158
WORRY ABOUT JUSTICE
The last mail was submitted to Her Excellency the President of India on 18 October 2010. A meeting of the Union Cabinet took place on 19 October 2010. It was followed by another meeting on the next day. The Union Cabinet postponed all privatization plans to 2011.
The Union Finance Minister said that he was thinking of retiring from the active politics. He has been concealing the real wealth of the people. The people might not condone him in this matter. Anyhow, he continues to remain in the Union Cabinet like a bewildered man presumably because the ruler asked him not to desert all others.
Following this, there were reports that the Union Cabinet would be reshuffled in two or three days. But this did not happen.
The Government sold 10 per cent shares of the public sector Coal India Limited (CIL) as planned. The Government wanted about $ 3.5 billion. The public sector banks alone subscribed for about $7 billion. Evidently, one public sector institution sold the shares and some other public sector institutions bought the shares. It was an unconstitutional arbitrage trading. Legally, the Unit Trust of India (UTI) alone is permitted to trade in shares. Others need suitable legislation consistent with the Constitution of India.
It must be noted that even the USA forbids commercial banks from trading in shares. But the ruler believes that it is impossible to run this country without allowing arbitrage trading. She, apparently, believes the words of the Prime Minister.
Recently, the Supreme Court (SC) directed the Government to distribute the rotting food grains to the below poverty line people. The Prime Minister of India openly described this as an impossible one. When it was pointed out that some State Governments were supplying food grains - practically free of cost - to all their people, the Prime Minister maintained a silence.
It is pertinent to recall that one day; Philip moved forward to attack his son, Alexander. After a few steps his knees wobbled and fell flat on the stone floor of the banquet hall. Standing next to the fallen Philip, Alexander proclaimed to the assembled guests that “here lay their king. He wished to invade Asia. But he could not move from one table to the next without losing his balance”.
As the Prime Minister poses as a great economist, his silence could be compared to the above incident. At least now, everyone must understand his knowledge in economics.
Dalai Lama on 21 October 2010 gave some suggestions to China to solve the Tibetan problem. A public sector TV channel published it.
All countries - except India - could publish his words. India should not publish his words because the ruler of India does not publish the words of important people of India. By publishing the messages of Dalai Lama, the ruler shows to the world that there is FREEDOM of expression in India.
An Indian industrialist has spent more than $2 billion to construct his house at Mumbai. It will be opened very soon. This must be the biggest house in the world. It must be bigger than the Presidential Palace, Parliament House and the Army Headquarters put together. He takes the natural assets of India. Therefore, he could easily maintain the paramilitary forces. But he is not doing this. Instead, many Indians work in foreign countries to maintain this.
A private company bought assets worth $18 billion in other countries in the last six years. This shows that Indian companies must have bought assets worth at least $200 billion in the last six years. This is based on their calculation.
The President of the USA would pay a visit to India in the first week of November 2010. There are reports that he would land at Mumbai. He must be requested to land at New Delhi first. The protocol must be similar to the one followed to receive his predecessor.
In a judgment related to live-in-relationship, a two judge Bench of the Supreme Court (SC) on 21 October 2010 said that the court could not legislate or amend the law. The judges added that the court in the grab of interpretation could not change the language of the statute.
In the above case, the learned judges of the SC could have given their judgment in any way based on their knowledge. However, they should not have used the above words to justify their interpretation. By using the above words the judges are seeking to impose their will on other judges.
Some judgments are simply laws invented by the courts. Even the Parliament is not allowed to change some of them. In such cases, the Supreme Court even rejects the Constitution of India. An example is the order that reservation to various communities should not exceed 49 percent. There are a few more examples like this.
It is well known that some interpretations of the court, like smocking in public places, take the form of law. Such laws could be annulled or amended by the Supreme Court or Parliament.
In the BALCO judgment mentioned in Chapter 3, a three judge Bench said that the court was not for considering the economic policy of the Government. This was a new law invented by the court. This law placed economic policy over judicial review. Now the court is extending this law to social matters also.
In a seven judge Bench judgment mentioned in Chapter 54, the SC cancelled reservation in unaided educational institutions. Here, the court - without saying that it was interfering in the policy decision of the Government-simply cancelled the policy of the Government. In this way, the court, unwittingly, annulled the BALCO judgment.
Now, the SC must say whether it is bound by the three judge judgment or the seven judge judgment because there is no discernable pattern in these judgments. The people, as a rule, want an established, settled and known law to execute just decisions.
In this connection, it must be stated that Government exists for the people and not for it. It could take any action for the good of the people. It could even use force to preserve the property of the people and to protect the people. On the other hand, it cannot take any action to destroy the people or their property.
How do people know whether an action is good or bad? In order to know this the Government enacts law. That is why the Government is a law making body. This law is command and must be obeyed by all for the general happiness of the people. The danger is – and it is the crucial point - the Government and the courts also must act through law to that end. This is to regulate the motive of self-interest. This is the reason why the Government and the court are bound by the Constitution. A written constitution always limits the powers of the Government and the court.
The SC must see whether the Government obeys the Constitution as the command of a supreme authority or not. It must strike down all unconstitutional policies for establishing justice. This is very important when the policies affect the entire population. This is the duty of the SC. This is the reason why judicial review is the corner stone of the Constitution of India. The learned judges shall not take a perverted or indifferent stand in this matter. This is the opinion of this writer.
The SC could give any opinion to this very important matter. Its opinion could be accepted as justice. Now the SC does not worry about justice.
This is important because in the BALCO case, the judges disowned their responsibility. The present judgment also tends to go in that direction. Tomorrow, the Government would have to take back all natural assets. Then the court should not say that the fundamental rights of 1000 million people were less important than those of ten people.
The Government said that the disinvestment target of about $9 billion would be met within 2010. Thus the Government, presumably at the instance of the ruler, changed its policy within four days. The newspapers said this on 22 October 2010.
In a democratic country, the leaders would maintain an atmosphere of openness even if there were vile criticism. There is no vile criticism in this work. Yet, the ruler is not doing justice to 157 letters. In fact, she does not worry about justice at all. Naturally, she would not give FREEDOM to the people. Therefore, none could control her private interests.
In order fulfill the wishes of the ruler; the Union Government is now taking steps to auction the properties of two National Textile Corporation (NTC) Mills of the Government. One Mill is in Banglore and another Mill is in Indore. Unless otherwise prevented, the Government would sell them.
In this connection, it must be noted:
1. The Government is in possession of more than the US$ 60 billion in the Provident Fund (PF) account.
2. There is about US$ 60 billion in the Pension Fund.
3. The Public Sector Undertakings (PSUs) were keeping about US $ 55 billion surplus money in June 2005. They must have now over $ 100 billion.
4. The sale of public sector Elphinstone Mill mentioned in Chapter 54 was challenged in the court. The court did not disclose its verdict.
5. A former Union Minister had a net asset of about $500000. He purchased a public sector Mill for about $100000000 on 21 July 2005.
6. The Comptroller and Auditor General (CAG) of India had - Chapter 51- found that a public sector hotel was sold for the sole bidder. The CAG said that the Government lost a huge amount when a hotel was sold - Chapter 27.
7. The Central Bureau of Investigation (CBI) on 13 August 2005 said that a then Union Minister contacted the LIC , various nationalized banks and others to help buy a PSU.
8. The Government on 21 July 2005 directed the CBI to probe the public sector Centaur Hotel disinvestment case. The Government later suppressed it.
9. The Government is selling many properties secretly.
10. The present ruler had condemned the NDA Government for selling public properties. She had gone to the extent of using the word “cheat”- Chapter 39.
A combination of above points shows that the sole goal of the Government is plundering public assets. The ruler allows it in private interest.
It must be noted that the Government is like a trust or society formed for the public good. The assets of this society shall not be apportioned like this.
Notwithstanding the above, the ruler could sell one or two public assets. This must be purely in public interest. It must be in exceptional cases. Such instances are very rare. The essential condition is that the ruler must give FREEDOM to the people to know this work and similar works, if any, of others.
Though it is a digression, it may be said that the Government must even forbid private trusts and religious organizations from alienating immovable properties through long lease or sale. The heads of many organizations sell the assets in the pretext of doing one social work or other and amass wealth.
The Vice President of India exhorted the students to fight against corruption.
Her Excellency the President of India emphasized the importance Indian ethos in real life situations.
The Prime Minister of India described India as an open and democratic country. The public sector TV channel is showing hundreds of people less important than this writer. Yet the Prime Minister talks like this.
The Prime Minister, further, said that the capability of India to combat terrorism would be a step ahead of the terrorists.
The Prime Minister hinted that there was a new threat to the security of India.
It must be noted that the Prime Minister appears before the people very rarely and artificiality governs all his actions.
It is said that the demons do not worry about justice.
The facts from 18 October 2010 to 22 October 2010 are being submitted to Her Excellency the President of India on 23 October 2010.
V.SABARIMUTHU
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