Editor: I. Mallikarjuna Sharma Volume 11: 15-31 March 2015 No. 5-6

Recommendations

Info

14 A Historical View of Law (V.V. Reddy) (2015) 1 LAW Taj Mahal pale away before the steam engine and the electric motor. Therefore, it was no surprise when man set his foot on the moon by the 70s of the 20 th century. All these achievements are due to harnessing of the forces of nature by human labour – both physical and mental – and molding it into a super-technology. Alas, today technology has also become a private property through intellectual property rights. That is, as said already, what the law does is only the official recognition of the fact. LEGITIMIZATION OF LAWS: In order to legitimize the existing laws, periodic elections are held to the law-making bodies. However, in the words of Prof. G.K. Galbraith, “In the USA people have votes, but only the rich vote, as the poor is indifferent because they are worried of their jobs.” 9 This is true, because not many American Presidents were elected with a majority of popular vote. Still, the laws, both old and new, become legitimized. Then, what is the nature of the legislature, a senate or a parliament? Let us listen to the well-known American journalist, McChesney: “Throughout the capitalist era, whether in the United States of America or elsewhere, so to speak, power has been ‘bought’. Not for nothing, the U.S. Senate was described as a rich man’s club when there were no direct elections to it. But when there are direct elections now, the same effect is produced.” 10 9 G.K. Galbraith, Good Society: A Human Agenda, 1998, p. 142. 10 Robert W. McChesney, Power and Politics in the United States of America, 1987, p. 106. Douglas Dowd also quotes McChesney and says as follows: “Throughout the capitalist era, whether in the United States or elsewhere, power has (so to speak) been "bought." Not for nothing, for example, was the U.S. Senate called "the rich man's club" in the years termed "the gilded age," or "the great barbecue" when there was no direct election of senators. But when that changed, means were found to bring about the same result, with respect to the Senate as with other areas of government – in keeping with Woodrow Wilson's remark (made in 1912) that "When the government becomes important, it becomes important to control the government".” {Douglas Dowd, Capitalism & Its Economics: A Critical History, Pluto Press, London, 2000, p. 8} Now, coming back home, India is described as the largest democracy in the world. But the Indian Parliament may also be described as a rich man’s club. In the General Elections of 2014, out of a total membership of 543, 316 of the elected parliamentarians were billionaires. 11 They too were elected with a minority vote. Why this happened? Compared to the first general elections (1951-52), election expenses had increased by more than hundred times. Now a candidate to the Parliament [ordinarily] has to spend no less than Rs. 20 crores. Therefore, only the very rich can contest in the elections. Indian Constitution: The way our Constitution was drafted and approved was itself questionable. Ten months before independence (November 1946), when Britain decided to leave, a Constitution Assembly was elected by the provincial assemblies, which were themselves elected by a limited franchise on 10 March 1946. The total members of this Constituent Assembly were 389, out of which 286 were elected by the Provincial Assemblies and 93 were nominated by Princely States. After two years of deliberations a Constitution was adopted on 26 November 1949 and came into force on 26 January 1950. The Preamble of the Constitution declares: “India is a sovereign, [Socialist, Secular] 12 Democratic Republic,” and adds “We the People of India give to ourselves this Constitution.” How 286 indirectly elected and 93 nominated members could call themselves as representatives of the people of India? This is a mockery of democracy. Further, the appellation ‘Socialist’ is false because Article 31 recognizes private property and its acquisition as a fundamental right. How socialism can be achieved by private property? Perhaps, in order to pacify the people, the Constitution has included the Directive Principles of State Policy, some of which are: 11 India Election Watch: Report on 2014 General Elections; the number of billionaires is based on the affidavits filed by the candidates along with their nomination papers. 12 Added later by the 42 nd Constitution Amendment 1976. Law Animated World, 15-31 March 2015 14
(2015) 1 LAW A Historical View of Law (V.V. Reddy) 15 1. To secure adequate means of living to all citizens (Article 32); 2. To prevent concentration of wealth in the hands of some in order to secure an egalitarian distribution of income (Article 22); 3. To secure equal pay to equal work (Article 36); 4. No child under the age of fourteen be employed in factories, mines or any other jobs (Article 39); 5. To introduce free and compulsory primary education for all children (Article 45). But unlike fundamental rights, the directive principles are not justiciable [though they are said to be fundamental in the governance of the state]. They are only well-meaning promises. However, to date, none of the Directive Principles has seen the light of the day. For the Article 31 itself makes it impossible to implement the Directive Principles; 13 it makes Article 22 infructuous. As a 13 Article 31 in the Original Constitution as adopted and come to be enforced in 1949-50 ran as follows: Right to Property: Compulsory acquisition of Property – 31. (1) No person shall be deprived of his property save by authority of law. (2) No property, movable or immovable, including any interest in, or in any company owning, any commercial or industrial undertaking, shall be taken possession of or acquired for public purposes under any law authorising the taking of such possession or such acquisition, unless the law provides for compensation for the property taken possession of or acquired and either fixes the amount of compensation, or specifies the principles on which, and the manner in which, the compensation is to be determined and given. (3) No such law as is referred to in clause (2) made by the Legislature of a State shall have effect unless such law, having been reserved for the consideration of the President, has received his assent. (4) If any Bill pending at the commencement of this Constitution in the Legislature of a State has, after it has been passed by such Legislature, been reserved for the consideration of the President and has received his assent, then, notwithstanding anything in this Constitution, the law so assented to shall not be called in question in any court on the ground that it contravenes the provisions of clause (2). (5) Nothing in clause (2) shall affect – (a) the provisions of any existing law other than a law to which the provisions of clause (6) apply, or result, during the last 60 years concentration of wealth has increased manifold. The ten big industrial houses, led by Ambanis, own nearly one-fifth of the GDP, and India ranks third in the world, after the USA and China, in the number of billionaires. At the other pole, about 40% of Indians live below the poverty line, which number is not small, amounting to some 460 million or equal to the population of Europe. A Monopolies and Restrictive Trade Practices Act was made in the late 60’s but many a time thereafter the upper limit of the value of corporate (b) the provisions of any law which the State may hereafter make (i) for the purpose of imposing or levying any tax or penalty, or (ii) for the promotion of public health or the prevention of danger to life or property, or (iii) in pursuance of any agreement entered into between the Government of the Dominion of India or the Government of India and the Government of any other country, or otherwise, with respect to property declared by law to be evacuee property. (6) Any law of the State enacted not more than eighteen months before the commencement of this Constitution may within three months from such commencement be submitted to the President for his certification; and thereupon, if the President by public notification so certifies, it shall not be called in question in any court on the ground that it contravenes the provision of clause (2) of this article or has contravened the provisions of subsection (2) of section 299 of the Government of India Act, 1935.” However, this Article 31, which made and declared the right to property a fundamental right, was later repealed by the Constitution (Forty-fourth Amendment) Act, 1978 w.e.f. 20-06-1979 thus taking out the right to property from the list of fundamental rights enshrined in Chapter III of the Constitution. However, the right to property was retained as a constitutional right by insertion, by the same Amendment Act, of Article 300A, which runs as follows: “Chapter IV: Right to Property: 300A. Persons not to be deprived of property save by authority of law. – No person shall be deprived of his property save by authority of law.” True, this author’s comments are mainly based on the old Article 31 which was a part of the fundamental rights chapter, but even with the repeal of that article and relegation of right to property to the status of a mere constitutional right, the protection, promotion and rabid capitalization and even concentration of private property is progressing in a nonchalant manner in our country belying the socialist goal proclaimed in the [amended] preamble. 15 Law Animated World, 15-31 March 2015
Page 1 and 2: (2015) 1 LAW Martyrs Memorial Speci
Page 3 and 4: (2015) 1 LAW Martyrs Memorial Speci
Page 5 and 6: PARUCHURI HANUMANTHA RAO Paruchuri
Page 7 and 8: (2015) 1 LAW Paruchuri Hanumantha R
Page 9 and 10: (2015) 1 LAW Paruchuri Hanumantha R
Page 11 and 12: A law may be formal or informal. An
Page 13: (2015) 1 LAW A Historical View of L
Page 17 and 18: THE ZIETGEIST MOVEMENT : A NEW TRAI
Page 19 and 20: (2015) 1 LAW The Zeitgeist Movement
Page 25 and 26: AUTOBIOGRAPHY OF MARTYR RAMPRASAD
Page 27 and 28: (2015) 1 LAW Autobiography of Marty
Page 29 and 30: CHARLIE HEBDO: THINKING NEW, RETHIN
Page 31 and 32: (2015) 1 LAW Charlie Hebdo : Thinki
Page 41 and 42: POLICING BELIEF: IMPACT OF BLASPHEM
Page 43 and 44: (2015) 1 LAW Policing Belief: Impac
Page 45 and 46: HISTORICAL INEVITABILITY OR ELECTOR
Page 47 and 48: (2015) 1 LAW Shreya Singhal v. Unio
Page 65 and 66:
(2015) 1 LAW Shreya Singhal v. Unio
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
(2015) 1 LAW Quake Outcasts v. Mini
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
DISENGAGE WITH PAKISTAN COMPLETELY
Page 145 and 146:
LEGENDARY HOCKEY PLAYER DHYAN CHAND
Page 147 and 148:
(2015) 1 LAW 147 Our reverent and g
show all

Editor: I. Mallikarjuna Sharma Volume 11: 15-31 March 2015 No. 5-6

Create successful ePaper yourself

Delete template?

Save as template?