Joe Shearer
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If you and me do it, it is criminal.
BUT
If PM of a country uses his power to do it, it's an executive decision.
I have seldom come across such ignorance.
There is no provision for executive overturn of a judicial decision. Ask a lawyer or a political science authority who has even an elementary familiarity with the constitution. The Prime Minister certainly has no authority to go contrary to a court decision, and the higher body, the Cabinet, also cannot do anything about it.
Only Parliament can, and that too within the framework of the 'broad structure of the Constitution'. Any legislation beyond that can, and has been struck down by the Supreme Court.
That's why I gave the Shah Bano case as example.
Was Rajiv's decision on shah Bano case criminal as well? Definitely it went against the SC.
So, what's Locus stand on this?
You need to brush up your knowledge.
A bad, downright ignorant example.
The Shah Bano case constituted an appeal to the courts by a Muslim woman. The courts found for her, and against the principles of Muslim Personal Law. Those who had vested interests in Muslim Personal Law then started agitation. Rajiv Gandhi then took to the legislative route, NOT the executive, to counter the court's decision.
Read this again: THE MINISTRY PASSED LEGISLATION AFFIRMING THE DEMANDS OF THE MUSLIM LAW INTERPRETERS AND AGAINST THE SUPREME COURT JUDGEMENT. IT DID NOT TAKE EXECUTIVE ACTION.
It is astonishing how little you know and what broad, sweeping assumptions you make based on that little knowledge.
NOPE...you are wrong. Executive decision can be challenged but can not be criminal.
In this case, it was not executive action, it was an action by a politician through clandestine channels, it was not an ordinance or a government order, it was the highest executive authority pressurising the local executive authority to break the law. It was downright criminal.
Executive decisions can be challenged and have been challenged. The Bofors case is a case in point. The executive decided to purchase an excellent gun, but there were constant rumours of irregular financial transactions. When these were investigated, not by the government machinery, but by private investigators and by journalists, the rumours turned out to be embarrassingly close to the truth. The ministry fell because criminal prosecution along with impeachment in Parliament was imminent.
The same thing happened with the coal allocations with UPAII.
We can keep debating on this but you can not prove me wrong, unless there is an FIR or a case against Rajiv on this - which you don't have.
So, all you have is talk and your position of what's right and what's wrong than a constitutional position.
If you had even the slightest knowledge of the position of the Constitution on these matters, and if you had a sound grasp of the events, you would know, first, that the action taken was clandestine, second, that it was in defiance of the court, third, that the executive even acting officially is not immune from prosecution, fourth, that Rajiv Gandhi and his government not facing criminal proceedings does not in any way affect the criminality of the proceedings.
I am not going to spoon feed you on this as this is a side track to our main argument.
if you want to know the british court's judgement on this, kindly do some research.
In other words, you are wrong, you know you are wrong, and you do not want to admit it in public. That's all right, that is true of your entire position.
Actually, the opposite is true - especially if we go by SC judgement.
Again you are alluding violence to a position taken by me and you have the moral courage to give my posts negative rating!!
Actually the way I see it after the recent SC judgement awarding the land to Ram Lalla is that your position of denying a section right to worship is - Criminal.
The Supreme Court adjudicated on the ownership of land. It did not retrospectively condone - it could not have condoned a breach of the law - all the breaches of law that the partisans who were out-of-court supporters of the Hindu litigants committed. Giving a small portion of the land - about one-third - to Ram Lalla does not mean that the previous breaches of law and order were justified. Ask any lawyer.
And my position is that no section has a right to worship after breaking the law to acquire that law. Then there would be no more law left, as is exactly the position according to bhakts: that religion, the majority religion, supersedes law.
I am not a pseudo Liberal. I meant exactly what I said.
All you are, far from being a liberal or a pseudo-liberal, or even remotely associated with liberal ideals and notions, is what you confess you are: a proud Chaddi Sanghi Bhakth. Everyone recognises that, and your arguments reinforce that.