but just less than half of BJP.The position of SS became so weak that BJP hardly gave importance to power sharing formula.Udhav became so ambitious that it asked for Speakership,Dy.CM and 12 cabinet bearths which were dismissed by BJP with all contempt at its command.Modi offered two bearths in Central Cabinet with Suresh Prabhu as a must.Anil Desai was also to be included who was sent to Delhi for oath taking but was recalled from the Airport itself.Thus SS lost all the chances it was offered by BJP.Now,SS MLAs who were aspiring to be Ministers would have to wait restlessly for another five years.
              In Maharashtra politics,the intelligence of Sharad Pawar is unparellel.Very shrewdly,he announced unconditional support to BJP in the name of stability of government but Udhav Thakre failed to read and allowed Pawar to create a rift between BJP and SS.It is Sharad Pawar who proved to be insulator between BJP and SS.Hopefully,Devendra Phadnavish government will continue till such time NCP ressurects itself.By then BJP will also strengthen itself by doing some people friendly acts to create goodwill amongst the people.To my mind,in this race SS will have work in cohesion with Congress and destroy itself in next few years.May be SS suffers fracture too by those members who were nourishing aspirations to be in government.
           I am keeping my fingers crossed on the developments in Mumbai and wish the people of Maharashtra gain by these uncertain situations.
           

Congress Culture

                                     Congress Culture

          Most of us know that Pt.Nehru was conferred Bharat Ratna in 1955 while he was the Prime Minister.Mrs.Indira Gandhi was conferred Bharat Ratna in 1971 while she was in the office of Prime Minister.Dr.Rajendra Prasad received this honour in 1962 when he laid the office of President of India.Sardar Patel about whom Congmen started tom tomming after Narendra Modi stole away his legacy was altogether ignored by Pt.Nehru,Indira Gandhi and other Prime Ministers till 1991 when he was clubbed with Rajiv Gandhi when he was honoured with Bharat Ratna posthomousely.
           What is the morale of the above statements? They did not feel ashamed in honouring themselves while they were in office but ignored others who most merited it.
           Congress Culture can be classified broadly in categories. Firstly,merit has no say in Congress hierarchy. It has become family party after Gandhi sidelined Sardar Patel to be President of Congress Party in 1946 who was supposed to take the reins of the country on achieving freedom in 1947.Out of 15 CWC members ,12 members had voted for Sardar Patel.Surprisingly,not even one member had whispered the name of Pt.Nehru but Gandhi commanded Sardar to withdraw from the contest to pave way for Nehru to become the Prime Minister.Sardar Patel was working tirelessly to unite the 550 princely states to join Union of India.Sardar Patel had had his dreams to usher India.But Maulana Abu Kalam Azad who was laying office of President of Congress in 1946 whispered into the ears of Gandhi that Nehru would be a favourite candidate of Muslims.Gandhi heeded his advice and nominated Nehru.Sardar Saheb was deeply anguished by such decision but abided by Gandhi's dictate.
             Secondly,psycophancy is the hall mark of congress culture.If you want to remain in Congress and progress well in Party,you have to keep showering all praises on the family members including a Thug like Robert Vadra.I have a few friends in Congress who are brilliant on their own right but would not have progressed well had they not indulged in psycophancy. Each and every congressman have to assure and reassure the family members of their bootlicking.A word of resentment against any member of the family would only pave your way out of Congress.Whether gets 206 or 44 seats,it is always because of merits of Gandhi family.Why Congress suffered humiliating defeat either in 2014 National Election or Maharashtra or Haryana elections,no congressman ever pointed out the real cause of their defeat.It does not require the brilliance of Rocket Science to point out that Corruption and Maladministration had been the root cause of these defeats.Particularly,in Rajasthan and Haryana, Vadra's corruption caught the imagination of people.But Congmen did not show any discomfort with the family members.On the contrary Digvijaya Singh wants further promotion for Brainless Rahul Gandhi as President of Congress.Such is the height of psycophancy of Congmen.
              Thirdly,criminalisation of politics was a huge gift parted by Indira Gandhi to the nation.Criminals used to assist the Congmen to win the elections since 1952.I can vouchsafe that in U.P.and Bihar elections,booth capturing was the trick played by Congmen to win the elections.Goons of the area would be hefty sum to ensure booth capturing.These goons would reach the booths and force the Presiding Officers to part with ballet papers and stamp the papers and would stuff the boxes with such papers.That is how elections used to be conducted till 1967 when there was some public awakening and Congress suddenly lost elections in eight states where SVD governments were formed.Criminals also realised that just to assist the politicians in election was not enough.They wanted share in power.Indira Gandhi succumbed to their pressure and started distributing tickets to those criminals.To match those criminals,Oppositions also started distributing tickets to criminals.Today,no party lags behind but Congress always remains the leader.
            Fourthly,Pseudo secularism had been always the plank of their support apart from Brahmins and SC|ST.Congress never believed in deciding the society on the basis of religions.I have already mentioned how and why Sardar Patel was sidelined by Gandhi.Mahatma Gandhi sat on fast unto death in 1948 or so forcing India to pay off 53 Cr.to Pakistan which was not liked by Patel because of aggression of Pakistan in Kashmir in 1947, but he had to succumb to unreasonable demands of Gandhi and pay off the amount.Then in 1956,a big facade appeared when Nehru wanted to Codify laws for Hindus called Hindu Code Bill.Even the President of India resented such codifications.Nehru and Ambedkar's arguments were that Hindus indulge in polygamy, therefore,codification was necessary.There was huge uproar in Parliament in as much as Ambedkar had to resign from Law Ministers' position and the Bill had to be withdrawn.In next sessions,Nehru staked himself and got the bills passed.Uniform Civil Code had been always part of our Constitution as Directive Principles of State Policies but Nehru nevered ventured to embark upon that.So far there are two or three directions by Our Supreme Court but no government worth the name ever moved in that direction.Appeasements of minority had always occupied prominent place in congress mind.Shah Bano case is another case of appeasement policy of Rajiv Gandhi's government.He was so much confused Ho hulla was raised by Hindu Organisations that Rajiv Gandhi ordered opening of locks of Babri Masjid.From then,Hindus had been showing their frustration on such appeasement policy which has resulted in the verdict of 2014 National Election.
             There could be some more core of congress culture but to my mind,the aforesaid are broadly the traits of Congress Culture.Hopefully,Narendra Modi's government functions differently from Congress and takes India to the path of progress and prosperity.

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.