Wednesday, October 3, 2007

Crossing the Lines…..

It is often difficult to define and honor one’s limits and limitations. We often overstep the permitted lines either deliberately or unintentionally. And, many a time, we will have to give an explanation, irrespective of the reason why we did it.

Two diverse incidents that happened last week, made me write such a boring opening sentence. Anyway, I am too lazy to reframe that.

1.Kick out Kalainjar.. says SC

The recent verbal observations from a Supreme Court bench, about the DMK government of Tamil Nadu, have initiated very serious debates in the legal circles, and the media, especially the news channels are making some money from that.

In a formal analysis, those comments can be neglected even without a thought as the verbal observations that judges make during the hearing of a case don’t have any legal value to it. What matters is what they write in the verdict. But these particular comments need real introspection, because they highlight a changing trend in the constitutional machinery of the country.

As per the constitution, the President can exert Article 356 to expel l a state government if he/she is convinced that the government machinery of the is not working, or is following an unconstitutional way of working. A report from the Governor is required to prove this. But the commonly followed practice or tradition is that the Central Government, after reports from the Governor as well as the Media, recommends the President to impose Article 356 in s state. We also have precedents of the President rejecting this recommendation, if he feels it is not fair or constitutional. Also, use of article 356 should be discussed by either the LokSabha or the RajyaSabha. So, it can be concluded that the legislature is the one single body that is responsible for the use of Article 356. So the comments from the Supreme Court that it will initiate the procedure does not sound logical. But the point of concern is the tone that the court used in the whole discussion. It also asked the AIADMK advocate to file a C-O-C against the Govt. Now that sounds a bit proactive isn’t it, especially when the Govt hadn’t delivered any explanation for the accusations that the other side had made?

After Independence, the governance of India was highly centralized and it was the Bureaucracy or the Executive that decided the overall development plans for the masses. Improper planning and favoring , derailed the overall development of the country and even after years of governance, we stood where we were at Independence. Then came the days of the politicians. The party/leaders in power called the shots and they started controlling the ‘Sarkaari- Babus’ to their limits, and may be even more than that. But once they too started misbehaving, the Judiciary was the last hope of the common man. People started coming to the courts with their grievances and many of them got their solutions. Public Interest Litigations often echoed the public needs and got them done. But I think that we are at a point where we are forced to find a control mechanism for the judiciary too. A few of the recent judgments, that it made in favor of itself has raised many questions in the political and social circles. Constitution wants the Executive, Legislature and the Judiciary to work in harmony for common good.

NB: Please don’t charge me with Contempt-Of-Court, I am just trying to impress others! And have a note of apology ready with me!

2.Sreesanth…. The excellent eccentric..

I don’t think we need a very vast explanation on what I mean by this. Sreesanth has groomed himself to be a good bowler for the Indian cricket team, hmm.. yet to say a very good bowler. And the intensity and ferocity he has shown on field have often inspired him team mates for better performances. But then, the line between motivation and misbehaving is very thin at times. And may be it is high time he thinks about being more mature on field , than childish.

Sreesanth , even though was very successful on occasions, was never a crowd’s favourite. I honestly think that they enjoy the fire that Yuvraj spits all around just with his looks and stares, than the weird antics that Sreekuttan performs on field.. Anyway, let give him more time. I m sure more days on the field, and may be a strict disciplinary action from ICC will make him cooler. He He.. All the bezt Sreekuttaaa………


Prof M N Vijayan crosses his final life of his life, and departs today . Just like he enlightened many stages all through his life with his words, he chose a public stage for his final farewell too. A warm good bye to the pious soul who could make a mark in Art, Literature, Philosophy, Psychology and above all Politics...

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