Monday, July 13, 2009

Courts should not admit pil"s relating state and central policy matters and related to burning issues.?


Answers:
PIL's are back door entry for any person who wants his/her personal interest safeguarded with the help of the High Courts or Supreme Court's intervention even when other means exist to get the matter sorted out. I still remember when the very first such issue keep in picture when someone had written a plan letter to the Chief Justice Of India regarding some illegal activity %26 then Chief Justice of India took it seriously %26 considered this letter as a petition for judicial redressal got the matter adjudicated. This issue came in press %26 from that day onward every one wants to follow suit this method. It鈥檚 really very sorry that people don't realize that this is not the only way to get things done; rather they should move the higher judiciary only after exhausting all the avenue open to them. The very fact Courts on Higher level now take any PIL's very seriously as they first want to check if there exist any hidden interest of the person making it or not, if there exist such interest they throw such PIL's out of the court room . The only PIL's that are admitted %26 considered where there exist some real matter of general public interest ,whether it relates to any state policy or decision, rule or principle or action or omission on the part of the state machinery not otherwise.
With the way our bureaucrats formulate policy, and the way our politicians function, the courts are the only hope left. The Supreme Court is fairly strict about what kind of PIL's they will entertain. Nowadays even the High Courts are taking this stricter view and fining vexatious litigants and those with their own personal agenda veiled as a PIL. In the reservations issue which I presume you have in mind, Justice Arijit Pasayat has delivered a meticulously reasoned order, clearly framing the pertinent issues which are referred to the Constitutional Bench.
india is a fedration of many states. Even the state level there is so many diferent race, caste , sub-caste . religion , language , custom , etc.up to British rule , the people were
ruled by caste laws.
At that time majority people have no right to learn , no right to do any thing
to improve thier life , even the dress code is prescribed for
every caste.If any one vilate the rules , thier entire villge is punished for it - the punishment is usually destruction of entire village property, and cooled blood murder of entire village..
only British rule give us as human status.
After the independece evrey one get voting power to elect the government.. Now every person , every group , every caste , every race wants equal share in all matters.
so the government makes laws to do some thing to equalise
the present set up.
The court is a body to see the law is applicable to every person. If the court enter the policy making matter , how
the government fullfill thier promise given to the people at the time of ellecton.. The court is allways cite the consistution and declare a welfare act as unlawfull act

Every law is made only to help the people. now every law
is passed by the elected represtative of the people.
The goverment have a resposiblity to keep all the people
in its fold ,and make the country as a united one..and peacefull one.
Our consituation give ammemended power to the parliament,
The court find any new law viloate the consituation it can give its advice to amend the consitution .
we must rememember - Edmund Bruke {?] words
equlity is the true morality.
now people wants equal status , equal education , equal land sharing, equal bussiness share, equal share government jobs -only
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