Communal forces suffer loss of face
People of Karnataka have given a proper response to the party that brought the nation to the brink of worst economy in the last four and a half years.
People's answer to BJP in four out of five constituencies where by-elections were held, cannot be ignored. Ballari -Mandya Lok Sabha polls and Ramanagara-Jamkhandi assembly constituencies have given a resounding answer to communal forces.
The message is clear. If secular forces come together communal forces can be easily reduced to dust. Reddy and Ramulu camp that spoke out of arrogance, assuming people would support them like puppets has got a rather strong message.
V.S. Ugrappa of Congress has defeated his opponent with a margin of over two lakh votes. BJP candidate from Shimoga B.Y. Raghavendra has posted a difficult victory owing to his hard work. If Congress and JDS had worked in tandem, they could have clinched that seat too. This by election gives a very sharp picture of analysis. That people are tired of BJP and Narendra Modi's administration. People are willing to support any secular coalition by other parties. The role of Siddaramaiah and H.D Devegowda is very significant in this victory. CM H.D Kumaraswamy, senior Congress leaders such as Mallikarjun Kharge and D.K Shivakumar worked hard to ensure the coalition succeeded in by-elections too.
More than anything else, secular forces have come together to defeat fascist rule.
The national leaders of BJP are trying to hold state leaders responsible for this drubbing. Though some say Yeddyurappa failed in this, it is actually the failure of Amit Shah and PM Modi. The quasi force that controls the government, RSS that is headquartered in Nagpur is also responsible for this.
The capitalist forces among corporates and RSS have been controlling the government of Narendra Modi's government that came into power with just 31 per cent majority in the house. The authoritarian streak in Modi's personality also added to the combination. Having ruined everything that was painstakingly created in the last seven decades, the government didn't fulfil any promises they has issued to the people. Instead, people were pushed into misery time and again.
Demonetization pushed people to endless pain. Many people died standing in the queue trying to exchange their hard earned money. The promise of creating 2 cr jobs wasn't ever met. Not even ten lakh jobs were created in the last four and half years. Prices of essential commodities couldn't be brought down. When asked about jobs, PM advised to people that they could sell pakodas and make a living.
The pain of common people wasn't adhered to, but the capitalists and the rich were given sops and tax benefits. The man who had promised 'na khaunga, na khane dunga’ aided the escape of rich industrialists such as Nirav Modi, Lalit Modi, Vijay Mallya many others who looted our banks of thousands of crores.
Planning Commission was dismantled soon as this government came to power and was turned into Niti Ayog. UGC was abruptly cancelled in the recent times. Govt interfered with premier investigating agency CBI and broke it into two sides now.Judiciary and legislative were corrupted. Constitution aided administration was meddled with to leave it in shambles. Rowdy gangs were given a free run and were allowed to kill people in the name of Gau Raksha.
The party is making all preparations to cancel the Constitution and bring Manu's teachings to lead the country. The unity and sovereignty of the country is under threat. Another term to this government would leave the country in irreversible damage. In the backdrop of all these aspects, this message given through by-elections is a very strong one that states of secular forces come together, fascist forces would be reduced to dust.
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Constitution bench verdict binding on benches of lesser strength, says SC
New Delhi (PTI): A judgement of a Constitution bench would be "binding" on benches of lesser strength, the Supreme Court has said while recalling an April 2022 verdict delivered by it.
In its order dated April 7, 2022, the apex court had held that a panchayat cannot claim ownership of the land which has been taken from the real owners from their permissible ceiling limits under the land law in Haryana.
The apex court had consequently said panchayats can only manage and control the land which has been taken from the owners and cannot claim title.
"It is pertinent to note here that for the land taken from the proprietors by applying pro-rata cut from the permissible ceiling limits of the proprietors, management and control alone vests with the panchayat but such vesting of management and control is irreversible and the land would not revert to the proprietors for redistribution as the common purposes for which land has been carved out not only include the present requirements but the future requirements as well," it had said.
The top court had delivered the verdict on a batch of appeals against a full bench verdict of the Punjab and Haryana High Court which had examined the legality of sub-section 6 of Section 2(g) of the Haryana Village Common Lands (Regulation) Act, 1961.
In a judgement delivered on Thursday, a bench of Justices B R Gavai and Sandeep Mehta said that when the high court verdict rested on the law laid down by the apex court's Constitution bench in 1966, "the least that was expected" of the court in the judgement under review was to explain as to why the high court was wrong in relying on the 1966 verdict.
"No law is required to state that a judgement of the Constitution bench would be binding on the benches of a lesser strength. Bhagat Ram (1966 verdict) has been decided by a strength of five judges, this court having a bench strength of two judges could not have ignored the law laid down by the Constitution bench in paragraph 5 in Bhagat Ram," the bench said.
The top court delivered its verdict on a plea seeking review of the April 2022 judgement.
It said that "ignoring" the law laid down by the Constitution bench and taking a view totally contrary to the same would amount to a material error, manifest on the face of the order.
"Ignoring the judgement of the Constitution bench, in our view, would undermine its soundness. The review could have been allowed on this short ground alone," it said.
While allowing the review petition, the bench said, "The judgement and order of this court dated April 7, 2022... is recalled and the appeal is restored to file."
The bench directed that the appeal be listed for hearing on August 7.
The top court observed it was settled that the review would be permissible only if there was a mistake or error apparent on the face of the record or any other sufficient reason was made out.
"The review of the judgement would be permissible only if a material error, manifest on the face of the order, undermines its soundness or results in miscarriage of justice. We are also aware that such an error should be an error apparent on the face of the record and should not be an error which has to be fished out and searched," it noted.
