Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?

2006-05-03 Thread Rajen Barua



Good response, Ram!
Thanks
RB

  - Original Message - 
  From: 
  Ram Sarangapani 
  
  To: Rajen Barua 
  Cc: assam@assamnet.org ; Chan Mahanta 
  
  Sent: Wednesday, May 03, 2006 3:52 
  PM
  Subject: Re: [Assam] From ToI/ SC the New 
  Desi DIKTATOR ?
  
  If I am not mistaken, this article 47 came directly from the British 
  Constitution. In fact, similar articles exist in most constitutions (regarding 
  public health). Remember, this was 1951 or when this was done.
   
  Now, if the legislators don't like the article, they can pass an 
  amendment.
   
  >This is irreligious 
  Law
  What has religion got to do with 
  it?
  >Why the 'desi's will 
  have to think conservative?
  >Why we make Laws 
  knowing fully well that we cannot adopt it?
   
  Why point only to Desis? Was the US conservative in 
  1919 - a prohibition amendment which lasted for nearly 15 years?
  When they repealed it, can we ask the question as to 
  why they made laws which they cannot adopt? (they found that out only after 15 
  years)
   
  IMHO:  There are many laws that are NOT good (in 
  all constitutions). Before the Mitakshara law, property could only be 
  inherited by sons and not daughters.
  The point I am making is that laws are usually made 
  taking into consideration of the times and customs at the time they were 
  enacted. Only the test of time reverses these things.
   
  A good example is the famous case of a gay couple 
  from Texas who broke Texas' sodomy laws. The US Supreme Court last month 
  struck it down and declared that the Texas law was unconstitutional (as 
  piercing the veil of privacy - not sodomy). That Texas law (stupid as it was) 
  existed as a Texas law ever since Texas was a state. 
  So, unjust and stupid laws change as times change - 
  when people see them as not relevant any more or just plain 
  unjust.
   
  --Ram
   
   
    
   
  On 5/3/06, Rajen 
  Barua <[EMAIL PROTECTED]> 
  wrote: 
  



Article 47--Duty of 
the State to raise the level of nutrition and the standard of living and to 
improve public health
The State shall regard the raising of the level 
of nutrition and the standard of living of its people and the improvement of 
public health as among its primary duties and, in particular, the State 
shall endeavour to bring about 
prohibition of the consumption except for medicinal purposes 
of intoxicating drinks and of 
drugs which are injurious to health 


This is irreligious 
Law.
Is Xaj Pani (Rice Beer) 
injurious to health?
Is wine injurious to 
health?
Why the 'desi's will have 
to think conservative?
Why we make Laws knowing 
fully well that we cannot adopt it?
Why the 'desis' have to 
prove that they are hypocites?
What is in the 'desi' 
mind?

RB



  - Original Message - 
  From: Ram Sarangapani 
  To: Rajen Barua 
  Cc: assam@assamnet.org ; Chan Mahanta 
  Sent: Wednesday, May 03, 2006 1:12 
      PM
      Subject: Re: [Assam] From ToI/ SC the 
  New Desi DIKTATOR ?
   
  This is democracy at work. Why are we blaming the SC?
  The people elect their representatives, who in turn enact laws. The 
  Indian Supreme Court ONLY interprets the constitution. If people (read 
  legislators) don't want it, they can always pass an amendment.
   
  BTW: In the US, prohibition was passed into law thru an amendment, 
  and upheld by the US Supreme Court in (around) 1919. Another amendment to 
  the constitution repealed it and passed scrutinity of the Court.
   
  So, lets not blame the SC for doing what they are supposed to be 
  doing.
   
  Here is Article 47 of the Indian Constitution.
  
  Article 47--Duty of 
  the State to raise the level of nutrition and the standard of living and 
  to improve public health
  The State shall regard the raising of the 
  level of nutrition and the standard of living of its people and the 
  improvement of public health as among its primary duties and, in 
  particular, the State shall endeavour to bring about prohibition of the 
  consumption except for medicinal purposes of intoxicating drinks and of 
  drugs which are injurious to health . 
  --Ram 
  On 5/3/06, Rajen 
  Barua <[EMAIL PROTECTED] 
  > wrote: 
  

>The Supreme Court has asked the central 
and state >governments to take steps to achieve the goal of total 
prohibition of >liquor as enshrined in Article 
47 of the constitution under the >Directive Principles 
of State Policy.
 

I think the power comes 
from above. 
What is Article 
47?
Who makes these 
articles?

Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?

2006-05-03 Thread Chan Mahanta
Title: Re: [Assam] From ToI/ SC the New Desi DIKTATOR
?


Ram:


>>I know the Indian SC does a whole lot more: Some for the
good. And others in clear >contravention of democratic norms.


*** The Indian SC has taken up upon itself ( go look up its
website) to take up issues that go beyond interpreting the
constitution or the laws of the land. It
acknowledges it and justifies it because of desi-demokrasy's
failings ( not exactly in those words however :-)), to provide relief
to the unrepresented, to the downtrodden of society.

That I characterize as 'good'. It is an activist, constructive
stance.

But it has negative consequences too. Such as:

    ** It
is bogged down with cases that should be clearly addressed
    by the
legislative and /or executive branches, thereby delaying other
    cases
which should not be left dangling in the air. Like the suit that
   
challenged the legitimacy of the Narmada dam, that went
undecided
    for six
years, causing untold harm to a lot of unrepresented people,
    while
the govt. proceeded with its construction.

    When
the SC finally rendered its verdict, with relief to the victims,
    it wass
already too late to, undo a lot of damage that was done to
    the
victims.

    ** It
was an offhand, poorly deliberated opinion ( not a directive
    as was
clarified later) from the then about to retire Chief Justice
    that
purportedly ordered the govt.to undertake the riverlinking
    and
complete in ten years or some such absurdity. No doubt the
    the
administration  used the purported directive to advance its
own
   
political agenda, by choosing to interpret it the way it
did.

    That
was unconscionable. What expertise did the SC or the CJ have to
    render
such a verdict? Did it hold hearings from recognized experts?
    Did it
hear  the side of the story from those who would be
   
adversely effected by such a huge undertaking?


I realize that in the course of interpreting the laws or the
constitution, a high court can and do end up 'legislating' at times.
That is not what I alluded to.











At 4:03 PM -0500 5/3/06, Ram Sarangapani wrote:
C'da
 
>I know the Indian SC does a whole lot
more: Some for the good. And others in clear >contravention of
democratic norms.
 
Thats a blanket statement. Are you saying
that the SC is 'legislating from the bench' specially when some
rulings don't go in ones favor? Do you have some stark
examples?
 
And what about the ruling against
the GOI and the GOA to produce missing ULFA cadres from the Bhutan
operation. The wife of one of the missing cadres filed the suit and
won and the Govts. lost that case. Was that a bad ruling?
 
I think the SC is probably one of the
best Indian institutions and has more or less kept away from politics
and remained independent.
 
BTW as a 'sidebar': This same Supreme
Court, just last month ruled that Indian whiskey manufacturers cannot
use the words like Scot, Scotch etc, nor can they say 'like
Scotch' in their labels or ads. The suit was brought up before them by
a group of English Scotch manufacturers and they won.
 
--Ram
 

 
On 5/3/06, Chan Mahanta <[EMAIL PROTECTED]>
wrote:
One would think it is the prerogative of the people and
its representatives -- the law-making entities, to make laws to uphold
the constitutional mandates. SC merely INTERPRETS the laws of the
land.

 
I know the Indian SC does a whole lot more: Some for the
good. And others in clear contravention of democratic norms. That is
because of the abject failures of the desi-demokrasy and its
law-making bodies.

 
But should the people let a group of appointed lawyers be
the final arbiters of what is their right, instead of attempting to
reform and improve its lawmaking bodies?

 

 

 

 

 

 

 

 
At 5:16 PM +0100 5/3/06, umesh sharma wrote:
Does Supreme Court have the right to
interpret the Indian constitution - and atleast remind the elected
officials about what is written therein.



 

Umesh




Chan Mahanta <[EMAIL PROTECTED] > wrote:

While it is disturbing to see uncontrolled proliferation
of alcohol
peddling and consumption in India, where does the SC derive its
mandate to ASK ( read order)
even in desi-demokrasy? Is the SC the SUPREME elected body of the
country?

cm







Time has come for total prohibition: SC
[ Wednesday, May 03, 2006 06:20:31 pmIANS ]



NEW DELHI: The Supreme Court has asked the central and state
governments to take steps to achieve the goal of total prohibition
of
liquor as enshrined in Article 47 of the constitution under the
Directive Principles of State Policy.

Expressing serious concern on the ill effects of liquor, a bench
of
Justice S.B. Sinha and Justice P.K . Balasubramanyan said:
"Article 47
of the constitution clearly casts a duty on the state at least to
reduce the consumption of liquor in the state,

Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?

2006-05-03 Thread Ram Sarangapani
Dear Barua,
 
>I have observed that it is a characteristics of the Desis, they like to be ruled by >somebody. They actually do not believe in the democratic principle of 'government >by the people'. 

 
Thats nice - and when did we NRI/NRA  'God's gifts to Desis' manage to extricate ourselves from such doom & gloom?
Are you saying those  "characteristics" somehow got filtered out as soon as we crossed the seas? Aren't we lucky? -:)
 
--Ram
 
On 5/3/06, Rajen Barua <[EMAIL PROTECTED]> wrote:




>But should the people let a group of appointed lawyers be the final arbiters of what is their right, instead of attempting to reform and improve its lawmaking bodies?
 

I have observed that it is a characteristics of the Desis, they like to be ruled by somebody. They actually do not believe in the democratic principle of 'government by the people'. OK I don't have time for those thiongs called reform. I am making you the king, go ahead and rule us, but make sure you rule good. OK. Don't cheat us now.  (BTW if you can get a job for my son, that will be very much appreciated)

Hobo Diok.
RB


- Original Message - 
From: Chan Mahanta 


To: assam@assamnet.org 
Sent: Wednesday, May 03, 2006 2:38 PM
Subject: Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?
 
One would think it is the prerogative of the people and its representatives -- the law-making entities, to make laws to uphold the constitutional mandates. SC merely INTERPRETS the laws of the land.
 
I know the Indian SC does a whole lot more: Some for the good. And others in clear contravention of democratic norms. That is because of the abject failures of the desi-demokrasy and its law-making bodies.
 
But should the people let a group of appointed lawyers be the final arbiters of what is their right, instead of attempting to reform and improve its lawmaking bodies?
 
 
 
 
 
 
 
 
At 5:16 PM +0100 5/3/06, umesh sharma wrote:
Does Supreme Court have the right to interpret the Indian constitution - and atleast remind the elected officials about what is written therein.
 
Umesh Chan Mahanta <[EMAIL PROTECTED]>
 wrote:
While it is disturbing to see uncontrolled proliferation of alcoholpeddling and consumption in India, where does the SC derive itsmandate to ASK ( read order)even in desi-demokrasy? Is the SC the SUPREME elected body of the country?
cmTime has come for total prohibition: SC[ Wednesday, May 03, 2006 06:20:31 pmIANS ]NEW DELHI: The Supreme Court has asked the central and stategovernments to take steps to achieve the goal of total prohibition of
liquor as enshrined in Article 47 of the constitution under theDirective Principles of State Policy.Expressing serious concern on the ill effects of liquor, a bench ofJustice S.B. Sinha and Justice P.K
. Balasubramanyan said: "Article 47of the constitution clearly casts a duty on the state at least toreduce the consumption of liquor in the state, gradually leading toprohibition itself."The judges said: "It appears to be right to point out that the time
has come for the states and the union government to seriously thinkof taking steps to achieve the goal set by Article 47 of theconstitution."Writing the judgment, Justice Balasubramanyan said: "It is a
notorious fact, of which we can take judicial notice, that more andmore of the younger generation in this country is getting addicted toliquor.It has not only become a fashion to consume it but it has also
become an obsession with very many. Surely, we do not need anindolent nation."Why the state in the face of Article 47 of the constitution shouldencourage, that too practically unrestrictedly, the trade in liquor
is something that is difficult to appreciate," the bench asked."The only excuse for the state for not following the mandate ofArticle 47 of the constitution is that huge revenue is generated by
this trade and such revenue is being used for meeting the financialneeds of the state.What is more relevant here is to notice that the monopoly in thetrade is with the state and it is only a privilege that a licencee
has in the matter of manufacturing and vending liquor," the benchnoted.The bench passed this order while disposing of an appeal filed bythe Maharashtra government against an interim order passed by the
Bombay High Court on the issue of payment of requisite fee bydistilleries under the Bombay Rectified Spirit (Transport in Bond)Rules, 1951.___assam mailing list
assam@assamnet.org
http://assamnet.org/mailman/listinfo/assam_assamnet.org
Umesh Sharma5121 Lackawanna STCollege Park, MD 207401-202-215-4328 [Cell Phone]Ed.M. - International Education PolicyHarvard Graduate School of Education,
Harvard University,Class of 2005
Send instant messages to your online friends http://uk.messenger.yahoo.com

 





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Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?

2006-05-03 Thread Ram Sarangapani
C'da
 
>I know the Indian SC does a whole lot more: Some for the good. And others in clear >contravention of democratic norms. 
 
Thats a blanket statement. Are you saying that the SC is 'legislating from the bench' specially when some rulings don't go in ones favor? Do you have some stark examples?
 
And what about the ruling against the GOI and the GOA to produce missing ULFA cadres from the Bhutan operation. The wife of one of the missing cadres filed the suit and won and the Govts. lost that case. Was that a bad ruling?

 
I think the SC is probably one of the best Indian institutions and has more or less kept away from politics and remained independent.
 
BTW as a 'sidebar': This same Supreme Court, just last month ruled that Indian whiskey manufacturers cannot use the words like Scot, Scotch etc, nor can they say 'like Scotch' in their labels or ads. The suit was brought up before them by a group of English Scotch manufacturers and they won.

 
--Ram
 
 
On 5/3/06, Chan Mahanta <[EMAIL PROTECTED]> wrote:


One would think it is the prerogative of the people and its representatives -- the law-making entities, to make laws to uphold the constitutional mandates. SC merely INTERPRETS the laws of the land.
 
I know the Indian SC does a whole lot more: Some for the good. And others in clear contravention of democratic norms. That is because of the abject failures of the desi-demokrasy and its law-making bodies.
 
But should the people let a group of appointed lawyers be the final arbiters of what is their right, instead of attempting to reform and improve its lawmaking bodies?

 
 
 
 
 
 
 
 
At 5:16 PM +0100 5/3/06, umesh sharma wrote:
Does Supreme Court have the right to interpret the Indian constitution - and atleast remind the elected officials about what is written therein.
 

Umesh 
Chan Mahanta <[EMAIL PROTECTED]
> wrote:
While it is disturbing to see uncontrolled proliferation of alcoholpeddling and consumption in India, where does the SC derive itsmandate to ASK ( read order)even in desi-demokrasy? Is the SC the SUPREME elected body of the country?
cmTime has come for total prohibition: SC[ Wednesday, May 03, 2006 06:20:31 pmIANS ]NEW DELHI: The Supreme Court has asked the central and stategovernments to take steps to achieve the goal of total prohibition of
liquor as enshrined in Article 47 of the constitution under theDirective Principles of State Policy.Expressing serious concern on the ill effects of liquor, a bench ofJustice S.B. Sinha and Justice P.K
. Balasubramanyan said: "Article 47of the constitution clearly casts a duty on the state at least toreduce the consumption of liquor in the state, gradually leading toprohibition itself."The judges said: "It appears to be right to point out that the time
has come for the states and the union government to seriously thinkof taking steps to achieve the goal set by Article 47 of theconstitution."Writing the judgment, Justice Balasubramanyan said: "It is a
notorious fact, of which we can take judicial notice, that more andmore of the younger generation in this country is getting addicted toliquor.It has not only become a fashion to consume it but it has also
become an obsession with very many. Surely, we do not need anindolent nation."Why the state in the face of Article 47 of the constitution shouldencourage, that too practically unrestrictedly, the trade in liquor
is something that is difficult to appreciate," the bench asked."The only excuse for the state for not following the mandate ofArticle 47 of the constitution is that huge revenue is generated by
this trade and such revenue is being used for meeting the financialneeds of the state.What is more relevant here is to notice that the monopoly in thetrade is with the state and it is only a privilege that a licencee
has in the matter of manufacturing and vending liquor," the benchnoted.The bench passed this order while disposing of an appeal filed bythe Maharashtra government against an interim order passed by the
Bombay High Court on the issue of payment of requisite fee bydistilleries under the Bombay Rectified Spirit (Transport in Bond)Rules, 1951.___assam mailing list
assam@assamnet.org
http://assamnet.org/mailman/listinfo/assam_assamnet.org



Umesh Sharma5121 Lackawanna STCollege Park, MD 207401-202-215-4328 [Cell Phone]Ed.M. - International Education PolicyHarvard Graduate School of Education,
Harvard University,Class of 2005



Send instant messages to your online friends http://uk.messenger.yahoo.com

 ___assam mailing listassam@assamnet.org
http://assamnet.org/mailman/listinfo/assam_assamnet.org

___
assam mailing list
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Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?

2006-05-03 Thread Ram Sarangapani
If I am not mistaken, this article 47 came directly from the British Constitution. In fact, similar articles exist in most constitutions (regarding public health). Remember, this was 1951 or when this was done.
 
Now, if the legislators don't like the article, they can pass an amendment.
 
>This is irreligious Law
What has religion got to do with it?
>Why the 'desi's will have to think conservative?
>Why we make Laws knowing fully well that we cannot adopt it?
 
Why point only to Desis? Was the US conservative in 1919 - a prohibition amendment which lasted for nearly 15 years?
When they repealed it, can we ask the question as to why they made laws which they cannot adopt? (they found that out only after 15 years)
 
IMHO:  There are many laws that are NOT good (in all constitutions). Before the Mitakshara law, property could only be inherited by sons and not daughters.
The point I am making is that laws are usually made taking into consideration of the times and customs at the time they were enacted. Only the test of time reverses these things.
 
A good example is the famous case of a gay couple from Texas who broke Texas' sodomy laws. The US Supreme Court last month struck it down and declared that the Texas law was unconstitutional (as piercing the veil of privacy - not sodomy). That Texas law (stupid as it was) existed as a Texas law ever since Texas was a state. 

So, unjust and stupid laws change as times change - when people see them as not relevant any more or just plain unjust.
 
--Ram
 
 
 
 
On 5/3/06, Rajen Barua <[EMAIL PROTECTED]> wrote:




Article 47--Duty of the State to raise the level of nutrition and the standard of living and to improve public health
The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State 
shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs
 which are injurious to health 

This is irreligious Law.
Is Xaj Pani (Rice Beer) injurious to health?
Is wine injurious to health?
Why the 'desi's will have to think conservative?
Why we make Laws knowing fully well that we cannot adopt it?
Why the 'desis' have to prove that they are hypocites?
What is in the 'desi' mind?

RB



- Original Message - 
From: Ram Sarangapani 

To: Rajen Barua 
Cc: assam@assamnet.org ; 
Chan Mahanta 
Sent: Wednesday, May 03, 2006 1:12 PM
Subject: Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?
 
This is democracy at work. Why are we blaming the SC?
The people elect their representatives, who in turn enact laws. The Indian Supreme Court ONLY interprets the constitution. If people (read legislators) don't want it, they can always pass an amendment.
 
BTW: In the US, prohibition was passed into law thru an amendment, and upheld by the US Supreme Court in (around) 1919. Another amendment to the constitution repealed it and passed scrutinity of the Court.
 
So, lets not blame the SC for doing what they are supposed to be doing.
 
Here is Article 47 of the Indian Constitution.

Article 47--Duty of the State to raise the level of nutrition and the standard of living and to improve public health
The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health 
. 
--Ram 
On 5/3/06, Rajen Barua <[EMAIL PROTECTED]
> wrote: 


>The Supreme Court has asked the central and state >governments to take steps to achieve the goal of total prohibition of >liquor as enshrined in Article 47
 of the constitution under the >Directive Principles of State Policy.
 

I think the power comes from above. 
What is Article 47?
Who makes these articles?
I think people should stand up for their right.
Other wise someone will make an Article tomorrow to  make India a vegetrarain country gradually or "at least reduce the consumption of liquor (read meat) in the state, gradually leading to prohibition itself." 
The problem is not 'desi democracy', the problem is the 'desi'.

RB

 
 
- Original Message - 
From: "Chan Mahanta" <[EMAIL PROTECTED] 
>
To: <assam@assamnet.org
 >
Sent: Wednesday, May 03, 2006 11:06 AM
Subject: [Assam] From ToI/ SC the New Desi DIKTATOR ?
> While it is disturbing to see uncontrolled proliferation of alcohol > peddling and consumption in India, where does the SC derive its 
> mandate to ASK ( read order)> even in desi-demokrasy? Is the SC the SUPREME elected body of the country?> > cm> > > > > > > > Time has come for tota

Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?

2006-05-03 Thread Chan Mahanta
Title: Re: [Assam] From ToI/ SC the New Desi DIKTATOR
?


I wonder why so many northeastern people ( there may be others
elsewhere as well) would submit to puritanical Indians' endeavor to
prohibit alcoholic beverage consumption when it is an integral part of
their culture and religion.

And why should they?

Who is the SC, thru usurped power, to dictate that? Or who is
even the Lok Sabha to legislate that? What kind of a 'constitution' is
this to impose it on these people without their advice or
consent?







At 3:13 PM -0500 5/3/06, Rajen Barua wrote:
Article 47--Duty of
the State to raise the level of nutrition and the standard of living
and to improve public health

The State shall
regard the raising of the level of nutrition and the standard of
living of its people and the improvement of public health as among its
primary duties and, in particular, the State
shall endeavour to bring about prohibition of the consumption
except for medicinal purposes of intoxicating
drinks and of drugs which are injurious
to health

This is irreligious Law.

Is Xaj Pani (Rice Beer) injurious to
health?

Is wine injurious to health?

Why the 'desi's will have to think
conservative?

Why we make Laws knowing fully well that we cannot
adopt it?

Why the 'desis' have to prove that they
are hypocites?

What is in the 'desi' mind?

RB
- Original Message -
From: Ram
Sarangapani
To: Rajen
Barua
Cc: assam@assamnet.org ; Chan Mahanta
Sent: Wednesday, May 03, 2006 1:12 PM
Subject: Re: [Assam] From ToI/ SC the New Desi
DIKTATOR ?

This is democracy at work. Why are we blaming the
SC?
The people elect their representatives, who in turn enact
laws. The Indian Supreme Court ONLY interprets the constitution. If
people (read legislators) don't want it, they can always pass an
amendment.
 
BTW: In the US, prohibition was passed into law thru an
amendment, and upheld by the US Supreme Court in (around) 1919.
Another amendment to the constitution repealed it and passed
scrutinity of the Court.
 
So, lets not blame the SC for doing what they are supposed
to be doing.
 
Here is Article 47 of the Indian Constitution.

Article 47--Duty of the State to
raise the level of nutrition and the standard of living and to improve
public health

The State shall regard the raising
of the level of nutrition and the standard of living of its people and
the improvement of public health as among its primary duties and, in
particular, the State shall endeavour to bring about prohibition of
the consumption except for medicinal purposes of intoxicating drinks
and of drugs which are injurious to health .

--Ram

 
On 5/3/06, Rajen Barua <[EMAIL PROTECTED]>
wrote:
>The Supreme Court has
asked the central and state
>governments to take steps to achieve the goal of total prohibition
of
>liquor as enshrined in Article 47 of the constitution under
the
>Directive Principles of State Policy.
 
I think the
power comes from above.
What is
Article 47?
Who makes
these articles?
I think
people should stand up for their right.
Other wise
someone will make an Article tomorrow to  make India a
vegetrarain country gradually or "at least reduce the consumption
of liquor (read meat) in the state, gradually leading to prohibition
itself."

The problem is not 'desi democracy', the problem is the
'desi'.
RB
 
 
- Original Message
-
From: "Chan Mahanta"
<[EMAIL PROTECTED]
>
To: <assam@assamnet.org
>
Sent: Wednesday, May 03, 2006
11:06 AM
Subject: [Assam] From ToI/ SC
the New Desi DIKTATOR ?

> While it is disturbing
to see uncontrolled proliferation of alcohol
> peddling and consumption in India, where does the SC derive
its
> mandate to ASK ( read order)
> even in desi-demokrasy? Is the SC the SUPREME elected body of the
country?
>
> cm
>
>
>
>
>
>
>
> Time has come for total prohibition: SC
> [ Wednesday, May 03, 2006 06:20:31 pmIANS ]
>
>
>
>   NEW DELHI: The Supreme Court has asked the central
and state
> governments to take steps to achieve the goal of total
prohibition of
> liquor as enshrined in Article 47 of the constitution under
the
> Directive Principles of State Policy.
>
>   Expressing serious concern on the ill effects of
liquor, a bench of
> Justice S.B. Sinha and Justice P.K. Balasubramanyan said:
"Article 47
> of the constitution clearly casts a duty on the state at least
to
> reduce the consumption of liquor in the state, gradually leading
to
> prohibition itself."
>
>   The judges said: "It appears to be right to
point out that the time
> has come for the states and the union government to seriously
think
> of taking steps to achieve the goal set by Article 47 of the
> constitution."
>
>   Writing the judgment, Justice Balasubramanyan said:
"It is a
> notorious fact, of which we can take judicial n

Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?

2006-05-03 Thread umesh sharma
Rajen-da,     Perhaps we should go the Mexico way and make it legal to use LSD, Weed and other drugs .     What is religion after all - it is man made. These drugs are also man made using ingredients which are God made:)     UmeshRajen Barua <[EMAIL PROTECTED]> wrote:Article 47--Duty of the State to raise the level of nutrition and the standard of living and to improve public health  The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the
 State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health   This is irreligious Law.  Is Xaj Pani (Rice Beer) injurious to health?  Is wine injurious to health?  Why the 'desi's will have to think conservative?  Why we make Laws knowing fully well that we cannot adopt it?  Why the 'desis' have
 to prove that they are hypocites?  What is in the 'desi' mind?  RB- Original Message -   From: Ram Sarangapani   To: Rajen Barua   Cc: assam@assamnet.org ; Chan Mahanta   Sent: Wednesday, May 03, 2006 1:12 PM  Subject: Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?This is democracy at work. Why are we blaming the SC?  The people elect their representatives, who in turn enact laws. The Indian Supreme Court ONLY interprets the constitution. If people (read legislators) don't want it, they can always pass an amendment.     BTW: In the US, prohibition was passed into law thru an amendment, and upheld by the US Supreme Court in (around) 1919. Another amendment to the constitution repealed it and passed scrutinity of the Court.     So, lets not blame the SC for doing what they are supposed to be doing.     Here is Article 47 of the Indian Constitution.Article 47--Duty of the State to raise the level
 of nutrition and the standard of living and to improve public health  The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health .   --Ram   On 5/3/06, Rajen Barua <[EMAIL PROTECTED]> wrote:   >The Supreme Court has asked the central and state >governments to take steps to
 achieve the goal of total prohibition of >liquor as enshrined in Article 47 of the constitution under the >Directive Principles of State Policy.   I think the power comes from above.   What is Article 47?  Who makes these articles?  I think people should stand up for their right.  Other wise someone will make an Article tomorrow to  make India a vegetrarain country gradually or "at least reduce the consumption of liquor (read meat) in the state, gradually leading to prohibition itself." The problem is not 'desi democracy', the problem is the
 'desi'.RB      - Original Message -   From: "Chan Mahanta" <[EMAIL PROTECTED] >  To: <assam@assamnet.org >  Sent: Wednesday, May 03, 2006 11:06 AM 
 Subject: [Assam] From ToI/ SC the New Desi DIKTATOR ?  > While it is disturbing to see uncontrolled proliferation of alcohol > peddling and consumption in India, where does the SC derive its > mandate to ASK ( read order)> even in desi-demokrasy? Is the SC the SUPREME elected body of the country?> > cm> > > > > > > > Time has come for total prohibition: SC > [ Wednesday, May 03, 2006 06:20:31 pmIANS ]> > > >   NEW DELHI: The Supreme Court has asked the central and state > governments to take steps to achieve the goal of total prohibition of > liquor as enshrined in Article 47 of the constitution under the > Directive Principles of State Policy.> >   Expressing serious
 concern on the ill effects of liquor, a bench of > Justice S.B. Sinha and Justice P.K. Balasubramanyan said: "Article 47 > of the constitution clearly casts a duty on the state at least to > reduce the consumption of liquor in the state, gradually leading to > prohibition itself."> >   The judges said: "It appears to be right to point out that the time > has come for the states and the union government to seriously think > of taking steps to achieve the goal set by Article 47 of the > constitution."> >   Writing the judgment, Justice Balasubramanyan said: "It is a > notorious fact, of which we can take judicial notice, that more and > more of the younger generation in this country is getting addicted to > liquor.> >   It has not only become a fashion to consume it but it has also > become an obsession with very many. Surely, we

Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?

2006-05-03 Thread Rajen Barua




Article 47--Duty of the 
State to raise the level of nutrition and the standard of living and to improve 
public health
The State shall regard the raising of the level of 
nutrition and the standard of living of its people and the improvement of public 
health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of 
the consumption except for medicinal purposes of intoxicating drinks and of 
drugs which are injurious to health 

This is irreligious 
Law.
Is Xaj Pani (Rice Beer) 
injurious to health?
Is wine injurious to 
health?
Why the 'desi's will have to 
think conservative?
Why we make Laws knowing 
fully well that we cannot adopt it?
Why the 'desis' have to prove 
that they are hypocites?
What is in the 'desi' 
mind?
RB

  - Original Message - 
  From: 
  Ram Sarangapani 
  
  To: Rajen Barua 
  Cc: assam@assamnet.org ; Chan Mahanta 
  
  Sent: Wednesday, May 03, 2006 1:12 
  PM
  Subject: Re: [Assam] From ToI/ SC the New 
  Desi DIKTATOR ?
  
  This is democracy at work. Why are we blaming the SC?
  The people elect their representatives, who in turn enact laws. The 
  Indian Supreme Court ONLY interprets the constitution. If people (read 
  legislators) don't want it, they can always pass an amendment.
   
  BTW: In the US, prohibition was passed into law thru an amendment, and 
  upheld by the US Supreme Court in (around) 1919. Another amendment to the 
  constitution repealed it and passed scrutinity of the Court.
   
  So, lets not blame the SC for doing what they are supposed to be 
  doing.
   
  Here is Article 47 of the Indian Constitution.
  
  Article 47--Duty of the 
  State to raise the level of nutrition and the standard of living and to 
  improve public health
  The State shall regard the raising of the level of 
  nutrition and the standard of living of its people and the improvement of 
  public health as among its primary duties and, in particular, the State shall 
  endeavour to bring about prohibition of the consumption except for medicinal 
  purposes of intoxicating drinks and of drugs which are injurious to health 
  . 
  --Ram 
  On 5/3/06, Rajen 
  Barua <[EMAIL PROTECTED]> 
  wrote: 
  

>The Supreme Court has asked the central and 
state >governments to take steps to achieve the goal of total 
prohibition of >liquor as enshrined in Article 47 of 
the constitution under the >Directive Principles of State 
Policy.
 

I think the power comes from 
above. 
What is Article 
47?
Who makes these 
articles?
I think people should stand up 
for their right.
Other wise someone will make an 
Article tomorrow to  make India a vegetrarain country gradually or "at 
least reduce the consumption of liquor (read meat) in the state, gradually 
leading to prohibition itself." The problem is not 'desi democracy', 
the problem is the 'desi'.

RB

 
 
- Original Message - 
From: "Chan Mahanta" <[EMAIL PROTECTED] >
    To: <assam@assamnet.org 
>
    Sent: Wednesday, May 03, 2006 11:06 
AM
Subject: [Assam] From ToI/ SC the New Desi 
DIKTATOR ?
> While it is disturbing to see uncontrolled proliferation of 
alcohol > peddling and consumption in India, where does the SC derive 
its > mandate to ASK ( read order)> even in desi-demokrasy? Is 
the SC the SUPREME elected body of the country?> > cm> 
> > > > > > > Time has come 
for total prohibition: SC > [ Wednesday, May 03, 2006 06:20:31 pmIANS 
]> > > >   NEW DELHI: The Supreme Court has 
asked the central and state > governments to take steps to achieve 
the goal of total prohibition of > liquor as enshrined in Article 47 
of the constitution under the > Directive Principles of State 
Policy.> >   Expressing serious concern on the ill 
effects of liquor, a bench of > Justice S.B. Sinha and Justice P.K. 
Balasubramanyan said: "Article 47 > of the constitution clearly casts 
a duty on the state at least to > reduce the consumption of liquor in 
the state, gradually leading to > prohibition itself."> 
>   The judges said: "It appears to be right to point out that 
the time > has come for the states and the union government to 
seriously think > of taking steps to achieve the goal set by Article 
47 of the > constitution."> >   Writing the 
judgment, Justice Balasubramanyan said: "It is a > notorious fact, of 
which we can take judicial notice, that more and > more of the 
younger generation in this country is getting addicted to > 
liquor.> >   It has not only become a fashion to consume 
it but it has also > become an obs

Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?

2006-05-03 Thread Rajen Barua
Title: Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?




>But should the people let a group of appointed lawyers be the 
final arbiters of what is their right, instead of attempting to reform 
and improve its lawmaking bodies?
 
I have observed that it is a 
characteristics of the Desis, they like to be ruled by somebody. They actually 
do not believe in the democratic principle of 'government by the people'. OK I 
don't have time for those thiongs called reform. I am making you the king, go 
ahead and rule us, but make sure you rule good. OK. Don't cheat us now.  
(BTW if you can get a job for my son, that will be very much 
appreciated)
Hobo Diok.
RB

  - Original Message - 
  From: 
  Chan 
  Mahanta 
  To: assam@assamnet.org 
  Sent: Wednesday, May 03, 2006 2:38 
  PM
  Subject: Re: [Assam] From ToI/ SC the New 
  Desi DIKTATOR ?
  
  One would think it is the prerogative of the people and its 
  representatives -- the law-making entities, to make laws to uphold the 
  constitutional mandates. SC merely INTERPRETS the laws of the land.
  
  I know the Indian SC does a whole lot more: Some for the good. And others 
  in clear contravention of democratic norms. That is because of the abject 
  failures of the desi-demokrasy and its law-making bodies.
  
  But should the people let a group of appointed lawyers be the final 
  arbiters of what is their right, instead of attempting to reform and improve 
  its lawmaking bodies?
  
  
  
  
  
  
  
  
  At 5:16 PM +0100 5/3/06, umesh sharma wrote:
  Does Supreme Court have the right to 
interpret the Indian constitution - and atleast remind the elected officials 
about what is written therein.
   
  Umesh Chan Mahanta 
<[EMAIL PROTECTED]> wrote:
While it is disturbing to see uncontrolled proliferation of 
  alcoholpeddling and consumption in India, where does the SC derive 
  itsmandate to ASK ( read order)even in desi-demokrasy? Is the SC 
  the SUPREME elected body of the 
  country?cmTime has come for total 
  prohibition: SC[ Wednesday, May 03, 2006 06:20:31 pmIANS 
  ]NEW DELHI: The Supreme Court has asked the central and 
  stategovernments to take steps to achieve the goal of total 
  prohibition ofliquor as enshrined in Article 47 of the constitution 
  under theDirective Principles of State Policy.Expressing 
  serious concern on the ill effects of liquor, a bench ofJustice S.B. 
  Sinha and Justice P.K. Balasubramanyan said: "Article 47of the 
  constitution clearly casts a duty on the state at least toreduce the 
  consumption of liquor in the state, gradually leading toprohibition 
  itself."The judges said: "It appears to be right to point out that 
  the timehas come for the states and the union government to seriously 
  thinkof taking steps to achieve the goal set by Article 47 of 
  theconstitution."Writing the judgment, Justice Balasubramanyan 
  said: "It is anotorious fact, of which we can take judicial notice, 
  that more andmore of the younger generation in this country is getting 
  addicted toliquor.It has not only become a fashion to consume 
  it but it has alsobecome an obsession with very many. Surely, we do 
  not need anindolent nation."Why the state in the face of 
  Article 47 of the constitution shouldencourage, that too practically 
  unrestrictedly, the trade in liquoris something that is difficult to 
  appreciate," the bench asked."The only excuse for the state for 
  not following the mandate ofArticle 47 of the constitution is that 
  huge revenue is generated bythis trade and such revenue is being used 
  for meeting the financialneeds of the state.What is more 
  relevant here is to notice that the monopoly in thetrade is with the 
  state and it is only a privilege that a licenceehas in the matter of 
  manufacturing and vending liquor," the benchnoted.The bench 
  passed this order while disposing of an appeal filed bythe Maharashtra 
  government against an interim order passed by theBombay High Court on 
  the issue of payment of requisite fee bydistilleries under the Bombay 
  Rectified Spirit (Transport in Bond)Rules, 
  1951.___assam 
  mailing 
  listassam@assamnet.orghttp://assamnet.org/mailman/listinfo/assam_assamnet.org
  Umesh Sharma5121 Lackawanna 
STCollege Park, MD 207401-202-215-4328 [Cell Phone]Ed.M. 
- International Education PolicyHarvard Graduate School of 
Education,Harvard University,Class of 2005
  Send instant messages to your online friends 
http://uk.messenger.yahoo.com
  
  
  

  ___assam mailing 
  listassam@assamnet.orghttp://assamnet.org/mailman/listinfo/assam_assamnet.org
___

Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?

2006-05-03 Thread Chan Mahanta
Title: Re: [Assam] From ToI/ SC the New Desi DIKTATOR
?


One would think it is the prerogative of the people and its
representatives -- the law-making entities, to make laws to uphold the
constitutional mandates. SC merely INTERPRETS the laws of the
land.

I know the Indian SC does a whole lot more: Some for the good.
And others in clear contravention of democratic norms. That is because
of the abject failures of the desi-demokrasy and its law-making
bodies.

But should the people let a group of appointed lawyers be the
final arbiters of what is their right, instead of attempting to reform
and improve its lawmaking bodies?








At 5:16 PM +0100 5/3/06, umesh sharma wrote:
Does Supreme Court have the right to
interpret the Indian constitution - and atleast remind the elected
officials about what is written therein.
 
Umesh 

Chan Mahanta <[EMAIL PROTECTED]> wrote:
While it is disturbing to see uncontrolled proliferation
of alcohol
peddling and consumption in India, where does the SC derive its
mandate to ASK ( read order)
even in desi-demokrasy? Is the SC the SUPREME elected body of the
country?

cm







Time has come for total prohibition: SC
[ Wednesday, May 03, 2006 06:20:31 pmIANS ]



NEW DELHI: The Supreme Court has asked the central and state
governments to take steps to achieve the goal of total prohibition
of
liquor as enshrined in Article 47 of the constitution under the
Directive Principles of State Policy.

Expressing serious concern on the ill effects of liquor, a bench
of
Justice S.B. Sinha and Justice P.K. Balasubramanyan said:
"Article 47
of the constitution clearly casts a duty on the state at least to
reduce the consumption of liquor in the state, gradually leading
to
prohibition itself."

The judges said: "It appears to be right to point out that the
time
has come for the states and the union government to seriously
think
of taking steps to achieve the goal set by Article 47 of the
constitution."

Writing the judgment, Justice Balasubramanyan said: "It is a
notorious fact, of which we can take judicial notice, that more
and
more of the younger generation in this country is getting addicted
to
liquor.

It has not only become a fashion to consume it but it has also
become an obsession with very many. Surely, we do not need an
indolent nation.

"Why the state in the face of Article 47 of the constitution
should
encourage, that too practically unrestrictedly, the trade in
liquor
is something that is difficult to appreciate," the bench
asked.

"The only excuse for the state for not following the mandate
of
Article 47 of the constitution is that huge revenue is generated
by
this trade and such revenue is being used for meeting the
financial
needs of the state.

What is more relevant here is to notice that the monopoly in the
trade is with the state and it is only a privilege that a licencee
has in the matter of manufacturing and vending liquor," the
bench
noted.

The bench passed this order while disposing of an appeal filed by
the Maharashtra government against an interim order passed by the
Bombay High Court on the issue of payment of requisite fee by
distilleries under the Bombay Rectified Spirit (Transport in Bond)
Rules, 1951.

___
assam mailing list
assam@assamnet.org
http://assamnet.org/mailman/listinfo/assam_assamnet.org





Umesh Sharma
5121 Lackawanna ST
College Park, MD 20740

1-202-215-4328 [Cell Phone]

Ed.M. - International Education Policy
Harvard Graduate School of Education,
Harvard University,
Class of 2005

Send instant messages to your online
friends http://uk.messenger.yahoo.com


___
assam mailing list
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Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?

2006-05-03 Thread Ram Sarangapani
This is democracy at work. Why are we blaming the SC?
The people elect their representatives, who in turn enact laws. The Indian Supreme Court ONLY interprets the constitution. If people (read legislators) don't want it, they can always pass an amendment.
 
BTW: In the US, prohibition was passed into law thru an amendment, and upheld by the US Supreme Court in (around) 1919. Another amendment to the constitution repealed it and passed scrutinity of the Court.
 
So, lets not blame the SC for doing what they are supposed to be doing.
 
Here is Article 47 of the Indian Constitution.

Article 47--Duty of the State to raise the level of nutrition and the standard of living and to improve public health
The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health
. 
--Ram 
On 5/3/06, Rajen Barua <[EMAIL PROTECTED]> wrote:


>The Supreme Court has asked the central and state >governments to take steps to achieve the goal of total prohibition of >liquor as enshrined in Article 47
 of the constitution under the >Directive Principles of State Policy.
 

I think the power comes from above. 
What is Article 47?
Who makes these articles?
I think people should stand up for their right.
Other wise someone will make an Article tomorrow to  make India a vegetrarain country gradually or "at least reduce the consumption of liquor (read meat) in the state, gradually leading to prohibition itself."
The problem is not 'desi democracy', the problem is the 'desi'.

RB

 
 
- Original Message - 
From: "Chan Mahanta" <[EMAIL PROTECTED]
>
To: <assam@assamnet.org
>
Sent: Wednesday, May 03, 2006 11:06 AM
Subject: [Assam] From ToI/ SC the New Desi DIKTATOR ?
> While it is disturbing to see uncontrolled proliferation of alcohol > peddling and consumption in India, where does the SC derive its 
> mandate to ASK ( read order)> even in desi-demokrasy? Is the SC the SUPREME elected body of the country?> > cm> > > > > > > > Time has come for total prohibition: SC
> [ Wednesday, May 03, 2006 06:20:31 pmIANS ]> > > >   NEW DELHI: The Supreme Court has asked the central and state > governments to take steps to achieve the goal of total prohibition of 
> liquor as enshrined in Article 47 of the constitution under the > Directive Principles of State Policy.> >   Expressing serious concern on the ill effects of liquor, a bench of > Justice 
S.B. Sinha and Justice P.K. Balasubramanyan said: "Article 47 > of the constitution clearly casts a duty on the state at least to > reduce the consumption of liquor in the state, gradually leading to 
> prohibition itself."> >   The judges said: "It appears to be right to point out that the time > has come for the states and the union government to seriously think > of taking steps to achieve the goal set by Article 47 of the 
> constitution."> >   Writing the judgment, Justice Balasubramanyan said: "It is a > notorious fact, of which we can take judicial notice, that more and > more of the younger generation in this country is getting addicted to 
> liquor.> >   It has not only become a fashion to consume it but it has also > become an obsession with very many. Surely, we do not need an > indolent nation.> >   "Why the state in the face of Article 47 of the constitution should 
> encourage, that too practically unrestrictedly, the trade in liquor > is something that is difficult to appreciate," the bench asked.> >   "The only excuse for the state for not following the mandate of 
> Article 47 of the constitution is that huge revenue is generated by > this trade and such revenue is being used for meeting the financial > needs of the state.> >   What is more relevant here is to notice that the monopoly in the 
> trade is with the state and it is only a privilege that a licencee > has in the matter of manufacturing and vending liquor," the bench > noted.> >   The bench passed this order while disposing of an appeal filed by 
> the Maharashtra government against an interim order passed by the > Bombay High Court on the issue of payment of requisite fee by > distilleries under the Bombay Rectified Spirit (Transport in Bond) 
> Rules, 1951.> > ___> assam mailing list> 
assam@assamnet.org> 
http://assamnet.org/mailman/listinfo/assam_assamnet.org> ___assam mailing list
assam@assamnet.org
http://assamnet.org/mailman/listinfo/assam_assamnet.org
___
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assam@assamnet.org
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Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?

2006-05-03 Thread Rajen Barua



>The Supreme Court has asked the central and 
state >governments to take steps to achieve the goal of total prohibition 
of >liquor as enshrined in Article 47 of the 
constitution under the >Directive Principles of State 
Policy.
 
I think the power comes from above. 

What is Article 47?
Who makes these 
articles?
I think people should stand up for 
their right.
Other wise someone will make an 
Article tomorrow to  make India a vegetrarain country gradually or "at 
least reduce the consumption of liquor (read meat) in the state, gradually 
leading to prohibition itself."The problem is not 'desi democracy', the 
problem is the 'desi'.
RB
 
 
- Original Message - 
From: "Chan Mahanta" <[EMAIL PROTECTED]>
To: <assam@assamnet.org>
Sent: Wednesday, May 03, 2006 11:06 AM
Subject: [Assam] From ToI/ SC the New Desi DIKTATOR 
?
> While it is disturbing to see uncontrolled proliferation of alcohol 
> peddling and consumption in India, where does the SC derive its 
> mandate to ASK ( read order)> even in desi-demokrasy? Is the SC 
the SUPREME elected body of the country?> > cm> > 
> > > > > > Time has come for total 
prohibition: SC> [ Wednesday, May 03, 2006 06:20:31 pmIANS ]> 
> > >   NEW DELHI: The Supreme Court has asked the 
central and state > governments to take steps to achieve the goal of 
total prohibition of > liquor as enshrined in Article 47 of the 
constitution under the > Directive Principles of State Policy.> 
>   Expressing serious concern on the ill effects of liquor, a bench 
of > Justice S.B. Sinha and Justice P.K. Balasubramanyan said: "Article 
47 > of the constitution clearly casts a duty on the state at least to 
> reduce the consumption of liquor in the state, gradually leading to 
> prohibition itself."> >   The judges said: "It 
appears to be right to point out that the time > has come for the states 
and the union government to seriously think > of taking steps to achieve 
the goal set by Article 47 of the > constitution."> > 
  Writing the judgment, Justice Balasubramanyan said: "It is a > 
notorious fact, of which we can take judicial notice, that more and > 
more of the younger generation in this country is getting addicted to > 
liquor.> >   It has not only become a fashion to consume it 
but it has also > become an obsession with very many. Surely, we do not 
need an > indolent nation.> >   "Why the state in the 
face of Article 47 of the constitution should > encourage, that too 
practically unrestrictedly, the trade in liquor > is something that is 
difficult to appreciate," the bench asked.> >   "The only 
excuse for the state for not following the mandate of > Article 47 of the 
constitution is that huge revenue is generated by > this trade and such 
revenue is being used for meeting the financial > needs of the 
state.> >   What is more relevant here is to notice that the 
monopoly in the > trade is with the state and it is only a privilege that 
a licencee > has in the matter of manufacturing and vending liquor," the 
bench > noted.> >   The bench passed this order while 
disposing of an appeal filed by > the Maharashtra government against an 
interim order passed by the > Bombay High Court on the issue of payment 
of requisite fee by > distilleries under the Bombay Rectified Spirit 
(Transport in Bond) > Rules, 1951.> > 
___> assam mailing 
list> assam@assamnet.org> http://assamnet.org/mailman/listinfo/assam_assamnet.org> 
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Re: [Assam] From ToI/ SC the New Desi DIKTATOR ?

2006-05-03 Thread umesh sharma
Does Supreme Court have the right to interpret the Indian constitution - and atleast remind the elected officials about what is written therein.     Umesh Chan Mahanta <[EMAIL PROTECTED]> wrote:  While it is disturbing to see uncontrolled proliferation of alcohol peddling and consumption in India, where does the SC derive its mandate to ASK ( read order)even in desi-demokrasy? Is the SC the SUPREME elected body of the country?cmTime has come for total prohibition: SC[ Wednesday, May 03, 2006 06:20:31 pmIANS ]NEW DELHI: The Supreme Court has asked the central and state governments to take steps to achieve the goal of total prohibition of liquor as enshrined in Article 47 of the constitution under the Directive Principles
 of State Policy.Expressing serious concern on the ill effects of liquor, a bench of Justice S.B. Sinha and Justice P.K. Balasubramanyan said: "Article 47 of the constitution clearly casts a duty on the state at least to reduce the consumption of liquor in the state, gradually leading to prohibition itself."The judges said: "It appears to be right to point out that the time has come for the states and the union government to seriously think of taking steps to achieve the goal set by Article 47 of the constitution."Writing the judgment, Justice Balasubramanyan said: "It is a notorious fact, of which we can take judicial notice, that more and more of the younger generation in this country is getting addicted to liquor.It has not only become a fashion to consume it but it has also become an obsession with very many. Surely, we do not need an indolent nation."Why the state in the face of
 Article 47 of the constitution should encourage, that too practically unrestrictedly, the trade in liquor is something that is difficult to appreciate," the bench asked."The only excuse for the state for not following the mandate of Article 47 of the constitution is that huge revenue is generated by this trade and such revenue is being used for meeting the financial needs of the state.What is more relevant here is to notice that the monopoly in the trade is with the state and it is only a privilege that a licencee has in the matter of manufacturing and vending liquor," the bench noted.The bench passed this order while disposing of an appeal filed by the Maharashtra government against an interim order passed by the Bombay High Court on the issue of payment of requisite fee by distilleries under the Bombay Rectified Spirit (Transport in Bond) Rules,
 1951.___assam mailing listassam@assamnet.orghttp://assamnet.org/mailman/listinfo/assam_assamnet.orgUmesh Sharma5121 Lackawanna STCollege Park, MD 20740 1-202-215-4328 [Cell Phone]Ed.M. - International Education PolicyHarvard Graduate School of Education,Harvard University,Class of 2005Send instant messages to your online friends http://uk.messenger.yahoo.com ___
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[Assam] From ToI/ SC the New Desi DIKTATOR ?

2006-05-03 Thread Chan Mahanta
While it is disturbing to see uncontrolled proliferation of alcohol 
peddling and consumption in India, where does the SC derive its 
mandate to ASK ( read order)
even in desi-demokrasy? Is the SC the SUPREME elected body of the country?

cm







Time has come for total prohibition: SC
[ Wednesday, May 03, 2006 06:20:31 pmIANS ]



  NEW DELHI: The Supreme Court has asked the central and state 
governments to take steps to achieve the goal of total prohibition of 
liquor as enshrined in Article 47 of the constitution under the 
Directive Principles of State Policy.

  Expressing serious concern on the ill effects of liquor, a bench of 
Justice S.B. Sinha and Justice P.K. Balasubramanyan said: "Article 47 
of the constitution clearly casts a duty on the state at least to 
reduce the consumption of liquor in the state, gradually leading to 
prohibition itself."

  The judges said: "It appears to be right to point out that the time 
has come for the states and the union government to seriously think 
of taking steps to achieve the goal set by Article 47 of the 
constitution."

  Writing the judgment, Justice Balasubramanyan said: "It is a 
notorious fact, of which we can take judicial notice, that more and 
more of the younger generation in this country is getting addicted to 
liquor.

  It has not only become a fashion to consume it but it has also 
become an obsession with very many. Surely, we do not need an 
indolent nation.

  "Why the state in the face of Article 47 of the constitution should 
encourage, that too practically unrestrictedly, the trade in liquor 
is something that is difficult to appreciate," the bench asked.

  "The only excuse for the state for not following the mandate of 
Article 47 of the constitution is that huge revenue is generated by 
this trade and such revenue is being used for meeting the financial 
needs of the state.

  What is more relevant here is to notice that the monopoly in the 
trade is with the state and it is only a privilege that a licencee 
has in the matter of manufacturing and vending liquor," the bench 
noted.

  The bench passed this order while disposing of an appeal filed by 
the Maharashtra government against an interim order passed by the 
Bombay High Court on the issue of payment of requisite fee by 
distilleries under the Bombay Rectified Spirit (Transport in Bond) 
Rules, 1951.

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