01-12-2007, 06:29 AM
http://www.bloggernews.net/13766
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->So what did the Supreme Court rule on thursday. It said that laws placed under Ninth Schedule after April 24, 1973 shall be open to challenge in court if they violated fundamental rights guaranteed under Article 14, 19, 20 and 21 of the Constitution. So what is the significance of 1973. Foremost is the landmark verdict in the Keshavanand Bharathi case when the supreme court for the first defined the concept of the basic structure of the constitution. Also if you look at the acts prior to 1973 in the 9th schedule they were primarily agrarian reforms. Most of the executive abuse started with Indira Gandhiâs actions prior to emergency and subsequent vote bank politics that saw absurd laws making their way to the 9th schedule violating freedom and imposing restrictions.
The Ninth schedule saga also highlights an important aspect of the Right of Center Political and Intellectual Movement in India. That for 34 years there was not a murmur of protest or legal challenge tells us that there is no Right of Center Movement in India. Yes there are some who claim to be for reforms and markets but these are individuals who see capitalism as an end in itself while missing the underlying fundamental principle of Individual Freedom. It is this same mindset that endorses the Stateâs pursuit of industrialization through SEZs on the basis of phony faith in capitalism while looking the other way as the State violates fundamental rights and individual freedom to acquire private property on behalf of private enterprises. This underlying intellectual contradiction sums up why there is no constituency for economic reforms in the country - because there is no fundamental belief in the primacy of individual freedom.
Offstumped Bottomline: By willingly ceding our freedoms to the State, we the people have allowed for the Ninth Schedule to thrive for decades. The 9th schedule has allowed for a perverse political culture curryed political favor to specific social groups and special interests. It has instilled a deep sense of entitlement in the politician to be able legislate just about anything to suit political interests, the constitution be damned.
The Supreme Courtâs verdict is a welcome Judicial Antidote to the dubious politics of Social Justice. <!--QuoteEnd--><!--QuoteEEnd-->
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->So what did the Supreme Court rule on thursday. It said that laws placed under Ninth Schedule after April 24, 1973 shall be open to challenge in court if they violated fundamental rights guaranteed under Article 14, 19, 20 and 21 of the Constitution. So what is the significance of 1973. Foremost is the landmark verdict in the Keshavanand Bharathi case when the supreme court for the first defined the concept of the basic structure of the constitution. Also if you look at the acts prior to 1973 in the 9th schedule they were primarily agrarian reforms. Most of the executive abuse started with Indira Gandhiâs actions prior to emergency and subsequent vote bank politics that saw absurd laws making their way to the 9th schedule violating freedom and imposing restrictions.
The Ninth schedule saga also highlights an important aspect of the Right of Center Political and Intellectual Movement in India. That for 34 years there was not a murmur of protest or legal challenge tells us that there is no Right of Center Movement in India. Yes there are some who claim to be for reforms and markets but these are individuals who see capitalism as an end in itself while missing the underlying fundamental principle of Individual Freedom. It is this same mindset that endorses the Stateâs pursuit of industrialization through SEZs on the basis of phony faith in capitalism while looking the other way as the State violates fundamental rights and individual freedom to acquire private property on behalf of private enterprises. This underlying intellectual contradiction sums up why there is no constituency for economic reforms in the country - because there is no fundamental belief in the primacy of individual freedom.
Offstumped Bottomline: By willingly ceding our freedoms to the State, we the people have allowed for the Ninth Schedule to thrive for decades. The 9th schedule has allowed for a perverse political culture curryed political favor to specific social groups and special interests. It has instilled a deep sense of entitlement in the politician to be able legislate just about anything to suit political interests, the constitution be damned.
The Supreme Courtâs verdict is a welcome Judicial Antidote to the dubious politics of Social Justice. <!--QuoteEnd--><!--QuoteEEnd-->