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Topic : Indian Law
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Indian Laws

 
Industry : LawFunctional Area : India(Markets)
Activity:  506 views;  last activity : 02 08 2011 12:33:37 +0000

The preamble of the Constitution of India provides:

We, the people of India, having solemnly resolved to constitute India into a sovereign socialist, secular, democratic republic and secure to all citizens:

Justice, social, economic, and political;

Liberty of thought, expression, belief, faith, and worship;

Equality of status and opportunity; and to promote among them all

Fraternity assuring the dignity of individual and the unity and integrity of the nation.

BUT, if we see some Acts or Rules framed under the provisions of the the Constituion, we can clearly see the discrimination towards one or the other segment or class of the people of India.

FOR EXAMPLE, there are different sets of service and seniority rules for all India services people recruited through UPSC & State Services Commissions and for the departments' directly recruited staff, and provide that the members of services recruited through UPSC or the SSCs should be treated as confirmed from the date of their selection (even training is yet to follow), and thus place them enblock senior to all the existing promotee officers/officials of the various departments irrespective of whether they would have rendered more than several years (even 10-12 years) of service in that particular cadre to which the UPSC/ SSC selected members are inducted. On the other hand, the Officer/officials coming and promoted through lower ranks are always posted in officiating capacity in spite of availability of permanent posts.

There may be several other instance in the Government of India, where contitutional diregard is openly made in providing social and economic justice, or denying equality status and opportunities to the common man and preferential treatment given to certain selected class of person against the dignity of some other individuals.

Members of the community are therefore requested to bring such instances to the light through this forum.

 
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Top Argument
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nani palkhivala once said in his speech that we have everything in constitution ...but every citizen shud become aware and fight for his rights ..other wise ...
By Ajay Ziz, Dy. Registrar,, University of Jammu  08 30 2010 11:48:48 +0000
 
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No, in my views the constitution only proposes, but not guarantees. However, where the constitution proposes, the law makers, who are all from the cadres recuited directly through UPSC, dispose of at their own whims and fancy to favour their own class of direct recruits to prove "Birds of a feather flock together".

You can't see any promotee to have been made to rise to the highest posts in any department of the Government of India. Even in making short term local arangements on the higher posts only those direct recruit people, although with negligible experience in the department, are posted to man the posts, as against the eligible promotees having several years of experience on various positions in the departments.


By PS Dhingra, CEO & Vigilance & Transformation Management Consultant, Dhingra Group of Management & Educational Consultants  08 29 2010 04:20:27 +0000
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Absolutely a NO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Constitution has been ammended with only short temr goals as winning the next elections. We are supposle to be having fair and reasonable governance but in reality we are a society by the VIPS for the VIPS and of the VIPS. These so called servants of people are spending tax payers money on their security to protect themeselves from whom? The People of the same country and they take pride in flaunting the type of security they are getting!!! Is'nt it a contradiction? Our constitution is fractured with politically motivated paeadoxes governing the states. Nobody is ready to address the pressing needs of the hour faced by our nation and fail to see the larger picture.
By SACHIN KORDE, Business Head, KAMAL AUTO  | 08 30 2010 18:52:29 +0000
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As per if you go by books they do guarantee, but bringing this into action is what the major hurdle is, proposals are made long ago, but the people who have made such proposals are sitting and doing nothing about it. And Mr. Dhingra this will be one sided debate, I believe most of the comments will be on the no side.


By Darshana Sawant, HR Manager, Leading IT services company  | 08 30 2010 10:49:17 +0000
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Thanks for your response, Dhingra Sir.

& thanks for your views for this debate & past debates, from which I got useful

information.

Keep posting, Sir.


By SHRIKANT MANOHAR DANKE, Consultant, Project Management Consultancy Firm  | 02 08 2011 10:16:58 +0000
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A big no. In the name of social justice, the Govt. itself promoting discrimination. Merit is being killed in this ugly veil. The reservations are are originally been created for uplifting a section of deprived class. This has become a big political weapon. Now people are asking for opportunities on pro-rata ratio of population. Equality and Socialism is a big trash. The poor becoming poorer and the rich becoming richer.
By Srinivas suravajhala, Secretary to the high ranking police officer, Law Enforcing Agency  | 02 08 2011 09:59:49 +0000
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Dar Shrikant,

Your observation is very correct.


By PS Dhingra, CEO & Vigilance & Transformation Management Consultant, Dhingra Group of Management & Educational Consultants  | 02 08 2011 09:33:37 +0000
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A simple answer is..... No.


By SHRIKANT MANOHAR DANKE, Consultant, Project Management Consultancy Firm  | 02 08 2011 07:17:13 +0000
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Indian Constitution by ambedkar and banking constitution by RBI is drafted in such a way that a rich man can make money and can live on all hurdles and poor will remain poor with millions of hurdles in his life. 


By Britworth , Freelancer, FMCG/Foods/Beverage  | 09 07 2010 05:55:47 +0000
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Dear Ajay,

You need not degrade yourself. I also had not posted my comments with reference to your post with any intention to hurt you even slightly. I have just brought the facts before the audience. About the Parsi drummer, who would have narrated the saying of Nani Palkhivala, naturally, he would praise his own community man without weighing the pros & cons of the practicability of the saying, as Nani himself belonged to his Parsi community.

But, one thing, of course is a must, when we use or quote any such saying or speech, we must have to weigh the pros & cons of that and the circumstances in which that speech or saying was made. Otherwise, it would be a sheer example of 'reading between the lines' by ignoring the hard facts. That is what is happening in the Government of India and even the educational institutions. I would like to quote one instance of a University also, where a student of Master level was awarded 'F' Grade (Fail) in an assignment by the examiner, clearly quoting the reason that the student used his own research for preparing solution of assignment instead of using the module taught in the classroom. So, even in the Master level education, academics also do not want to go beyond their stereotype methods and styles. 


By PS Dhingra, CEO & Vigilance & Transformation Management Consultant, Dhingra Group of Management & Educational Consultants  | 08 31 2010 07:18:33 +0000
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dhingra sahib .. i heard from a parsi( 1 time drummer with a rock band ) that nani has said this !!i am a mule ..ignorance is bliss !!
By Ajay Ziz, Dy. Registrar,, University of Jammu  | 08 31 2010 06:33:20 +0000
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Mr. Ajay may like to see my detailed comments below about the speech of Nani Palkhivala.


By PS Dhingra, CEO & Vigilance & Transformation Management Consultant, Dhingra Group of Management & Educational Consultants  | 08 31 2010 05:41:30 +0000
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Often we quote the speeches of the high dignitaries and politicians, but we forget that these people just get benefitted from out of these flaws of the laws or the constitution. These speeches are only of the academic use, but not practicable. They can make speech only, but practically fail to bring the intricacies of the jurisprudence to the knowledge of a common man or to remove the flaws. A jungle of laws is created and dumped in the books, but nobody, even the Government, thinks to make any arrangement to bring them to the knowledge of the common man, what to say of becoming their aware of the intricacies.

The intricacies of laws are such that even at all the times one or the other person may unintentionally be found violating some or the other provision of the law. A person (common man, not dignitary) comes to know only when he is caught or is framed intentionally and the authorities try to make the case so airtight that a common man cannot think of coming out of that honorably. For example, the Government has made several Rules and Procedure books fo several different departments, but don't distribute these Rule books to the working class, rather, one can find these books, either swallowed by white ants or becoming obsolete and auctioned at the dumping store depots of the Government making the public money totally waste.

On the other hand, Government has opened several premier institutions for 2 years full time training of UPSC direct recruit Probationer Officers spending lakhs of rupees per such trainee with several other facilities, but when it comes the turn of any departmental class-III or Class-IV employee (even Class-II employee) he has to spend his own earned leave at his own cost for the preparation of some promotional departmental examination with no such arrangement for their learning of Rules and regulations of even their own organization, what to say of the other provisions of law.

So, where the question arises for getting every citizen aware of and fight for his right.

But, still those direct recruits do not care to acquire the knowledge at the cost of the Government during all those two years.

I had an example, when early in 1990s, during my tenure as a training coordinator of a class of allied services officers, a lady probationer used her probation period to rear up her new born baby in full knowledge and facilities provided by the Director and the Additional Diector of the concerned Staff Training College, and the other was not aware of even the natue of leave admissible to her in spite of having trained in those rules.

I saw one more disgusting instance, where a high ranking officer specifically instructed in my presence the whole of the visiting batch of the probationary officers 'NOT TO TRUST PROMOTEES AT ANY COST', when they fully knew that they mostly depend upon the work of their subordinates.

So, what sort of equality we can expect from such type of officers of the Government of India.

With due apology to the noble soul of Nani Palkhiwala, Mr. Ajay may like to know that Mr. Palkhvala, could make huge earning only out of the loopholes in the juisprudence. He remained quite beyond the reach of a common man, for whom even no arrangement has ever been made to make him known even the ordinary provisions of the law and rules & regulations. Only the affluent society made use of his knowledge of the discriminating legal provisions.

If Mr. Ajay likes to know the background of Nani Palkhivala, when on application, he failed to get a job as a lecturer at Bombay University, he tried to obtain admission to institutions of higher learning to further his academic career. But, being late in the term, most courses were closed, and he had to enrol at Government Law College, Bombay, where he discovered that he had a GIFT for UNRALELLING THE INTRICACIES OF JURISPRUDENCE. (Quoted from Wikipedia).

So, even Nani Palkhivala, whose speech has been referred, used those intricacies to serve his own interests.


By PS Dhingra, CEO & Vigilance & Transformation Management Consultant, Dhingra Group of Management & Educational Consultants  | 08 31 2010 05:35:21 +0000
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I really hate to say this, but Indian constitution though having all the tools to amend but is falling short of it, so I don't see India providing the same equality here. Media just highlights these issues but does nothing. And also people they just think its not them who will bring the change, they want the system to change by itself which is a distant dream.


By Meena Deshmukh, Product/Brand Manager, Videocon Inds  | 08 30 2010 12:29:12 +0000
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I support Mr. Dhingra here, that Indian constitution that though proposals are made there is nobody who is taking care of, there is no accountability by the Indian government here and the common man has been left out and the rich are getting richer and poor  even more or the number is getting more as we can see the percentage of BPL(below poverty line) increasing like anything.


By Purvi Ghosh, Marketing analyst, Percept Advertising  | 08 30 2010 12:03:04 +0000
 
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