Derek O’Brien’s Old Speech Goes Viral Amidst His Suspension From Rajya Sabha https://www.youtube.com/watch?v=Sebv_iD_UqA  |
Trinamool Congress Member of Parliament Derek O'Brien has been suspended from the Rajya Sabha for the remainder of the current session due to "disorderly conduct," as Parliament reconvened amidst heightened tension following a significant security breach in the Lok Sabha the previous afternoon. O'Brien had called for a debate on the incident, during which two individuals leaped from the visitors' gallery into the Lok Sabha and released yellow smoke canisters. The Rajya Sabha Chair, Jagdeep Dhankhar, expressed strong disapproval, identified the politician from Bengal, and ordered his immediate exit from the House.

Why new criminal bills are worse than colonial ones https://pucl.org/manage-writings/why-new-criminal-bills-are-worse-than-colonial-ones/   Mihir Desai, Vijay Hiremath Oct 01, 2023

Three new major offences have been added to the IPC. These are terrorism, organised crime and petty organised crime, and mob lynching. The sections dealing with terrorist acts and organised crime are so widely defined that any dissenter can be brought within its sweep, and the definition of terrorist act is even wider than under the Unlawful Activities (Prevention) Act (UAPA) as it includes even disturbance to public. ..A terrorist organisation is not confined to those listed in the schedule to the UAPA and thus an ordinary trade union or civil society organisation can be branded as such.

Mob lynching has been defined as an offence if five or more people commit a murder, but the punishment ranges from seven years to life imprisonment and death sentence. However, the punishment for ordinary murder is either life imprisonment or death sentence. Thus mob lynching is treated as a softer offence..

The courts are given discretion to conduct all proceedings, including the trial, in electronic mode. This will imply that an undertrial accused will not be brought to court while the lawyer may be in court or conducting the trial from a completely different place.

This can cause three problems. First, the accused may not be able to give adequate and prompt instructions to the lawyer. Second, client confidentiality gets compromised. Third, most of the time, the accused who are undertrials look forward to being brought to the court because that is one way in which they can easily spend some time with their lawyers, relatives and friends. While video conferencing may be the future, especially in the case of undertrials it should be resorted to only if the accused agrees.

The existing laws do require substantial rehauling keeping in mind the rights of the accused as well as the rights of victims. More particularly command responsibility for offences by public servants and corporate homicide for acts of corporations which lead to deaths needed to be added.

74.1% of Indians unable to afford a healthy diet: FAO Report https://www.thehindu.com/sci-tech/health/741-of-indians-unable-to-afford-a-healthy-diet-fao-report/article67631605.ece December 12, 2023.  31.7% of children of the country under five years of age suffered with stunted growth. “Stunted growth and development are the result of poor maternal health and nutrition, inadequate infant and young child feeding practices, and repeated infections interacting with a variety of other factors over a sustained period,” the report said.

The Centre had rubbished those data by claiming that the methodology was wrong.

UN की इस रिपोर्ट ने बता दी देश के विकास की हकीकत ! | UN Repoert On Food https://www.youtube.com/watch?v=f10OS-u9qkM

https://www.youtube.com/watch?v=L8vQU2MMWmU

सीनियर जज ने रात में बुलाया, CJI को लिखी चिट्ठी से हड़कंप । Article19 India  Dec 15, 2023
महिला जज ने लिखा मेरी ज़िंदगी, मेरा आत्मसम्मान और मेरी आत्मा खत्म हो चुकी है। “कामकाजी महिलाएं शारीरिक शोषण के साथ पर जीना सीख लें। मैं लोगों को कैसे न्याय दे पाऊँगी जबकि मैं ख़ुद निराश हो चुकी हूँ

Congress MP Dhiraj Sahoo के घर cash मिलने का Sanjay Jha ने बताया पूरा सच! Dhiraj Sahoo cash video https://www.youtube.com/watch?v=z9dtmB3zNWM 

237K views 5 days ago #dhirajsahu #publicmeter #rahulgandhi
BJP leaders are trolling Rahul Gandhi because more than Rs 250 crore in cash was recovered from the house of Congress MP Dheeraj Sahu. Praveen Gautam's analysis on how political analyst Sanjay Jha showed the bigger picture of politics when so much black money was found in the house of a Congress MP.

Mahua Moitra speech on Adani: He is the remote control behind the PM  https://www.youtube.com/watch?v=P_UICBipWx4
Feb 8, 2023 Trinamool Congress MP Mahua Moitra made a piercing speech at the Lok Sabha on 7th February, saying that we have all been fooled and ‘topi pehenaaoed’ by a certain industrialist whose name starts with A and ends with I, but is not Advani. Responding to the President’s address naming corruption and institutional favouritism as the biggest banes of the country, Mahua called the union government out saying that the pride of India does not lie in the wealth of one individual, but in the robustness of its institutional structures.

https://thewire.in/law/the-last-pillar-of-indian-democracy-has-fallen 

the Supreme Court has opened the way for his or any future government to amend the Constitution without having to bother with getting a two-thirds majority in both houses of Parliament.

To justify its decision, the bench has put forward two other supporting arguments. The first is that Article 370 was placed in part 21 of the Constitution titled “Temporary, Transitional and Special Provisions”. Thus it was never meant to be permanent. So all that the Modi government has done is to close the chapter on Kashmir.

The second is that over the decades since the accession, Kashmir’s laws have in any case been brought in line progressively with those of the rest of India. So as the government has argued, the autonomy shielded by Article 370 had been been ‘gradually eroded’.

What the Supreme Court has chosen to ignore is that all this was done with the consent of the Kashmir governments of the time. Sheikh Abdullah had signed the Delhi agreement only after convening a constituent Assembly with 75 members, to approve of it. In the decades that followed, more and more all-India laws and provisions were extended to Kashmir as well with the full consent, often at the request of, the Kashmir government. As Sheikh Abdullah’s talks with Indira Gandhi’s special representative, G. Parthasarathy, before returning to power showed, there was next to nothing left that he wanted to change.

This process was a world away from the sleight of hand that the Modi government used in 2019, to ‘complete’ the integration. The contrast between ‘erosion by consent’ and ‘erosion through brute force’ was vividly demonstrated by the weeks-long curfews, the complete shut down of internet services, and the paralysis of transport even afterwards that forced people catching flights out of Kashmir to walk kilometres to get to the airport. For the Supreme Court to have glossed over this stark and humiliating difference is inexcusable.

Judiciary Slams EC I "Abdication of Constitutional Duties " https://www.youtube.com/watch?v=hKaYxcJyCrc  Mojo Story At a time when the powers of the election commission, its independence and how to appoint its members is the subject of fierce debate, the Election Commission finds itself in the middle of a big legal controversy. The Bombay High Court has directed the Election Commission of India to immediately conduct bypoll to the Pune Lok Sabha seat which has been vacant since March 29, 2023, after the death of Member of Parliament Girish Bapat.

A division bench of Justices GS Patel and Kamal Khata quashed and set aside a certificate issued by the ECI which stated that bypoll will not be held. 

Citizens going unrepresented would amount to sabotaging the entire constitutional framework, the Bombay High Court said. “We find it unthinkable that several months could go pass and the entire constituency be told that now time has not remained and constituency might as well wait for 2024. We cannot possibly accept or contemplate this,” the bench held.

 ECI submitted that the whole of its machinery has been far too busy since  March 2023 to prepare for the upcoming general elections of 2024. The court did not find this to be a genuine difficulty. 

The petitioner, Sughosh Joshi, a registered voter in Pune constituency, challenged the ECI certificate.

 Advocate Dayaar Singla | Petitioner's Lawyer

Abha Singh | Lawyer

Satya Pal Jain | Additional Solicitor General of India

Ashutosh Shrivastava | Advocate

Basic Structure - shailendra Awale by WA


Basic Structure, of an institution or constitution, always considered sacrosanct, cannot be touched.  In a democratic polity the constitutional framework serves as protection of the stated rights,  a sort of insurance coverage. If you are paying the premium as a part of the government system or a party in power, you are protected. Not a long time ago,  while speaking in Dehradun, Chief Justice Chandrachud had underlined that in a democracy, majority will have its way, but minority must have its say. He further added social harmony in a democracy should not be achieved by flushing out dissents. Quite a toast of the day. But in real life politics, the first part is the core, laws are formed, changed and repealed by a majority. So they will always say. But natural for a democratic institutional set up from parliament,  executive or election commission or the judiciary will present vibrancy of a rainbow of majoritarian set up and identity.
Minority will be provided a say, an extension of the goodwill or a promise from a large hearted majority who has a way.
In Ram Mandir Judgement, the supreme court held that demolition of vivadit dhancha aka Babri Masjid till the day was an egregious violation of the rule of law. So the best ‘way’ forward is to handover the land in question to a party to a party who were part of the demolition squad and a part of the majority of the democratic polity. A charitable court using her special power asked the government to allocate the land to the minority to have their place of worship. No wonder it was a political agenda, project and a promise of the party in power, with a comfortable majority.

Again the Supreme Court in the case of Article 370, recognises the rights of the president, elected by a majority in democracy, to pass an order, abrogating an article 370, a solemn promise to minority who are a majority in State Jand K then. The president decides and passes an order without any consultation or recommendation from the state. What a power sir jee. Yes, CO 272 had overstepped, but had no bearing on CO 273. If the Executive or Solicitor General were aware of such power entrusted to them, they would not opt for circumspect process. Now not just a window, a door is open for them to present alternative vision abiding the law making process by issuing CO. Was it not an agenda of the party in power or their promise to their majoritarian followers?
So the court can decide the way between two fronts of the majority party. Minorities can approach the court to have their say, and  listen or adhere to the way forward.
Yes, the basic structure is sacrosanct, like  federal polity, fundamental rights, etc, but the majority will always have Super Express Way in a democracy.