To claim that “the constitutional order/morality requires institutional leadership of constitutional courts” and “the responsive participation of the citizenry” is tantamount to saying that public morality flows from the Supreme Court and citizens merely “participate” by complying with the judiciary’s definition of morality, instead of the Court acting only as a check on the State’s arbitrary use of public morality. The standard of proof beyond reasonable doubt could not have been applied.”emphasis supplied).”, While continuing in the same vein, the Bench then further points out in para 19 that, “The failure of the respondents to cross examine the solitary eyewitness or confront him with their version, despite adequate opportunity, must lead to an inference of tacit admission on their part. He hailed from a different State and lived in a faraway place. Keeping the morality of the constitution or preserving, perfecting, and perpetuating it, has evolved as the greatest challenge for the contemporary States in the twenty first century. Likewise, the award can be issued through email by sending scanned signed copies. Honorable Governor of Kerala Mr. Arif Mohammad Khan has signed this ordinance pertaining to implementation of Section 118A of the Kerala Police Act. Swamiji’s first-hand and acute diagnosis of what ails Bharat and the treatment it needs have always arrested me the most as a layperson. This is by no means surprising given India’s penchant for bad policies and the support base that such policies create on account of vested interests. Articles 19(2), 19(4), 25(1) and 26 make it either expressly or otherwise clear that the power to limit such fundamental rights citing public morality is vested in “the State”. Without constitutional morality, the operation of a constitution tends to become arbitrary, erratic, and capricious. This is what we see play out every year with excess of wheat and rice being produced in the country as the most effective procurement on MSP happens for these crops and cropping decisions are influenced by the price certainty offered by such guaranteed prices. From UPSC perspective, the following things are important : Mains level : Paper 2- Evolution of democracy in India. But we find that the ‘investigation report’ (Exh.2) dated 05.05.2009 merely recites that the registration number of the offending truck could not be ascertained despite best efforts.”, Truth be told, it is then revealed in para 13 that, “At this juncture, we may refer to the statement of Ritesh Pandey (AW-3). The standard of proof in such like matters is one of preponderance of probabilities, rather than beyond reasonable doubt. Given that the Executive and the Legislature have elected members and are therefore presumed to represent the will of the people, the Constitution gives them the right to impose reasonable limits on fundamental rights citing, among other things, the preservation or protection of “public morality”; 2. However, as FCI dumps more and more, especially at prices lower than the procurement price, traders and other buyers will find it cheaper to procure the grains directly from FCI as they will be paying lower than the MSP to FCI for their purchase and will have no incentive to purchase it from farmers. Notions of rationality cannot be invoked in matters of religion by courts. The short answer would be that constitutional morality rejects the transactional view of the constitution; it emphasises processes instead of the eventual outcomes reached. To start with, this latest, learned, laudable, logical and landmark judgment sets the ball rolling after granting leave in para 1 and then observing in para 2 that, “These two appeals, which have been heard through video conferencing, are directed against the judgment dated 23.07.2018 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur whereby the first appeal preferred by the New India Assurance Co. Ltd. (Respondent No. Lastly, Our Constitution is the commitment the drafters of constitution and the people of India took together, to choose and respect their nation, the people and to prudently use the rights and duties enshrined in the Constitution of India. No other question was asked to this witness in the crossexamination. This doesn’t mean I am remotely spiritual or that I have lived up to the values he preached and embodied; it only means that Swamiji’s profound and powerful thoughts are capable of moving even spiritually uninitiated and imperfect individuals. 11.7. Consider the question “Public morality and unelected institution are necessary checks on the elected government not inimical to it. The article examines its evolution in the Indian context. Ritesh Pandey (AW3) acted as a good samaritan and a responsible citizen, and the High Court ought not to have disbelieved his testimony based merely on a conjecture. Issues remain, of course—technology failures, time differences, the challenges of virtual cross-examination, etc. While taking potshots on the decision of Rajasthan High Court, the Bench then goes on to add in para 18 that, “Unfortunately, the approach of the High Court was not sensitive enough to appreciate the turn of events at the spot, or the appellant-claimants’ hardship in tracing witnesses and collecting information for an accident which took place many hundreds of kilometers away in an altogether different State. First, the author of the FIR that is, Praveen Kumar Aggarwal does not claim to have witnessed the accident himself. In a realistic, robust and rational judgment titled Anita Sharma & Ors. The Kerala Police Act is made to administer and regulate the police force in the state. The most important goal of constitutional morality was to avoid revolution, to turn to constitutional methods for the resolution of claims. Not only does Bharat have external challenges, it also faces serious challenges from within its own civilizational weave because those who claim to be its most ardent proponents seek to recast it in an alien mould which could kill the very essence of Bharat. The main objective of introducing this amendment into the Kerala Police Act is to overcome with the problem of false allegations made through the social media platform which obviously harm the liberty & dignity of the individuals. However, it still offers an avenue to the sellers as well as purchasers to transact as prices are determined to some extent by market mechanics. The evidence of Umed Singh cannot be disbelieved just because he did not file a complaint himself. As you read these selections by several of the men who helped frame our Constitution and Declaration of Independence, you’ll see […] The situation of the Institutional Arbitration is very critical in India even after the reluctant efforts being made by the Government to attract the international parties. In every lecture of his, Swamiji cautioned against the eviscerating and patronising use of Vedanta to submerge all other traditions as being less evolved and primitive which seems to be the fashionable trend these days among the elite. He was a man of integrity and a God-fearing leader. But Rajendra Prasad assured the Assembly’s members about the raw political wisdom of the average Indian as also the strength of the other institutions to safeguard the democratic process. The new phrase ‘freedom of expression, faith, and worship’ was added to the Nehru’s Objectives Resolution. The High Court has failed to appreciate the legal effects of this absence of cross examination of a crucial witness.”. IX, p. 401, to Zabdiel Adams on June 21, 1776.) It is specifically mentioned that all the injured were taken to the hospital for treatment where Rahul Singh @ Chottu Singh passed away whereas Sandeep Sharma was referred to BHU Varanasi for treatment. What most people do not realise is that it is this propensity of Bharat for spiritual innovation that the framers of the Constitution were aware of, which explains the language of Article 26 of the Constitution that recognizes the fundamental rights of “every religious denomination or any section thereof” to manage its own religious affairs subject to public order, morality and health. The Hon’ble Supreme Court while upholding and denying the Preamble as part of Constitution , also added that Preamble is not the derivation to prohibit the power, which is stated in the Constitution and held that Preamble is not enforceable in the Hon’ble Courts. The Hon’ble Supreme Court rejected the judgement given in the Berubari Case and held it to be erroneous while deciding an issue of utmost importance in Constitutional law. It is necessary to reiterate the independence and benevolence of AW3. the rejuvenation of Bharat as a living civilization which still has a lot to offer to the world. Gandhi’s greater … According to Kerala Government, the existing laws are not sufficient to overcome with this problem and after struck down of section 66A of the Information Technology Act and Section 118(d) of the Kerala Police Act by the honorable Supreme Court, such ordinance was in dire need to be implemented. Therefore, according to him, it was no one else’s business to sit in judgement over a sampradaya. The ordinance was later on challenged, despite the assurance given by Honorable Chief Minister of Kerala that the provision of Section 118A would not be implemented. This would mean that not only farmers get mere pittance for his produce, the government also does not generate any revenue. However, it cannot be used to emasculate the discretion and prerogative constitutionally vested in the State to define public morality by virtue of it being an elected body. 4010-4011 of 2011 [Arising out of Special Leave Petition (C) Nos. Constitutional morality is important for constitutional laws to be effective. arrogation of power in the hands of an unelected body which takes upon itself the task of fashioning public morality in the name of resisting majoritarianism; the use of public morality in other jurisdictions to curb fundamental rights, and its treatment by their judiciaries; the relationship between judicial autonomy, independence, accountability and their impact on public morality; and. There is nothing to suggest that the witness had any business dealings with the deceased or his family. As excess stocks pile up, the financing, storage and other logistics cost goes up. Long-standing reliance on those technologies for procedural conferences, positioned international arbitrations well, to dive into the deep end of fully-remote proceedings. The words jumped onto the national discourse in recent days with a series of landmark judgments by the Supreme Court. We hold accordingly.”, Finally, it is then held in para 26 that, “In light of the above discussion, the judgment under appeal of the High Court is set aside and the appellants are held entitled to compensation as awarded by the Tribunal, besides 40% addition in the annual income of the deceased towards ‘future prospects’. Therefore, even a single institution can constitute a denomination in itself under Article 26, which is perfectly consistent with Swamiji’s Vedantic take on spiritual diversity. Specifically women or transgender community has faced lot of harassment through social media platforms. Hence, it is highly likely that the name of Ritesh Pandey or other persons who accompanied the injured to the hospital did not find mention in the medical record. India’s democracy, as envisaged by the makers of its Constitution, thrived essentially because of the respect of the leaders for ethical constitutionalism and moral activism of the grassroots activists. The whole story of Section 118-A of Kerala Police Act took a very short span of time to get settled. “Compliant participation” sounds like an oxymoron no matter how eloquently it is couched and postulated. A long pending reform which was also a part of manifestos of Congress – the principal opposition party- and Bhartiya Kisan Union – the principal constituent of ongoing protests and had a near-unanimous approval of all policy makers and economists seems to find no backers as the discourse has turned completely emotional. As stated earlier, when the State arbitrarily or summarily invokes public morality to curb fundamental rights, that is the point when the role of the judiciary becomes relevant i.e. It is likely that once MSP is made a legal right such procurement will only increase in terms of quantities procured but will still fall short of covering any meaningful section of the farmers. However, such frivolous proposals were rejected in the CAD. While the contents of the FIR as well as the statement of Ritesh Pandey (AW3) leave no room to doubt that the injured were taken to the Hospital by private persons (and not by the police), it is quite natural that the police would also have reached the Government hospital at Ghazipur and therefore, it was mentioned that Sandeep Sharma was brought in by SI Sah Mohammad.”, Needless to say, it is also then rightly added in para 16 that, “It is commonplace for most people to be hesitant about being involved in legal proceedings and they therefore do not volunteer to become witnesses. The honorable court recorded the submission made by state Additional Advocate General KK Ravindranath that there will be no adverse action, registration of first information reports or suo moto cognisance based on the newly-introduced amendment to the state Police Act. Bench of Chief Justice S Manikumar and Justice P Chaly took up the petitions and held that no adverse action on the basis of this section would be taken. It is the demand to make MSP a legal right and criminalize any purchase of agri-produce even outside government mandis. The concept of Constitutional Morality is present in the constitutional scheme, particularly in the Preamble, Part III (fundamental rights) and Part IV ( Directive Principles of State policy ). Institutional arbitrations especially, are known to be better equipped with their own set of procedural rules that ensure uniformity and a definite structure for conducting arbitration proceedings while also maintaining party autonomy and flexibility to model the procedural rules as per the convenience of the parties and the arbitral tribunal. As written in the provision “injury to the mind”, but nowhere the definition of injury of mind is mentioned. Constitutional morality is important for constitutional laws to be effective. The third element of constitutional morality is its suspicion of any claims to singularly and uniquely represent the will of the people. Even such limited procurement leaves FCI with a massive surplus of coarse grains. However, with even greater quantities of stocks piled up, FCI will be forced to dump even more and the price will get further depressed. While returning from Ghazipur to Varanasi, a truck which was being driven rashly and at a fast speed, struck against the car and then sped away towards Ghazipur. The Preamble of our Constitution imparts to constitute India into a Sovereign Secular Democratic Republic and vows to secure to all its citizens Justice, Liberty and Equality while assuring the dignity of the individual and the utmost unity and integrity of the Nation. It is to conclude that, after pointing out the constitutional validity of this particular amendment on the grounds of unreasonable restriction to free speech and expression, it has been decided by the Government of Kerala to withdraw this provision from Kerala Police Act. So, while a seeker can choose from an array of options presented by Dharma, once the choice is made, the goal must be to live up to it and not dumb it down. It will be akin to tax payers money effectively going to fill the coffers of private and rich individuals who will be able to procure agri-produce at prices much lower than the legitimate price even as farmers are left high and dry. The only foundation of a free constitution is pure virtue. While the Tribunal believed Ritesh Pandey (AW3) and accepted the claim petition in part, the High Court, for the reasons which are already briefly noticed, has disbelieved him on the premise that the deceased was brought to the hospital by SI Sah Mohammed and not by Ritesh Pandey (AW-3). The New India Assurance Co. Ltd. & Anr. I believe so because Swamiji’s Vedantic worldview exhorts us to put faith in ourselves first and to realise that all knowledge and divinity are within us and are merely waiting to manifest. To encourage the dispute resolution through arbitration there is need to promote institutional arbitration in India. For the latest news Download The Daily Guardian App. Swamiji’s first-hand and acute diagnosis of what ails Bharat and the treatment it needs have always arrested me the most as a layperson. However, the contours and exceptions to data confidentiality under section 42A remain unanalysed, and the governing regulations of the data security protocols for the ACI are yet to be notified. Although he was discharged on 16.04.2009 and brought back to Rajasthan, it appears that Sandeep kept experiencing one after another medical complications, and remained hospitalized at the Jain Hospital in Jaipur and later the Joshi Nursing Home at Sikar. The Tribunal rightly relied upon his statement and decided issue No. The governor of Kerala has exercised the power given under article 213(2) (b) of Indian Constitution, which empowers the Governor to anytime withdraw the ordinance. Without any personal interest or motive, he assisted both the deceased by taking him to the hospital and later his family by expending time and effort to depose before the Tribunal.”, Without mincing any words, the Bench then while airing its unhappiness over the Rajasthan High Court’s judgment in this matter goes on to observe in para 17 that, “It is quite natural that such a person who had accompanied the injured to the hospital for immediate medical aid, could not have simultaneously gone to the police station to lodge the FIR. Constitutional Morality in a pluralistic society and secular polity would reflect that the followers of various sects have the freedom to practise their faith in accordance with the tenets of their religion. Close to the facts of the case in hand, this Court in Parmeshwari v. Amir Chand (2011) 11 SCC 635, viewed that: “12. However, given the fiscal and logistical constraints, only a small fraction of the produce is purchased that benefits only few farmers (approximately 6-7%), primarily concentrated in Punjab and Haryana. APEIROGON TECHNOLOGIES PVT. Comment.”. However, it poses its own challenges, including for proper implementation of the virtual model keeping in mind the privacy and confidentiality. The statement of AW3, therefore, acquires significance as, according to him, he brought the injured in his car to the hospital. He has deposed that he was travelling in his own car on the date of the incident on the same route when the owner-cum-driver of the Wagon R car carelessly overtook him at a very high speed. We ask students to login via google as we share a lot of our content over google drive. Second, it appears from the illegible part of the FIR that the informant had some closeness with the owner-cum-driver of the car and there is thus a strong possibility that his version was influenced or at the behest of Sanjeev Kapoor. Contrarily, the statement of AW3 does not suffer from any evil of suspicion and is worthy of reliance. In this article, you can read all about the term, its meaning and significance for the IAS exam. The Constitution defines the roles and responsibilities of the government and regulates the relationship between the government and the people governed. One needs to be mindful that the approach and role of Courts while examining evidence in accident claim cases ought not to be to find fault with non-examination of some best eyewitnesses, as may happen in a criminal trial; but, instead should be only to analyze the material placed on record by the parties to ascertain whether the claimant’s version is more likely than not true. It was reintegrated by the assenting majority judges that whenever there is any ambiguously or hesitancy with respect to the true meaning of a particular article of provision, then in those times of crisis, the glorious Preamble must be referred to and assistances could be taken from the aims and objectives. Our Constitution is made only for a moral and religious people. The Bench also very rightly observed that, “One needs to be mindful that the approach and role of Courts while examining evidence in accident claim cases ought not to be to find fault with non-examination of some best eyewitnesses, as may happen in a criminal trial; but, instead should be only to analyze the material placed on record by the parties to ascertain whether the claimant’s version is more likely than not true.” The Bench observed thus while allowing an appeal against Rajasthan High Court judgment which had rejected the claim petition (by setting aside the Tribunal order allowing it). Discuss. The victims are mainly from the women and transgender section. 15. His emphasis on inclusivity was not based on any cloying consideration or because it made for good diversity optics or widened the reach of his vision, but because of his clear realization that every tradition/sampradaya fulfilled the deepest spiritual and societal needs of that section of the society it catered to. The Tribunal shall recalculate the compensation within one month and the insurance company shall deposit the same within one month thereafter. This is why Swamiji’s position on diversity is so practical and rooted in the Dharmic tradition that redundancy of a sampradaya need not and should not be induced until it becomes apparent and takes effect on its own. Ram Rajya — sovereignty of the people based on pure moral authority. It was clarified by Honorable Chief Minister that, the object of introducing the provisions of Section 118A of Kerala Police Act was to overcome or reduce the harassment faced by many individuals on Social media platform. The number of the truck could not be noticed as it was dark. Steps needed to achieve Comparative advantage in Manufacturing. Today the Supreme Court of India upheld the point of view that Constitutional morality should rule over societal morality. The essay aims at a critical evaluation of current status of Constitutional Morality and Judicial Values under Indian scenario. Every Temple must be understood in the light of its own object of consecration and worship because even within a given tradition, each institution that broadly falls within that tradition evolves its own individual expression which is consistent with its beliefs. Procedural flexibility and party autonomy, being the key factors as to why parties opt for arbitration, in fact aid the arbitration process to better adapt to the “new normal” in this pandemic. Last month the recommendation was made to the Governor of Kerala by Kerala Cabinet to introduce this ordinance. Another critic is that due to lack of the proper infrastructure parties do not get the decisions on time which further increases the complexities and enforcement of the awards rendered through virtual hearings. This offence was considered to be cognizable and Bailable. These freedoms were highlighted and adopted in the Preamble ad rem while discrediting the previous declaration. Critically, the fact that Dharmic tradition places a premium on diversity for very practical and spiritual reasons, is an important lesson that must be understood by those that erroneously use Vedanta to question and undermine the legitimacy of sampradayic or denominational diversity and autonomy within the Dharmic fold. Nothing more remains to be said. Such a measure will only debilitate agriculture in this country even further. The court raised the question that FIRs could be registered based on the new section since the ordinance had already come in force. After all, constitutional morality cannot be a vague doctrine in the hands of an unelected body which has the effect of taking away the State’s constitutionally recognized powers to invoke public morality as a valid limitation on fundamental rights. He was travelling in a car bearing registration no. However, this is the very nature of democracy since every elected dispensation has the right and the mandate to implement its version of public morals. A fundamental rule of economics (or rather of common sense) is that when any price floors are set – which is what MSP is going to be- then there is a surplus production. (Source: John Adams, The Works of John Adams, Second President of the United States , Charles Francis Adams, editor (Boston: Little, Brown, 1854), Vol. It would behoove us all to read more about him and learn from his example. 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