Joe,
My first disagreement ( and understanding ) is that : when you say GoI acted in an 'Illegal' manner, its merely your Opinion, lets say, that your 'interpretation' of what the legal framework implies.
Would you find it more palatable if I re-phrased it and said that the Government of India acted in direct violation of a Court Order? That is not illegal, except that it attracts contumely of court, it is contumacious, if you know what I mean.
This is not interpretation; it is bare fact.
If You have 'ALREADY' declared something illegal, well, you have taken sides. Which is fine, but its biased. It somewhat negates a neutral view point and restricts a broader search for possibilities.
Having said this, You are not better than GoI or, Harish Salve, who are make the very same 'interpretations' to their own benefit.
I have not declared something illegal in a vacuum, or as a matter of personal opinion, I am relying on a court judgement. Please tell me, what is more weighty than that?
Thus, for an 'ordinary' man like me, I feel, You both ( Mr. Joe and Mr. Salve ) are merely making 'interpretations' which suit to your own 'agenda' respectively.
Excuse me, may I again reiterate, there is no interpretation involved.
You do realise that once a judgement has been made and declared, one can go on appeal against it if it is a judgement by one of the junior courts, but there is no appeal if it is the Supreme Court, except an appeal sought to be heard, by the consent and cooperation of the court, by a bigger bench.
I hope you understand the consequences of flouting court orders. It brings crashing down the entire edifice of law and order and leaves us to the kind regard of vulgus mobile.
I hope you also realise that there are certain actions that cannot be taken even by a majority in parliament that would normally - NORMALLY - be sufficient to amend the constitution. Even amending the constitution is subject to judicial review; if the proposed statute, or the promulgated statute violates the 'basic structure of the constitution', as has already passed into law, it is liable to be struck down. Laws have been struck down on that basis.
You may notice that the relevant two resolutions in Parliament - by now you must have dredged them up and read them - were neither of them positioned as amendments to the constitution, as such an important measure should have been, and you will now understand why this was not done, and instead a simple vote was preferred.
Whoever, When i listen to Mr. Salve, he presents a counter argument ( which are valid along provisions of the constitution , which is why im inclined to believe that his 'interpretation' may well be valid in the court of law.
Please follow the logic.
So I say something is not possible because it contradicts an existing judgement.
Mr. Salve says something is possible and offers an alternative.
You read (or hear) the two, and decide that the contradiction of the judgement is an opinion, and Mr. Salve is offering what is also an opinion, but one that is 'more' valid.
I need some help on these arcana. When I say something, it is an opinion; when Salve says something, it is an opinion that might well have weight; when someone looks at the two, and without considering the legality involved, decides for one over the other, coincidentally, the one that suits that third person's point of view, that is an opinion that invites an inclination.
<sigh>
One thing that I have definitely learned is, refrain from using the term 'illegal'.
Ah yes, so much for courts of law, for statutes, for procedures; what is illegal is never to be touched upon, all is a mystery until - actually, until what? It seems that even a court of law, the highest court of law, is also not equipped to say what is legal and what is illegal.
Nothing is legal or illegal, its merely legal or legal on/in that particular day/hearing of observation when it comes to Supreme Court of India. It may change the very next day and it has happened and will happen. So, Whats legal today may be illegal tomorrow in the court of law.
Really? One example, please.
This is a frequent Phenomenon.
One that you have succeeded in dumbfounding me with. Congratulations. I rather like the question of legality being like an electron, only bound in place, or only released by an opposing charge being applied or removed. So legality, we now learn, is bound in place by the opinion of the day.
Just my curiousity, and please feel free not to answer - are you a STEM graduate?
Regards,
~Pajeet
Sorry for the late reply.
office time.
Please Excuse me. i will reply as soon as I get time.
~ Pajeet
Now that I am cautioned, I will finish cooking and sweep and swab the house - see how much superior Salve Sir is, to me? - and expect your answer only when I receive your answer.
Best wishes.