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Log inSupreme decision on Black money: A legal slap on non performing govt
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Supreme decision on Black money: A legal slap on non performing govt
by truthbetold Sat Jul 09, 2011 11:33 am
http://www.thehindubusinessline.com/opinion/columns/b-s-raghavan/article2162120.ece
Read this article and find the actual judgement (search The Hindu).
The Court says: “Depending on the volume of such monies, and the number of incidents through which such monies are generated and secreted away, it may very well reveal the degree of softness of the state.”
"The impression left in the minds of the people by the findings of the Bench on the conduct of the Government and its investigative and enforcement agencies, insofar as black money is concerned, is that of their having been negligent of their duties under the Constitution."
"In essence, the picture emerging from the Order is of the Government's failure to discharge its functions in compliance with the provisions of the Constitution. If the same situation had arisen in respect of a State, it would have led to the dismissal of the State Government and imposition of the President's Rule!"
May be supreme court can light a fire under this govt.
Read this article and find the actual judgement (search The Hindu).
The Court says: “Depending on the volume of such monies, and the number of incidents through which such monies are generated and secreted away, it may very well reveal the degree of softness of the state.”
"The impression left in the minds of the people by the findings of the Bench on the conduct of the Government and its investigative and enforcement agencies, insofar as black money is concerned, is that of their having been negligent of their duties under the Constitution."
"In essence, the picture emerging from the Order is of the Government's failure to discharge its functions in compliance with the provisions of the Constitution. If the same situation had arisen in respect of a State, it would have led to the dismissal of the State Government and imposition of the President's Rule!"
May be supreme court can light a fire under this govt.
truthbetold- Posts : 6799
Join date : 2011-06-07
Re: Supreme decision on Black money: A legal slap on non performing govt
by Marathadi-Saamiyaar Sat Jul 09, 2011 12:03 pm
Indians - including the Govt. and law enforcement - stopped obeying SC orders and respecting their views long back.
just FYI.
just FYI.
Marathadi-Saamiyaar- Posts : 17675
Join date : 2011-04-30
Age : 110
Re: Supreme decision on Black money: A legal slap on non performing govt
by truthbetold Sat Jul 09, 2011 12:14 pm
Marathadi-Saamiyaar wrote:Indians - including the Govt. and law enforcement - stopped obeying SC orders and respecting their views long back.
just FYI.
Swamivaru,
That is why SC has been assuming more and more active role. See how it step outside its role in Modi's follow up investigation. It pushed 2g scam to a higher level. In this black money case, it is taking a supervisory role to ensure govt action. I think SC is hoping if it can put the facts on the table, people will decide on how to reshape the political state and who run its. They deserve applause for trying.
truthbetold- Posts : 6799
Join date : 2011-06-07
Re: Supreme decision on Black money: A legal slap on non performing govt
by Kris Sat Jul 09, 2011 12:30 pm
If the same situation had arisen in respect of a State, it would have led to the dismissal of the State Government and imposition of the President's Rule!"
>>>>> Pretty strong. Sounds like the SC means business. Are these matters coming up because there are parties petitioning the court or is the court acting on its own volition? In terms of recourse, for instance the black money issue is not taken up seriously, what will be the outcome? or is it a case of exposing the gov't for what it is and have the voting public decide?
BTW, kudos to India if the judicial branch is able to act this independently ( my bailiwick about judicial activism not withstanding- I am not seeing an overreach here if the judiciary's doings are a result of citizens initiating the complaints and the court is weighing in)
>>>>> Pretty strong. Sounds like the SC means business. Are these matters coming up because there are parties petitioning the court or is the court acting on its own volition? In terms of recourse, for instance the black money issue is not taken up seriously, what will be the outcome? or is it a case of exposing the gov't for what it is and have the voting public decide?
BTW, kudos to India if the judicial branch is able to act this independently ( my bailiwick about judicial activism not withstanding- I am not seeing an overreach here if the judiciary's doings are a result of citizens initiating the complaints and the court is weighing in)
Kris- Posts : 5460
Join date : 2011-04-28
Re: Supreme decision on Black money: A legal slap on non performing govt
by truthbetold Sat Jul 09, 2011 1:46 pm
Kris,
According to news reports, Govt acted a little bit to prempt SC appointing a committee consisting of top bureaucrats from Finance, home, external and CBI. SC acknowledged that it cannot be an active investigator, set up a SIT consisting of past judges and made the Govt committee reprot to it.
The message from SC is that there has to be action, and action must be meaningful and time bound.
Congress is well known for finding ways to delay, dither and discourage people, and courts. They will try once again.
According to news reports, Govt acted a little bit to prempt SC appointing a committee consisting of top bureaucrats from Finance, home, external and CBI. SC acknowledged that it cannot be an active investigator, set up a SIT consisting of past judges and made the Govt committee reprot to it.
The message from SC is that there has to be action, and action must be meaningful and time bound.
Congress is well known for finding ways to delay, dither and discourage people, and courts. They will try once again.
truthbetold- Posts : 6799
Join date : 2011-06-07
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