India for the last 61 years, after the constitution was made in 1950 has faced various challenges, starting with the Land reform laws, then came the era of absolute pause on the power of the government in Golak Nath case, then the fundamental right case to strike balance between the State and Citizen, lastly the Election case ( Indra Nehru Gandhi v. Raj Naraian), but was this the end or the court by these judgments have recognised the extend of fundamental right. The recent emerging issue of hunger strike started by Hazara, now seems on a way to be misused.
Recently, the great baba Ramdev, has kept a list of proposals which he seeks to be accepted by the Government while making laws dealing with corruption otherwise he will go on a hunger strike. Now I find an ocean difference between Hazara and Ramdev action. Hazara by his action of hunger strike reminded the government that we are acting as a watch dog upon the government, but Baba Ram dev is acting like a clown in a circus doing acts which seems to be appealing but totally impractical in daily life.
It is humbly submitted that the author feels ashamed that the government which is elected by ‘We the people’ is now pressurized by a baba who is more of a business man than a saint. He charges Rs 50,000 from the front row and Rs 30,000 from the back, such a man is now going on hunger strike to compel the government for fulfillment of his proposals.
The new era of public participation in law making should be used as a shield and not as a weapon. Hazara recognized this but I believe that baba Ramdev is still immature to understand this useful power of the public. To talk on a legal notion the author submits the landmark judgment of the Supreme Court in Kesavananda Bharti case, where the court rejected the argument of Nani Palkiwala that to do a basic amendment in the Indian constitution the people participation is to be made, the court said that this approach is beyond the constitution and hence cannot be recognised as a mechanism.
Concluding my views, it is submitted that participation by the people in law making is good and should be appreciated but shouldn’t be used so frequently and unnecessarily that such a powerful tool becomes a joke in the Indian History.
Yours Sincerely
Mr Unkown
I respect the views given by the author but i think he has not identified the crisis from all sides. he has pointed the actions of the said baba to be flawed constitutionally but forets the reson for which it is done. this country has freedon of speech and expression and this hunger strike is nothing but a form of expression. the government is not scared of the baba but bcoz of the amount of support he is getting from people. the author must always keep in mind the recent issues around the globe where people have come on roads against the mighty governments and the same thing happened years back in russia... it is a kind of failure of having a weak opposition in the parliament due to the small party politics that the public has to interfere in issues like this....
ReplyDeleteI would like to differ you on one point:
ReplyDeleteThe Kesavanand bharti case that you have coated, reject the argument on amendment not on law making...people participation in law making is not as people are going to make the law, the law is still made by the parliament