While 4 SC judges said fundamental rights were suspended during Emergency, Justice H.R. Khanna held that life & liberty can’t be at the Executive’s mercy.
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Justice Khanna was wrong. The Constitution DOES permit fundamental rights to be suspended during an Emergency. An Emergency means that the nation’s security is under grave threat. AT times like that, extreme measures are to be called for, which means that fundamental rights are indeed suspended.
This principle derives from the time of the Roman Republic, when the Senate would authorise the Consuls to appoint a Dictator to take control and protect the Republic. The Dictator was basically THE Law. But the Dictator’s term was also fixed, and it was not easy to have the Senate agree to approve the appointment of one. And they would do it only when the fate of the Republic was under grave external (e.g., invasion by Hannibal) or internal (e.g., the Catiline Revolt) threat.
The problem is that our Constitution makes it supremely easy for the Executive to declare an Emergency. THAT is what should be curtailed.
Our SC, over the years, has increasingly decided that they possess a unique insight into something they define as the “spirit”of the Constitution.
This is a DANGEROUS phenomenon, as any random, unaccountable Justice will decide he or she knows better than We, the People, what we want our laws to be. We chose to have a written Constitution because we wanted our elected representatives, representing us, to write our laws in plain, clear text. There is no reason at all why a Judge should choose to read between lines and act as a Diviner of some unknown “spirit” that he/she then ferrets out to justify one action or nullify it, often in direct contravention of the plain text of the Law itself.
Justice H R Khanna’s portrait hangs in Court no 1, a continuing reminder to all those distinguished gentlemen who preside over it, that some human rights are inalienable, not subject to the whim or caprice of the sovereign.
The great constitution of India was framed in a background of English law. It took the assistance of English lawmen and Indians educated in England to frame it.
The Indian constitution is being slowly chipped away by various judgements to sculpture it to fit into the aspirations of the great Bharat Mata people.
This is because our constitution is a British adjunct, a foreign object, it goes against the laws of Manu. It must be ripped out of the fabric of INDIA, it is anti national.
Bharat Mata’s Social Laws have framed the caste system and the great Hindu religion for a thousand years. This is the natural law of the land
Our present constitution is alien to the Hindi view of the world,.
The vision seen by Brahmins and Hindutva and their worldview is the way to go. We are no longer slaves of the British
Justice Khanna was wrong. The Constitution DOES permit fundamental rights to be suspended during an Emergency. An Emergency means that the nation’s security is under grave threat. AT times like that, extreme measures are to be called for, which means that fundamental rights are indeed suspended.
This principle derives from the time of the Roman Republic, when the Senate would authorise the Consuls to appoint a Dictator to take control and protect the Republic. The Dictator was basically THE Law. But the Dictator’s term was also fixed, and it was not easy to have the Senate agree to approve the appointment of one. And they would do it only when the fate of the Republic was under grave external (e.g., invasion by Hannibal) or internal (e.g., the Catiline Revolt) threat.
The problem is that our Constitution makes it supremely easy for the Executive to declare an Emergency. THAT is what should be curtailed.
Our SC, over the years, has increasingly decided that they possess a unique insight into something they define as the “spirit”of the Constitution.
This is a DANGEROUS phenomenon, as any random, unaccountable Justice will decide he or she knows better than We, the People, what we want our laws to be. We chose to have a written Constitution because we wanted our elected representatives, representing us, to write our laws in plain, clear text. There is no reason at all why a Judge should choose to read between lines and act as a Diviner of some unknown “spirit” that he/she then ferrets out to justify one action or nullify it, often in direct contravention of the plain text of the Law itself.
Justice H R Khanna’s portrait hangs in Court no 1, a continuing reminder to all those distinguished gentlemen who preside over it, that some human rights are inalienable, not subject to the whim or caprice of the sovereign.
The great constitution of India was framed in a background of English law. It took the assistance of English lawmen and Indians educated in England to frame it.
The Indian constitution is being slowly chipped away by various judgements to sculpture it to fit into the aspirations of the great Bharat Mata people.
This is because our constitution is a British adjunct, a foreign object, it goes against the laws of Manu. It must be ripped out of the fabric of INDIA, it is anti national.
Bharat Mata’s Social Laws have framed the caste system and the great Hindu religion for a thousand years. This is the natural law of the land
Our present constitution is alien to the Hindi view of the world,.
The vision seen by Brahmins and Hindutva and their worldview is the way to go. We are no longer slaves of the British