Friday, August 9, 2013

BL Today - on Controversial Arena

Aug 29

The judiciary and growth

The primary cause of judicial overreach has been executive failure in implementing the law of the land. »

<> "....There is a very thin line between judicial activism and judicial overreach, something the courts have not always recognised. ..."

Loudly lamenting >
Such a statement is prima facie founded , in one's perspective, on a fallacy in the very basic understanding / faulty logic. There is no longer, no such 'line', imaginary or otherwise - of justifiable demarcation, or distinction, or whatever you call it.
More often / in most of the instances, court litigation - be it an interested party initiated or profoundly PIL , comes to be resorted to as the one and only option/course of action left to a hapless, hopelessly harassed citizen to, if not for anything else, help self and reach the message - grievance or problem -to the otherwise stone -deaf, invariably also stark- blind , authority in power/administration of the related field coming normally under the purview of - 'executive'. 
If one is talking of  the ‘boundary line' envisaged /laid down in the basic charter itself, for general guidance and pursuit, between the two  namely,  executive and judiciary, the point for a serious fresh thinking/ eminent deliberation  is this:- Do not the violently changed, largely obtaining, inescapable  circumstances/facts of life, = in which 'good governance', be it in relation to India, or India Inc., so on,  has come to stay as a concept or ideology to be located only on paper, - necessitate tampering with that ideally conceived border line but has come to prove a useless tinsel, hence requiring to be tampered with, from the viewpoint of 'societal welfare'.
if not for modern times politicians or economists, the foregoing thoughts might be worthwhile to be explored by the so called, unique class- sociologists- i.e.  socio-political philosophists, if any  still surviving in our midst.
(left open for editing)
Aug 28


Slowdown hurts, some of us

A (wild) thought: The two- track economy, viewing differently, has nothing to do with urban or rural. Monies earned and wealth built up travel on two parallel tracks- i.e. quite visible / transparent and not-so. In today"s enormously corrupt and absolutely messed up scenario, none seem to have an option to "flee"; except that , choices open being either to "fleece" or be fleeced - albeit, a hob-son"s (!) choice, depending , of course, on which of the two tracks one is positioned or mounted.
              <>  'Rupee caught in global storms' - Oh, is that really so?!- What a great revelation!

              At best, as one who can afford to and hence spared a few minutes to read it- a run of the mill type- through, left wondering - if at all, is it not  really a 'tsunami' that rupee is caught in, - not a 'storm' !
              Pithily stated, the writer has chosen to, unwittingly or otherwise, and strayed into a beaten track, full of nothing but un-certainties / -realities, which even an 'angel' may fear to tread in.



            Rewarding honesty

            Public servants need protection, both for not committing illegalities and for proactively implementing the law. »
            <> The covered sorrowful episode staged in UP is not just the solitary one. A more or less similar but more painful story has come to be reported from, of all, JK; which is traditionally known as the one with a rich cultural background, the birth place of scholars- in the true sense of the coveted description.
            Having been provoked to recall with nostalgia, though in bits and pieces,  what a great thinker and humanitarian of our times lamented and remorsefully  said:
            Broadly, civil servants in our country are classifiable into two.  To call the ones falling under the first category as bureaucrats   would be an affront to the perceptive, thinking individuals. The second comprises those who are such that not to call them bureaucrats would be an affront to the English language. The latter believe selves to be “steel frame of the Indian government” as they were called in the British days; and remain as rigid, unthinking and unbending as steel  despite being part of the so-boasted self-government. Their participation, active or otherwise, in the  core governmental functions can do nothing but seriously damage the health and cultural heritage of the nation . They are often heard to have virtually revolted against the very objectives of  the principles enshrined in the nation’s basic charter; more so, against  the well- conceived and - intended national policies , albeit being limited in number, going their own  mindless  way.
            Whither the democracy ?


            No comments:

            Post a Comment