Basic Structure - shailendra Awale by WA


Basic Structure, of an institution or constitution, always considered sacrosanct, cannot be touched.  In a democratic polity the constitutional framework serves as protection of the stated rights,  a sort of insurance coverage. If you are paying the premium as a part of the government system or a party in power, you are protected. Not a long time ago,  while speaking in Dehradun, Chief Justice Chandrachud had underlined that in a democracy, majority will have its way, but minority must have its say. He further added social harmony in a democracy should not be achieved by flushing out dissents. Quite a toast of the day. But in real life politics, the first part is the core, laws are formed, changed and repealed by a majority. So they will always say. But natural for a democratic institutional set up from parliament,  executive or election commission or the judiciary will present vibrancy of a rainbow of majoritarian set up and identity.
Minority will be provided a say, an extension of the goodwill or a promise from a large hearted majority who has a way.
In Ram Mandir Judgement, the supreme court held that demolition of vivadit dhancha aka Babri Masjid till the day was an egregious violation of the rule of law. So the best ‘way’ forward is to handover the land in question to a party to a party who were part of the demolition squad and a part of the majority of the democratic polity. A charitable court using her special power asked the government to allocate the land to the minority to have their place of worship. No wonder it was a political agenda, project and a promise of the party in power, with a comfortable majority.

Again the Supreme Court in the case of Article 370, recognises the rights of the president, elected by a majority in democracy, to pass an order, abrogating an article 370, a solemn promise to minority who are a majority in State Jand K then. The president decides and passes an order without any consultation or recommendation from the state. What a power sir jee. Yes, CO 272 had overstepped, but had no bearing on CO 273. If the Executive or Solicitor General were aware of such power entrusted to them, they would not opt for circumspect process. Now not just a window, a door is open for them to present alternative vision abiding the law making process by issuing CO. Was it not an agenda of the party in power or their promise to their majoritarian followers?
So the court can decide the way between two fronts of the majority party. Minorities can approach the court to have their say, and  listen or adhere to the way forward.
Yes, the basic structure is sacrosanct, like  federal polity, fundamental rights, etc, but the majority will always have Super Express Way in a democracy.

‘Two attacks a day’: Why India is one of most dangerous places for Christians https://efe.com/en/other-news/2023-12-14/two-attacks-a-day-why-india-is-one-of-most-dangerous-places-for-christians/ 14 December 2023 A report released on Thursday by an advocacy group said Christians in India faced at least two attacks daily, shedding light on the alarming rate of violence against religious minorities in one of the most dangerous countries on the planet for Christians.

From January to November 2023, the United Christian Forum (UCF) said it had received reports of 687 incidents of violence against Christians in 23 states of India.

सुरक्षा पर चर्चा माँगी तो मिला निलंबन | 15 MPs suspended over Parliament security debate https://www.youtube.com/watch?v=da7E5NiUXPw 15 MPs have been suspended from Lok Sabha and Rajya Sabha. All these MPs are from the opposition and were demanding a statement from the Prime Minister and the Home Minister in the House. Such a big incident has happened, should the Prime Minister and the Home Minister not give a statement? If there was a threat to the lives of MPs, then why was there so much objection in responding? MPs say that one of the MPs who was suspended was suspended even though he was not inside the House. However, news of many lapses in the security of Parliament is coming to the fore and in the name of fixing responsibility, the opposition continues to be cornered.

What helped two men dodge layers of security inside Parliament House https://indianexpress.com/article/explained/what-helped-two-men-dodge-layers-of-security-inside-parliament-house-9067409/
A senior police officer confirmed that a meeting was conducted and discussions were held to increase deployment, but said it was not connected to Pannun’s threat. Over the past month, Delhi Police has increased deployment from 250 personnel to 300

संसद सुरक्षा पर सवाल पूछने पर 15 सांसदों का निलंबन? इतना डर बीजेपी ? | Abhisar Sharma https://www.youtube.com/watch?v=KucI-TggrGg

Parliament Security breach : अमित शाह और मोदी मौन, 15 विपक्षी सांसद सस्पेंड ? Ajit Anjum https://www.youtube.com/watch?v=q0cLP1xYu0Y   Attempts to link the intruders to Congress or Left  or even "certain youtube jounralist.

Today's News items :

The Centre informed the Lok Sabha on Monday that there is no proposal to consider restoring the Old Pension System (OPS) for its employees.
It also reiterated that the law does not permit refunding the back-accumulated money of employees to the State government in case of going back to OPS.
“There is no proposal under consideration of the Government of India for the restoration of the old pension scheme in respect of Central Government employees recruited on or after 01.01.2004,” Minister of State in the Finance Ministry Pankaj Chaudhary said in a written reply in Lok Sabha. However, he admitted that Representations have been received from time to time, which include the request for the restoration of the old pension scheme.
-Business Line

Against an aggregate loan write-off of Rs 10.42 lakh crore, PSBs have recovered just Rs 1.61 lakh crore from written-off loans, since financial year 2014-15. PSBs could not recover even Re 1 as against Rs 5 written-off during nine fiscal years starting 2014-15, data presented in the Lok Sabha on Monday showed
-Business Line

Any move by states to shift to the old pension scheme (OPS) would raise their fiscal burden by 4.5 times their expenditure under the NPS retirement benefits, according to the Reserve bank of India estimates made in study of state government budgets. “Internal estimates suggest that if all the State governments revert to OPS from the National Pension System (NPS), the cumulative fiscal burden could be as high as 4.5 times that of NPS, with the additional burden reaching 0.9 per cent of GDP annually by 2060” said the report titled “ State Finances: A Study of Budgets of 2023-24” released on Monday.
-Economic Times

Government lost Rs 1 lakh crore in taxes in FY'21 due to corporate tax cut, says MoS Finance  https://economictimes.indiatimes.com/news/economy/finance/government-lost-rs-1-lakh-crore-in-taxes-in-fy21-due-to-corporate-tax-cut-says-mos-finance/articleshow/102544590.cms  

In February, the Minister had informed Parliament that the revenue loss in 2019-20 fiscal due to reduction in corporate tax rate from 30 per cent to 22 per cent was Rs 1,28,170 crore.

As per the corporate tax collection data shared by Chaudhary, in fiscal 2022-23 the provisional revenues stood at over Rs 8.28 lakh crore, higher than over Rs 7.12 lakh crore in 2021-22.

Read more at:
https://economictimes.indiatimes.com/news/economy/finance/government-lost-rs-1-lakh-crore-in-taxes-in-fy21-due-to-corporate-tax-cut-says-mos-finance/articleshow/102544590.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

India's Top Jurist Fali Nariman Decodes The Supreme Court's Article 370 Verdict https://www.youtube.com/watch?v=WrooFxo6hTI  India Today Dec 12, 2023
Eminent jurist and constitutional expert Fali Nariman voices his concern over what he describes as an 'incorrect appreciation of the Constitution' by the Supreme Court. He suggests that it should have followed the procedure stated in Article 368 of the Indian Constitution instead of Article 370, Clause 3.

India's medical system will collapse soon.  https://www.youtube.com/watch?v=K8KMjQ1bo1o

Coment by MM: not only hospitals but even even educational system has become completely commercial Which once upon a time used to know & excepted as ethical areas . But not any more .
Simple thing even in a morgue a dead body will not be deliver unless brib is paid. Reason
आपका आज कोई मरा है हमारा तो ये रोज़ का काम है —but this happens in government runs hospitals.
But extracting money from needy & emotionally drained down vulnerable people- it’s most harsh , unethical,
non -sensitive , ugly & horrible treatment . 

 The impacts of corporatisation of healthcare on medical practice and professionals in Maharashtra, India Shweta Marathe SATHI-CEHAT, PUNE February 2020 https://www.researchgate.net/publication/339204098_The_impacts_of_corporatisation_of_healthcare_on_medical_practice_and_professionals_in_Maharashtra_India

https://mailchi.mp/4f373a8b0b42/hindus-for-human-rights-celebration-of-hope-gala-10140756?e=92f3be0cc3

HfHR Caught in Crosshairs of Disinformation Campaign by the Indian Government
https://www.washingtonpost.com/world/2023/12/10/india-the-disinfo-lab-discredit-critics/
We are highlighting this critical Washington Post exposé that demands your attention. Uncovering a right-wing platform's systematic efforts to silence anti-Hindutva voices, this report provides an in-depth look at the challenges facing organizations like Hindus for Human Rights. This revealing piece not only sheds light on the systematic smear campaigns, intimidation tactics, and fruitless attempts to silence voices against Hindutva ideology, but also underscores the growing discomfort of the Hindu right towards advocates of peace and human rights.

Letter to the U.S. Senate on Transnational Repression
https://www.hindusforhumanrights.org/en/blog/yyhkx1xnid76cs6k0n25z6gnytdpyf

Secret Indian Memo Exposes a Covert Crackdown Against Sikhs in North America
https://theintercept.com/2023/12/10/india-sikhs-leaked-memo-us-canada/
In an alarming revelation, The Intercept's latest article (https://theintercept.com/2023/12/10/india-sikhs-leaked-memo-us-canada/) exposes a secret Indian government memo detailing a crackdown on Sikh diaspora organizations. This significant piece provides evidence that, if validated, proves that the Indian government targeted specific activists, including the Canadian Sikh Hardeep Singh Nijjar and could confirm the stunning announcement made by Canadian Prime Minister Justin Trudeau in late September.

Are India’s Elections Free and Fair?  https://thewire.in/politics/are-indias-elections-free-and-fair M.G. Devasahayam  11-12-23

aggressive mind management and media manipulation in Indian elections. This perception, however, is not solely attributed to Electronic Voting Machine (EVM) doubts but also underscores deeper issues within India’s flawed electoral system, particularly the First Past the Post (FPTP) system

After the election, the Association for Democratic Reforms and Common Cause moved the Supreme Court, challenging the validity of the low mandate, alleging that there had been serious discrepancies between the number of voters in different constituencies and the number of votes counted. These discrepancies, totalling 739,104 votes, were in 347 out of 542 constituencies and range from one vote to 101,323 votes, amounting to 10.49% of the total votes. The case has not even been listed so far, and there has been no response from the Election Commission (EC) on the allegation of fraud in India’s electoral system.

The main issues :

The EVM issue

Integrity and inclusiveness of the electoral rolls

Electronic voting [EVM/VVPATs] and its compliance with democracy principles

Criminalisation, money power, and electoral bonds

Scheduling and processes of elections and compliance of Model Code of Conduct

The role of media

EC’s autonomy and its functioning before, during, and after elections