Irrelevance of the Constitution - Mahesh Chandra Dewedy SignUp
Boloji.com
Blogs
Home Kabir Poetry Blogs BoloKids Writers Contribute Search Contact Site Map Gift Shop Advertise RSS Login Register
Blogs
Irrelevance of the Constitution
Mahesh Chandra Dewedy Bookmark and Share

Ours is a constitutional democracy and every wing of it- the legislature, executive, and the judiciary- are bound to act according to laws enacted under its provisions. The judiciary has the special role to ensure obedience to the laws by all wings including judiciary and punish the violators. In order to keep the legislature under check, the Constitution empowers the higher judiciary to interpret a law and declare it ultra- vi*res of the Constitution, if it finds it to be so. However,  even the highest judiciary cannot override a law unless declared ultra vi*res; because, if that is permitted, then all decisions can be subjective leading to total chaos in judicial administration.  Therefore, the following news report in a leading daily of 23rd February, 2011 needs serious notice by the legal luminaries, legislators as well as the public in general:

“The Supreme Court on Tuesday let off three rapists after they claimed a “compromise formula” with the victim and agreed to pay her a fine of Rs. 50,000/-  each. A bench…..reduced to three and half years (the period already served in prison) the 10-year sentence awarded to the trio who pleaded that both the convicts and the victim were living happily married to different people and wanted to live peacefully.”

It is obvious that it was no ordinary crime but a heinous case of gang-rape of a woman by three persons in which the law does not provide for any compromise. It is not possible to understand how an order not provided in laws can be justified by the Hon’ble Supreme Court; and in future why should lower courts not start deciding cases arbitrarily quoting this case as a nazir?

If left unchecked, such a tendency may even lead to the irrelevance of the Constitution itself. Will the legislature rise from its slumber and do something to make each wing of democracy remain confined within its authority? 
 


02/23/2011
More by :  Mahesh Chandra Dewedy
Views: 1115               
Share This Page
Post a Comment
Bookmark and Share
Name*
Email ID  (will not be published)
Comment
Verification Code* P5W28

    

 



 

~*~
Solitude and other poems by Rajender Krishan 


Analysis
Architecture
Astrology
Ayurveda
Bolography
Book Reviews
Buddhism
Business
Cartoons
Cinema
Computing
Culture
Dances
Environment
Family Matters
Festivals
Ghalib's Corner
Health
Hinduism
History
Home Remedies
Humor
Individuality
Kabir
Literary Shelf
Memoirs
Musings
My Word
Opinion
Parenting
People
Perspective
Places
PlainSpeak
Poetry
Ramblings
Random Thoughts
Recipes
Sikhism
Society
Spirituality
Stories
Teens
Travelogues
Vastu
Vithika
Women
Workshop
Home | Hindi | Quotes | Privacy Policy | Disclaimer | Site Map
No part of this Internet site may be reproduced without prior written permission of the copyright holder.