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Sadanand Patwardhan
101 followers -
Abiding interest in the present & future of humanity & nature.
Abiding interest in the present & future of humanity & nature.

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Seeing is Believing?
You Bait??
https://youtu.be/LcpliVYfEqk
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UN War Crimes Investigators to #Gaza.
#Israel under Scrutiny.
US & Australia Oppose Resolution.
https://www.aljazeera.com/news/2018/05/votes-send-war-crimes-investigators-gaza-180518142752946.html
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कर नाटक‘वाला’: संविधान‘वाला’ या प्रधानमंत्रि‘वाला’।

Article 361 of the Constitution of India.
(1) Vajubhai Vala Cannot be brought before the court so long as he is the governor of Karnataka. But his decisions as governor can be.
(2) ^^The President and the Governor Shall not be answerable to any Court For the exercise and the performance of the powers And duties of his office….^^ - Article 361(1).
What does this mean?
It means that there cannot be a priori restraint or injunction against the president or governor as to what they can do or cannot do in pursuit of performance of their constitutional powers and duties. However, that does not mean their acts and actions or not justiciable post facto.
(3) An issue had also arisen as to whether the power of the speaker of Lok Sabha to certify what is a money bill is absolute.
Article 110:
(3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under article 109, and when it is presented to the President for assent under article 111, the certificate of the Speaker of the House of the People signed by him that it is a Money Bill.
The reading here is pretty straightforward and is currently under review of the Constitution bench of the supreme court that has reserved its judgement in the Aadhar case as well as the challenge led by Jairam Ramesh to certification by speaker, Sumitra Mahajan, of Aadhaar act as money bill.
The Finality accorded to speaker’s decision regarding a money bill is with respect to the powers and privileges of Rajya Sabha and the President of India. These two entities cannot interfere with the decision made by the speaker.
However, that does not mean speaker’s decision is not justiciable post facto. It is.
(4) All Acts of the legislatures, executive and constitutional authorities have to satisfy only one test to prove that they are constitutional and Valid: they have followed due process of law as well as show application of mind; and are not Arbitrary, Capricious, Disproportionate, Disruptive of checks & balances, Unfair Unreasonable, Unsound, or Not-Cogent.

सर्वोच्च न्यायालय वाजुभाई वाला को कहां छोड़ेगा?

The Supreme Court bench that held hearing very early in the morning today at 01:20 am rightfully refused to stay the swearing in ceremony or pass any injunction against the Governor, but admitted the petition challenging the decision of the Governor to call the leader of the largest party that wouldn’t have a majority in the house for swearing in Instead of the post election coalition of Janata Dal Secular and Congress, which patently commands a simple majority.
(5) It is better that the wheels of Justice grind slowly & inexorably so long as they grind justly & fairly. The diktacts of efficiency and speed cut the much needed slack, which is a prerequisite often ignored in this age of ubiquitous social media, for much desired introspection and deliberation. {This is not to defend the severely clogged & hopelessly delayed Indian Justice system, where justice delayed is often justice denied}.
https://www.hindustantimes.com/india-news/karnataka-election-results-live-suspense-over-govt-formation-bjp-congress-approach-governor/story-D9Sfzlpsky7MdtXzC054nJ.html
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PMO India Narendra Modi gives us "Bank Accounted Financial Exclusion".
Bank Accounts, Yes; Financial Inclusion, No.
80% Indians have Bank Accounts.
But,
Out of 310 Million #PMJDY A/cs only 1% used Overdraft.
17% = Zero Balance.
38% = Inactive.
Did someone say Jobless Growth??
^^...financial inclusion levels are still among the world’s worst, lower than sub-Saharan Africa on some counts, according to a new report^^. -Global Findex Survey.
http://www.indiaspend.com/cover-story/record-number-of-indians-with-bank-accounts-so-why-is-financial-inclusion-low-13223
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Sleight of "First Past the Post" makes Congress with 38% Vote Share against BJP's 36.2% a LOSER.
Congress a distant Second with 1.8% More Votes, but almost 30% Less SEATS.
The Miracle of our Democracy.
http://www.indiaspend.com/cover-story/with-lowest-vote-share-in-20-years-no-3-finisher-jds-favourite-to-lead-karnataka-95396
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Justice Jasti Chelameswar Refuses Retirement Eve FARCE.
With so many issues flagged by him about the functioning of CJI, principally of course as the "Master" of Roster", this is the only decision he could take.
https://www.ndtv.com/india-news/justice-chelameswar-wont-sit-with-chief-justice-of-india-dipak-misra-on-his-last-working-day-1852622
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