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Showing posts with the label Constitution & Government

PUBLIC SCRUTINY

A lot of the current debate in India revolves around the public scrutiny of constitutional functionaries relating to or involving people in general rather than being limited to a particular group of people for the careful and detailed examination of something in order to get information. Between the constitutional functionaries as to reason, fact, system, procedure, and information, certain decisions, finality, and conclusions were reached as constitutional entities and justifications thereof. It may be information on aspects of systems, procedures, establishment, operation, interpretation, law, legality, and justification as such. It revolves around the entire mechanisms and finality of their decision , with underlining systems and procedures involving the Constitution, law , and facts . There is even one-upmanship regarding the finality of the chain of interpretation and validity among the constitutionally created beings (the legislature, the executive, and the judiciary), ...

BHARATVARSHA: SCRIPTURES AND SAGES AS PIONEERS

Article 1 of the Constitution of India declares that  "India, that is Bhārat , shall be a Union of States."     It is rightly so, India is Bhārat . Bhārat as a conception traces its origins in the ancient philosophy of India and is rooted in the Vedas, scriptures, Upanishads, Purānas, epics, ideas, thoughts, and teachings of sages and saints. The Sanātana Dharma woven the spiritual thread across the Bhāratvarsha and over the time evolving stronger binding bondage irrespective of varied caste, creed , sect , region , customs , languages , food habits, costumes and professions . The Sanātana Dharma  (eternal righteousness and order) for common good and welfare without any discrimination based on faith or any other factor. karmaṇaiva hi sansiddhim āsthitā janakādayaḥ loka-saṅgraham evāpi sampaśhyan kartum arhasi yad yad ācharati śhreṣhṭhas tat tad evetaro janaḥ sa yat pramāṇaṁ kurute lokas tad anuvartate By performing their prescribed ...

GOVERNANCE MAXIMAL, GOVERNMENT MINIMAL

The purpose of government is to govern. That way, any government's primary function is to govern by ensuring security and development. Its institutional apparatus is to give legitimacy and effectiveness to governance through a well-laid-out mechanism of systems, procedures, and processes. The tripod of systems, procedures, and processes needs to be managed, controlled, and monitored for governance effectiveness. The tripod is more or less common to various types of governance, whether democratic or non-democratic. 1. Outline In a broad sense, governance is about the culture and institutional environment where an enabling access mechanism is in place for participation by the citizenry and stakeholders in matters of public importance. Simply put, it is beyond the institutional system and tools of the state to go in alone for good governance bereft of non-governmental actors or institutions. The non-government actors include civil society organizations, not-for-profit organi...

NATION AND NATIONALITY, STATE AND CITIZENSHIP

The nation and nationality evolve through organic interactive relationships based on ethnocultural factors and processes with shared history within a certain territorial limit. That interactive relationship manifests into a way of life based on patterns of living, resource generation, value addition, sharing, custom, ritual, habit, communication, interaction, symbolism, observation, celebration, and performance. However, the territorial limit imposed a limit on both the area and the resources. Which has a limiting impact on the growing and expanding ways of life based on population growth and the need structures. The limiting impact triggered competition for control of shared natural resources such as land, water, mineral, and forest resources, as well as other limited resource patterns. 1. Nation to State The competition may be interspecific or intraspecific for the display and application of overt or covert power, be it mental, physical, technological, or any other, for the con...

CONSTITUTION: JUDICIAL REVIEW

Two words , " judicial " and " reviews ," become the overarching fulcrum to test the validity , viability , compatibility, or consistency of laws , rules , regulations , orders , decrees , and so on in relation to the constitution of the land in a certain "context." The creatures of the constitution —the legislature, executive, and judiciary—need to perform their duties within the constitutional confines. If the legislature is to legislate and the executive is to execute, then the judiciary is to interpret what is just or unjust to maintain the constitutional balance. In constitutional parlance, all organs need to maintain and perform within their respective spheres. 1. Meaning It entails the "Judiciary" conducting an examination or reexamination, study or restudy, evaluation or reevaluation , retrospection or survey to determine the validity , compatibility, alignment , or consistency of laws , rules , regulations , orders ...

THE CONSTITUTION OF INDIA: FR vs DPSP

The founders of the Constitution of India introduced two beautiful parts: Part-III dealing with the Fundamental Rights (FR)of the people and Part-IV dealing with Directive Principles of State Policy (DPSP) , in the endeavour to move with clear ideals for social and economic democracy. If the former is for assertion and sphere protection, the latter is for forward march to bring about the right order based on socio-economic equality. If one is for individual advancement, the other is for collective advancement. In this scenario, there is every likelihood of spheres encroaching on one another, and the crucial part is balancing roles through check and balance. But for the two entities in their natural scenario, given their freedom, there is every likelihood of friction, conflict, interference, and encroachment. The Constitution makers, in anticipation of such a scenario, devised a well-crafted mechanism by balancing the role of the judiciary under the overall supervision of the Supreme...