Kesavananda Bharathi Vs State of Kerala – The Supreme Court's Historic Judgement

The outcome of Kesavananda Bharati versus State of Kerala was a historical judgment passed by a special bench comprising of 13 judges of the Supreme Court of India on April 24, 1973. With a majority of 7-6 judges, they ruled that, the Article 368 of the Constitution "does not enable Parliament to alter the basic structure or framework of the Constitution".

‘The Supreme Court ruled in Kesavananda Bharathi Vs State of Kerala that although the 25th Amendment of 1971 was constitutional, the court still reserved for itself the discretion to reject any constitutional amendments passed by Parliament by declaring that the amendments cannot change the constitution's "basic structure”’(Source: Wikipedia.org)

There are certain principles within the framework of Indian Constitution, which are inviolable and hence cannot be amended by the Parliament. These principles are commonly termed as 'Basic Structure'. The basic structure doctrine is the judge-made doctrine where certain features of the Constitution of India are beyond the limit of the powers of amendment of the Parliament of India. The doctrine came in light with Kesavananda Bharati vs. The State of Kerala case.

The question whether fundamental rights can be amended under article 368 came for consideration in the Supreme Court in Shankari Prasad Case with First Amendment Act 1951. With basic feature in doctrine, the majority in Kesavananda Bharati Vs State of Kerala case held that second part of Section 3 of the Constitution 25th Amendment act, 1971 was invalid in Article 31-C. Indira Gandhi Government had reacted sharply by putting specified laws of acquisition of land beyond pail of Article 31 by engrafting exceptions in Article 31 A to Article 31 D. (Source: Case Study by Justice Sunil Ambwani). Art.31-A, except few clauses & Article 31-B read with 9th Schedule, gave blanket cover to certain enactments. Article 31-C was inserted by 25th amendment providing that any law which seeks to implement the directive in Article 39 (b) or 39 (c) with a view to plan the socialistic distribution of wealth and the means of production, was not to be void for any inconsistency with Art.14 or 19. (Source: Case Study by Justice Sunil Ambwani).

The decision in Kesavananda Bharati vs. The State of Kerala case with addition to the primary judgement (as stated above) had further held that the immunity to any particular law to implement the directive in Article 39 (c) is unconstitutional.

Is It Really New-Clear Energy ?

The term ‘Development’ in our country has affected negatively to the people, mostly poor people of India. There has been a history of incidents, which are enough to be remembered where thousands poor people has paid for the so-called ‘Betterment for common people’. Millions of people have been killed, thrown out of their livelihood, their villages, due to construction of SEZs, Industries including sourcing for alternative power – Nuclear Energy. After INDO-US nuclear deal, India’s aim for nuclear power is now surrounded by numerous of controversies.

A protest against Nuclear Plant in India

From, Jaigad power project to Coal-fired thermal plants in Ratnagiri & Sindhudurg threatens livelihood of thousands of lives that are depended on fishing or vegetation. Anil Razdan one of India’s top energy experts in an interview with Tehelka states that one has to understand the crisis in the right perspective and not criticise the government for everything. He says we are awfully short on power because demand is rising as expected in a developing country like India, but our supplies are falling way behind. But can we pay the price for millions of people who are affected due to the Nuclear energy, which most of them are unaware of. It is a known fact that nuclear power is a most dangerous invention, which is detrimental to both humans and the environment.

According to a survey of the National Commission for Enterprises in the Unorganised Sector (NCEUS), a government-affiliated body, 836 million Indians live an on half a dollar a day. The hunt for this new source of energy is anyhow not going to solve hundreds of problems faced by poor people already. The invention of ‘nuclear power’ might be invention of alternate energy but this is the pathway to development of nuclear weapons in future.

A Nuclear Power Plant in India

India ranks fifth, globally in installed electric power capacity, ranks fourth for installed wind capacity and second for bio-gas generation. Wind Energy doesn’t match electricity demand well in India. So as the ‘Solar Energy’, which has just started to be accepted in India. More than 400 million Indians do not have access to any electricity. If the ruling class couldn’t fulfill the basic needs till date what’s the point in aiming for ‘Nuclear Energy’, which has already affected millions of people in rural India.

Jairam Ramesh, Minister of State for Power once stated, “If India wants to be a global superpower, it must also take on global super responsibilities”. The hunt of alternative energy doesn’t make our country superpower. In fact the rural India, which accounts for more than 71% of population would be happier surviving with their present, not with the benefits (Nuclear Energy) only available after 2020.

Therefore, can we really call it New-Clear (Nuclear) energy ?

Is National Language The Unifying Factor Or Is It Counter Productive ?

India is a country of diversity without any element of doubt about it. Much has been talked about multi-cultural, multi-ethnic and multi-language issues. When we look into the ‘COMMON national language’ of India as a country, there have been many debates, arguments as well as many protests and movements from different parts of country. ‘Language’ is actually a part of culture that unifies the ideas & belief of diverse people.

It is commonly mistaken that ‘Sanskrit’ and ‘Tamil’ are close to each other. But in reality, it is not. According to linguistics all the south Indian languages Tamil, Telugu, Kannada and Malayalam are called ‘Dravidian’ language. As far as the north Indian languages, Hindi, Punjabi, Marathi, Gujarati, Bengali, Nepali, Oriya, etc comes under Indo-Aryan language’. Since 60 years of Independence each & every culture has been borrowing vocabulary from each other. But with this sharing of faith, there has also been many major incidents which has ruined the secular fabric of the country. Tamil Nadu riots of early 60s are one the prominent examples of this language divide in India. When Hindi was declared the official national language, most of the South India protested against it. The impact was of such an extent that, after the incident no national political party like Bharatiya Janata Party (BJP) or Indian National Congress has managed to win the hearts of voters.

There is a lot of diversity & variation in dress codes; food habits, festivals and especially the difference in languages are prominent among the states. But this does not mean they are separate from each other.

According to constitution of India, the official languages of the Republic of India are Hindi and English. Article 343(1) states that “The Official Language of the Union shall be Hindi in Devanagari script and English could be also used for official purposes.” Constitution also states that the individual states can legislate their own official languages, depending on their linguistic demographics. But recent events in Maharashtra reflect ‘State Nationalism’ more than Unity of Nation, when Maharashtra Navnirman Sena (MNS) called for all government procedures to be in Marathi.

Article 346 states that “Official language for communication between one State and another or between a State and the Union” is Hindi or English. National language binds the values and belief of diverse people. The prominent example is ‘Hindi Film industry’. Most of the well-known regional actors, Directors, or Technicians have started working in mainstream Hindi cinema because of wide acceptance of Hindi as a common language. The great examples like Satyajit Ray, Kamal Hasan, Girish Karnad, A.R. Rahman & many others have earned better acceptance and accolade because of the national platform as compared to regional projects.

In India, a country where language changes every few square miles, paradoxical though it may seem, language has been a powerful factor for unifying people since the days of the British rule. Lokamanya Tilak was perhaps the first national leader to appreciate this conspicuous feature of the Indian society and to advocate the reorganization of the provinces on a linguistic basis with a view to promoting unity in diversity. – Jhumpa Mukherjee (The Roots of Linguistic Reorganization of Indian States – The Experience of Orissa as a Linguistic Province in the British Raj).

In a Report made by Motilal Nehru – Nehru Committee of the All Parties Conference made in 1928 said that the existing multilingual State and Provinces would create political difficulties while the homogeneous linguistic States would encourage greater political cohesion, administrative efficiency and economic development. “If a province has to educate itself and do its daily work through the medium of its own language, it must necessarily be a linguistic area. Language, as a rule corresponds with a variety of culture, of traditions, and literature. In a linguistic area all these factors will help in the general progress of the province” (Motilal Nehru Report, 1928).

On contrary the other national party as against Congress, BJP has always been support of Hindi language. But if we see the conflict in this context, Kapil Sibal of Congress had given a statement in month of august 2009 that, “Hindi is important to unify India”. On the other hand Shiv Sena who has been with BJP since long time has always fought for ‘Marathi Manoos’ and Marathi language. The vested interests of the political parties in India have changed from time to time. Citizens of India have suffered a lot due to this confusion.

John Stuart Mill emphasized language as a great factor in the formation of a nation. Before him, Ficte had stated, “wherever a separate language is found, there is also a separate nation which has the right to manage its affairs independently and to rule itself” (Roy, 1965). It seems, it will require yet many more years to at least come to a consensus that, ‘Is national language a unifying factor or is it counter productive?’

Why Third Front Government Is A Wrong Option For India ?

Political Parties who were always opposed to both Congress and the BJP formed Third Front. The National Front was formed between 1989 and 1991 with coalition of various parties. Janata Dal led the front under the leadership of N. T. Rama Rao.

N. T. Rama Rao

Rama Rao did not choose to become prime minister due to which V. P. Singh had to become the prime minister. The government failed which were alleged with scandals of corruption between some of the parties in the coalition. Implementation of Mandal Commission Reports, which led to a split in Hindu community and alleged anti-development, were other reasons for the failure of the government.

‘After the fall of the National Front government, Chandra Shekhar split the principle party of the National Front. Janata Dal formed a Government with the backing of Rajiv Gandhi’s Congress Party for a short time and was brought down by Gandhi on frivolous charges of spying by Haryana (a state then ruled by Chandrasekhar’s party)’- Source: Wikipedia.org

Bharatiya Janata Party emerged as the largest party with 161 seats in 1996 general elections. With the nationalist, it was invited first to form a government. In merely 13 days Atal Bihari Vajpayee government fell down. The Indian National Congress, with 140 seats along with the CPI(M) agreed to form the government. Janata Dal extended it support form outside. On March 2^nd, ex-prime minister and Janata Dal (Secular)’s H. D. Deve Gowda announced officially the name of Third Front for Lok Sabha elections 2009. It was earlier known as the United Front, which had formed the Government between 1996 and 1998. Led by the Janata Dal their two Prime Ministers were H. D. Deve Gowda and Inder Kumar Gujral. H. D. Deve Gowda was asked to be the Prime Minister. He served his term from June 1, 1996 – April 21, 1997 only. This government did not survive for long as the Sitaram-Kesri led Congress withdrew support 10 months later. Inder Kumar Gujral became Prime Minister after that and he served his term from April 21, 1997 – March 19, 1998. Fresh elections had to be called after the drastic collapse of the government twice.

Third Front

The Third Front, which is now, a biggest challenge to both United Progressive Alliance (UPA) and National Democratic alliance (NDA) is an alliance between the communist parties of Left Front and the regional parties.

Third fronts in the past are known for being “ideologically loose and opportunistic. Third fronts in the past were also known for internal differences within the coalition”- Manjunath Singe (Date of Publication: March 21, 2009) - Source: Mutiny.in

Smaller parties with various political ideologies came together to from a front without any common vision or goal. Neither did they had a leader like Atal Bihari Vajpayee who brought secularity in spite of BJP always known for hardcore ‘Hindutva’ nor did they had leadership like Congress, which still talks about common people’s development.

‘Such fronts consist of parties of somewhat similar clout and size but conflicting ambitions; thus by their very composition they inject instability into the polity. When a Congress or BJP-led coalition government is in the saddle it has far more room to manoeuvre, since it is the large, core party that relies on smaller parties rather than vice versa.’ - Source: IndianExpress.com

I think the Third Front lacks common vision and objective. I think the only goal of the party seems to have a Non-BJP or Non Congress government. Lack of national leader, weak manifesto (as compared to national parties like Congress or BJP), it has always ruined its image in whole country. Though exception of West Bengal with a strong leadership of Jyoti Basu, and small example of Tripura has kept the hope alive, the results of 2009 Lok Sabha election results, the scenario seems to be changing. It is hard to expect a drastic change among the citizens who would elect the Third Front to form a government in next few general elections.

Do ‘Hate Speeches’ Really Affect ‘Secular’ India ?

Hindu’s should not be proud if some ‘non-Muslim’ courageously say something objectionable about Muslims. There is no manliness in spreading hatred. Nor is there any manliness when any Muslim cleric talks of taking revenge from Kafirs.

Varun Gandhi or some ‘mullah’ who spread hatred ‘may be’ hungry for power, have a huge sense of self importance and feel they can win popular support of the people – be they common Hindus or Muslims by such ugly rhetoric.  Even if Hindus and Muslims have not lived happily before (which is absolute rubbish), we must not recollect the distorted past today to justify hatred for each other and destroy our ‘Common’ future. It is not at all that difficult to defeat hatred and say ‘No’ to anyone teaching violence and hatred in the name of religion.

In Europe, the Protestants and the Catholics used to kill each other, but because of past hatred have they keep the enmity alive? ‘No’.

There might have been a time when ‘Mahmud of Ghazni’ came and destroyed temples. But today largely Muslims live in fear – a fear where some feel that they are going to face existential threat from Hindus. This is not a good feeling but Muslims (also Hindus) too must rise from this. They have to get out of the fear psychosis and say ‘No’ to it.

And yes, the holy Quran will never say – ‘behead Hindus’. In fact no holy text of any religion would preach this.

Varun Gandhi’s hate speech at Pilibhit (UP) in Lok Sabha elections might have left a scar to secular country, but does it really matter to voters? I think, for the majority it doesn’t. And yes, scars do heal !

Lets make India proud, not our community ?!

Mind-Boggling Sculptures That Defy The Laws Of Physics

Flying Stone Statue in Cairo

The poor stone is trying to "hang on" to its friend, who is at the verge of floating away!

Floating Elephant

Bet you can’t pull off a horizontal handstand, er, I mean trunkstand.

Leaning Statue

As if Michael Jackson’s Smooth Criminal’s gravity-defying stunt wasn’t enough, here comes a statue from Emil Alzamora pulling off a reverse Smooth Criminal.

Quintet of Smile

If you have never thought of human teeth as creepy, now you know better. The stuff of nightmares from Hitoshi Itoh. There’s more in his personal Flickr account.

Force of Nature II

An amazing statue exemplifying the ferocity of Mother Nature’s wrath. She could you blow you off your toes if you don’t treat her right. At least this statue is still standing firm as a reminder for us to take better care of our one and only home.

Suspended

Watch as these brave ladies stand under this precariously suspended err, boxes?

Circus Act Between Coconut Trees

Balancing a sculpture on a thin rope is hard, but making one pose for gymnastic rings between two coconut trees is definitely harder.

Hair-Raising Sculpture

A structure of a lady on a cakey surface, nothing special about it until you realize that this is a nano sculpture that measures 80 x 100 x 20 microns, created on a strand of hair (the average diameter is 40-50 microns, for your reference).

A Car and its Parking Space

Poor car got caught in a pavement wave of the weird kind and got stuck there.

Tour by Catellan

Not really a statue but come on(!) look at how that hoop is holding up the table.

Gravity Defying Cars

If rockets, don’t work, maybe these cars will get the deed done.

The Farm, Kaipara, New Zealand

Somewhere in New Zealand, a giant dropped his hankerchief.

Appearance Emptiness

This is probably one of the most zen sculptures I have ever encountered.

Sculpture by the Sea by David McCracken

The stairway leading to heaven appears to have landed on a seaside in Australia.

Impossible Sculpture

An optical illusion IRL.

Floating Giant Tap

Someone broke logic and this is what we have to deal with now.

Giant Clothespin

That giant who lost his hankerchief, decided to do his laundry.

Monte-Meubles, L’ultime Déménagement

We all want to live in a castle in the sky, just maybe not this one. There are a few rooms, floors, walls, windows and ceilings missing.

Sand Sculpture

We are all familiar with sandcastles, but a sand sculpture that defies gravity? Probably your first time seeing one too.

Basketball

Here we are looking at a great display of knowledge of structural engineering and sculpting.

Floating Ball of Steel

This ball-and-chain doesn’t look heavy at all.

Boy with Dolphin

An amazing sculpture of a boy and a dolphin, great balancing act that makes people wonder how it’s possible (one word: cantilever).

Big Sculpture Balancing Act

Suspended in mid-air supported only by a thin rope, this sculpture is an awe-inspiring, heart attack-inducing masterpiece.

Invisible Statues

Something is broken in the matrix. These guys didn’t load correctly.

Balance Your Emotions and Revitalize Your Energy in Two Breaths

 There are times when some of the best remedies can be found in techniques used in the ancient past, and this two-breath finger technique is one of them. Referred to as the ancient art of Jin Shin Jyutsu, this technique enables you to harmonize your emotions and nourish your body by holding each of your fingers in sequence. It's a subtle, yet powerful self-help approach that you can practice at any time, no matter where you are. 

A little history 

A Japanese healer and philosopher, Master Jiro Murai, rediscovered this ancient healing practice in the 20th century. He had been led to the Jin Shin Jyutsu healing technique in response to his own health problems, which he had developed from his youth. At the time, he was overindulgent and frequently entered (and won) contests that involved consuming large amounts of food and drink. At 26 he fell seriously ill and doctors diagnosed his condition as incurable and terminal.

Residing in his family's mountain cabin he asked that he be left alone. Passing in and out of consciousness he had visions of masters using hand mudras, which he then began to practice on himself. Having done so for seven days, on his last day he underwent an intense healing experience and from that point on he vowed to devote his life to discovering the connection between the hand mudras and his dramatic recovery.

In his quest to discover more, Murai looked for clues in holy and ancient texts. His search led him to the ancient records of the Kojiki which he recovered from the Archives of the Imperial Palace. These writings were what provided information on the origins, philosophy and techniques of Jin Shin Jyutsu.   

 

The technique and benefits of finger mudras 

While practicing these techniques, keep your hands, arms and shoulders as relaxed as possible. Practice each hand gesture in sequence holding each one for two, slow, relaxed breaths, proceeding to the next position. Once you have completed the eighth sequence, remain in a relaxed meditative state for 10 breaths.

 

1. Exhaling the burdens and blockages 

As illustrated in the diagram, place your right palm facing upward, fingers spread. With your left hand, place your thumb on your middle finger, wrapping the rest of your fingers. Repeat this technique with the opposite hand.

Use: This healing gesture may be used when you have the inability to see well. It is also a great technique to practice when you are feeling frustrated, tired all the time or find it difficult to make decisions. 

 

2. Inhaling abundance

Keep your right hand palm facing down, fingers spread. Place your left thumb finger over your middle finger as illustrated in the diagram, and gently wrap the rest of your fingers. Repeat, this time on your left hand. 

Use: This technique is especially helpful when you find it difficult to inhale deeply. It may also be practiced when you have difficulty hearing, when your eyes or your feet are bothering you, or when you are not as alert as usual.

 

3. Calming and revitalizing

Keep your right palm facing up, draw your ring and little finger close together. Place your left thumb across the two fingers, gently wrapping your other four fingers around. Repeat on the left side.

Use: This is the perfect mudra for nervousness, or any worries to do with the heart. It is also an ideal hand gesture for people who tend to adopt a 'trying to' approach, or for individuals who sufferfrom depression.

 

 

4. Releasing general, daily fatigue 

Place your right palm face down. Draw your thumb, index and middle finger close together. Place the thumb of your left hand over the three fingers, and wrap the rest of your fingers around.

Use: If you are the type of person who feels tired all the time then this mudra is for you. It is a great healing technique for individuals who feel insecure about their finances, work, relationships etc, and is just the thing to practice should you feel or look old. If you get irritated and angry over nothing, this is the mudra for you and it should also be applied by people who tend to worry a lot.

 

5. Total revitalization

With your left hand make a circle with your middle finger and thumb (the palm side of the thumb should cover the nail of the middle finger, as illustrated in the diagram). Place your right thumb between the fingernail of your middle finger and thumb of your left hand. 

Use: Whenever you have an uneasy feeling. It is also beneficial for anyone suffering from complexion problems, may be temperamental or has an uncontrollable craving for sweets.

 

6. Breathing easy

You may practice this mudra with both hands at the same time. Just cover your ring fingernails with the palm side of your thumb.

Use: This is the mudra to practice for anyone with bad skin conditions, or anybody who feels rejected and unloved and may tear up easily. It is also beneficial for anyone who's ears are bothering them.

 

7. Exhaling dirt, dust and grease

Interlock your fingers, extending your middle fingers on both the left and right hand. Both fingers should be touching. 

Use: Practice this finger technique to harmonize the total mind/body.

 

8. Inhaling the purified breath of life

Simply touch the middle fingernails of both your left and right hand.

Use: This hand gesture is also used to harmonize the total mind/body. 

शायद ज़िंदगी बदल रही है !

जब मैं छोटा था,

शायद दुनिया बहुत बड़ी हुआ करती थी..

मुझे याद है मेरे घर से "स्कूल" तक का वो रास्ता,

क्या क्या नहीं था वहां,

चाट के ठेले, जलेबी की दुकान, बर्फ के गोले, सब कुछ,

अब वहां "मोबाइल शॉप", "विडियो पार्लर" हैं,

फिर भी सब सूना है..

शायद अब दुनिया सिमट रही है |

जब मैं छोटा था, 

शायद शामें बहुत लम्बी हुआ करती थीं...

मैं हाथ में पतंग की डोर पकड़े,

घंटों उड़ा करता था,

वो लम्बी "साइकिल रेस",

वो बचपन के खेल,

वो हर शाम थक के चूर हो जाना,

अब शाम नहीं होती,

दिन ढलता है और सीधे रात हो जाती है.

शायद वक्त सिमट रहा है |

जब मैं छोटा था,

शायद दोस्ती बहुत गहरी हुआ करती थी,

दिन भर वो हुजूम बनाकर खेलना,

वो दोस्तों के घर का खाना,

वो लड़कियों की बातें,

वो साथ रोना...

अब भी मेरे कई दोस्त हैं,

पर दोस्ती जाने कहाँ है,

जब भी Traffic Signal पे मिलते हैं Hi हो जाती है,

और अपने अपने रास्ते चल देते हैं,

होली, दीवाली, जन्मदिन,

नए साल पर बस SMS आ जाते हैं,

शायद अब रिश्ते बदल रहें हैं |

जब मैं छोटा था,

तब खेल भी अजीब हुआ करते थे,

छुपन छुपाई, लंगडी टांग,

पोषम पा, कट केक, टिप्पी टीपी टाप.

अब Internet, Office,

से फुर्सत ही नहीं मिलती..

शायद ज़िन्दगी बदल रही है |

जिंदगी का सबसे बड़ा सच यही है..

जो अक्सर कबरिस्तान के बाहर बोर्ड पर लिखा होता है..

"मंजिल तो यही थी,बस जिंदगी गुज़र गयी मेरी यहाँ आते आते"

ज़िंदगी का लम्हा बहुत छोटा सा है...

कल की कोई बुनियाद नहीं है

और आने वाला कल सिर्फ सपने में ही है |

अब बच गए इस पल में..

तमन्नाओं से भरी इस जिंदगी में हम सिर्फ भाग रहे हैं..

कुछ रफ़्तार धीमी करो, मेरे दोस्त,

और इस ज़िंदगी को जियो...

खूब जियो मेरे दोस्त,

और औरों को भी जीने दो |