Further, as the police had themselves reached the hospital upon having received information about the accident, there was perhaps no occasion for AW-3 to lodge a report once again to the police at a later stage either.”. From land acquisition amendment bill to FRDI bill, several progressive measures have been stymied by whipping up fear and frenzy which has resulted in baseless opposition. 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. Constitutional ethics is about leaders respecting constitutional order, conventions and institutions. The most important goal of constitutional morality was to avoid revolution, to turn to constitutional methods for the resolution of claims. Without some infusion of constitutional morality among legislators, judges, lawyers, ministers, This is most deeply manifest in Ambedkar’s hostility to any personification of political authority. 32011-32012 of 2018] delivered by a two Judge Bench of the Apex Court comprising of Justice Surya Kant and Justice Aniruddha Bose on December 8, 2020 has observed clearly, cogently and convincingly that the standard of proof in Motor Accident Claim Cases is one of preponderance of probabilities, rather than beyond reasonable doubt. Action was his motto, ceaseless activity and boundless energy were his mantras, and the heart of the society was the field of his work. The Act envisages such requirements. 3. The court held that Section 118(d) of the Kerala Police Act is violative of Article 19(1) (a) of the Constitution of India. Answer: ‘Constitutional morality’ can be defined as a moral responsibility of an individual to be faithful towards constitutional values and uphold them with utmost integrity, without any compromise. Third, the FIR was lodged two days after the accident, on 27.03.2009. As you read these selections by several of the men who helped frame our Constitution and Declaration of Independence, you’ll see […] How important was religion to the Founding Fathers of the United States of America? 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. He was employed in Mumbai at Kelvin Ess Vee Textiles as a Sales Officer on regular basis. The 7-judge bench in the case of Re: Berubari Union AIR 1960, observed that the Preamble manifests the common and general objective of the various provisions of the Constitution of India, which in turn is the principal key to the minds of the founding fathers and their intent while drafting the Preamble and the Constitution thereof. Notions of rationality cannot be invoked in matters of religion by courts. The statement of AW3, therefore, acquires significance as, according to him, he brought the injured in his car to the hospital. Firstly, it traced the defining ideals of the Constitution of Independent India, and secondly, it provided the framework within which the work of the constitution-making was to proceed. Right after the amendment introduced on Saturday i.e. In the next few pieces, this author will explore the following aspects of the same issue: J. Sai Deepak is an Advocate practising as an arguing counsel before the Supreme Court of India and the High Court of Delhi. To add further, the issue whether preamble can be amended was raised in this case can be understood in the words of D.G. In the words of R.M Sahai J., the importance and utmost vitality of the Preamble and its relationship with the Constitution can be understood as “The preamble to the constitution is a turning point in history”. Swamiji’s recognition that Vedanta is not merely an ideal but is firstly practical and must be practical, is what strengthens the case for its relevance to civilizational resurgence. For democracies to succeed, both believed that the parliamentary majorities need to be restrained through constitutional ethics and public morality. The arbitration process is carried out through private telephone calls, video conferences and/or in‐person meetings among counsel and arbitrator. The Tribunal shall recalculate the compensation within one month and the insurance company shall deposit the same within one month thereafter. To revoke an ordinance before the said expiry period, article 213(2) (a) says that a resolution disapproving it has to be passed by the legislative assembly and agreed by the legislative council. In this article, you can read all about the term, its meaning and significance for the IAS exam. The Government of Kerala has introduced an ordinance to insert section 118-A into Kerala Police Act. For the latest news Download The Daily Guardian App. As one might expect, COVID-19 put the brakes on a practice where in-person evidentiary hearings bringing together arbitrators, counsel and witnesses from far and wide was the norm. Topic– Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure. However, such frivolous proposals were rejected in the CAD. Honorable Governor of Kerala Mr. Arif Mohammad Khan has signed this ordinance pertaining to implementation of Section 118A of the Kerala Police Act. 120/09 (Exh1) was registered on the basis of information furnished by one, Pradeep Kumar Aggarwal, son of Bal Krishna Das Aggarwal – a resident of District Varanasi. vs. Constitutional morality can use laws and forms to impact and change the persisting social morality. According to article 213(2) of the Constitution, the ordinance remains in force for the period of six weeks from the time when assembly passes a resolution disapproving the same. The Apex Court Bench has very rightly pointed out the reasons for setting aside the judgment of the Rajasthan High Court as already discussed above in detail. Aristotle wrote that while monarchies were for the benefit of the monarchs and oligarchies for the benefit of men with means, democracies were for the benefit of men without means. Abolition of untouchability altogether its forms, as well as scavenging, remains an associate unsuccessful constitutional right “The issue of the rights of sweepers and scavengers has ne’er entered the thought legal consciousness within the country,” wrote Upendra Baxi in Law and Poverty: important Essays. Gandhi’s greater … The scope of constitutional morality. 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. 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. The legal challenges for section 118A of the Kerala police act, 2011 were not coming to an end or reaching to a conclusion. Democracy has evolved in many ways with time. True to his broad nature and keeping with the spirit of Vedanta, Swamiji’s dissection of Advaita Vedanta, while appealing to the intellect thanks to his piercing logic, lays emphasis on acknowledgement of the oneness of spirit and the need to rest the very foundation of the concept of religion on universalism. He was not the one to believe in a selfish, lifeless and inert pursuit of individual liberation. 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. Further, I will be dealing with the Nehruvian Approach which paraphrased the resolution regarding aims and objectives of the Preamble, including the criticisms to his draft resolution thereof. 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 the constitution of a country is regarded as a living organic document, its continued harmonious interpretation remains in progress to address the necessities of the time. Hence, the Hon’ble Supreme Court while deciding the matter beforehand upheld that Preamble can be amended, if not, then the harmony of the Constitution could be disturbed and unsettled. We are constrained to repeat our observation that the total approach of the High Court, unfortunately, was not sensitized enough to appreciate the plight of the victim. Victims and their families sometimes chose to commit suicide to get away from this problem. To encourage the dispute resolution through arbitration there is need to promote institutional arbitration in India. “Compliant participation” sounds like an oxymoron no matter how eloquently it is couched and postulated. His universalism was not the rootless kind which passes off as global citizenship today. But not for long. Constitutional morality is an important concept that is a part of the polity segment of the UPSC syllabus. Arbitration, with its inherent flexibility, has an important role in dealing with the fallout from coronavirus in the coming months and years. Contrarily, the statement of AW3 does not suffer from any evil of suspicion and is worthy of reliance. This has affected the society at a considerable level. This witness is a resident of Ghazipur in Uttar Pradesh. The Constitution defines the roles and responsibilities of the government and regulates the relationship between the government and the people governed. 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. For example, by abolishing the practice of Sati by legislation, the right to dignity and life was passed on to the widows which later on affected the perception of the practice in the society. Shukla began by elucidating the pressing need to locate constitutional morality in the Indian Constitution. The FIR recites that some of the injured including Sandeep Sharma were referred to BHU, Varanasi for treatment, even though as per the medical report this took place only on 26.03.2009, the day after the accident. Neither was against democracy, but both were against the idea of “majoritarian rule”. No clarification on wordings: The first ground through which the petitioner has challenged this particular ordinance that, the words used in the provision are not clearly defined. 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. Then what prevents any elected dispensation from arbitrarily curbing fundamental freedoms in the name of public order, health or morality or decency? Even media and other sections of the society are in favor to enforced this law and get it implemented in the state as soon as possible. The whole story of Section 118-A of Kerala Police Act took a very short span of time to get settled. The international conventions relating to arbitration require filing of original or duly authenticated copy of the award for enforcement. It is well-known fact that arbitration in India is predominantly conducted through the ad-hoc method and institutional method is not preferred. The strength or weakness of constitutional morality in contemporary India has to be understood in the light of a cycle of escalating demands from the people and the callous response of successive governments to those demands. The Indic civilization is, in fact, a living testament to the practicality of the vision because it is a product of this very worldview that accommodates within its bosom perhaps the most diverse agglomeration of sampradayas and panths, which the world knows as Hinduism. The High Level Committee in its report submitted different measures to promote India as the most preferred Seat of Arbitration including setting up of an autonomous body as the Arbitration Promotion Council of India. A somewhat similar situation arose in Dulcina Fernandes v. Joaquim Xavier Cruz (2013) 10 SCC 646 wherein this Court reiterated that: “7. Instead, as a matter of fact, the FIR No. These aid the adaptability of the proceedings to shift away from in person hearings and physical service/filing of documents to virtual hearings and e-service/e-filings. The evidentiary hearing is conducted at a private location. In a parliamentary democracy, the obligations of constitutional morality are expected to be equally binding on the government and the opposition. Mahatma Gandhi was not a big admirer of the parliamentary system. It is irrelevant whether the practise is rational or logical. Various people gathered at the spot who took out the injured from the car. The only foundation of a free constitution is pure virtue. There’s a demand to make MSP a legal right and criminalise any purchase of agri-produce outside government mandis. Privacy and confidentiality are hallmark attributes of arbitration. Yes. Not only victims, but their families are also affected due to this. The Motor Accident Claims Tribunal, Sikar (Rajasthan) is directed to recalculate the compensation amount accordingly. This is the key to managing the inevitable conflicts between different agents, each with their own personal agenda and absolute faith in their appropriation of popular sovereignty. The widespread use of information technology presents a real advantage over traditional litigation. Clearly, we have persisted with horribly wrong agricultural policies for far too long leading to a totally distorted market where no one except few middlemen prosper. Importantly, the corollary is that the rules of one school of philosophy or spirituality must not be applied to another to avoid the rigours of the choice one has made. The High Court, therefore, ought not to have shifted the burden of proof.”, Not stopping here, the Bench then also adds in para 24 that, “Further, little reliance can be placed on the contents of the FIR (Exh.-1), and it is liable to be discarded for more than one reasons. The reasoning given by the High Court to disbelieve Ritesh Pandey AW3, on the other hand, cannot sustain and is liable to be overturned. The statement quoted at the head of this article was one made by one of the “founding fathers” of this great nation. Further, the Hon’ble Apex Court held that in fact ‘Preamble is an integral part of the Constitution of India’. In short, everyone loses. Parties also may agree to certain forms of confidentiality after a dispute has arisen. Making MSP a legal right and criminalization of commercial transaction will be a seriously regressive step that will completely dilute the proposed laws. Issues remain, of course—technology failures, time differences, the challenges of virtual cross-examination, etc. After eight days of debates and discussions, the resolution was adopted on 22nd January, 1947 and came into effect from 26th January 2020. In the last piece, in examining the relationship between constitutional morality and public morality, this author had raised the following questions: ‘Given that public morality gives recognition to societal norms and is therefore meant to foster moral diversity, would it not be fair to contend that constitutional morality lies in recognizing the moral diversity enabled by public morality? Would it not follow that synonymizing public morality with a judicially-fashioned version of constitutional morality would lead to undermining the constitutional mandate of moral diversity? He was travelling in a car bearing registration no. He was a man of integrity and a God-fearing leader. In fact, his teachings on Vedanta through his lectures on the subject reveal that Swamiji’s take on Vedanta could serve as a key foundational building block for an Indic Renaissance i.e. B R Ambedkar too described democracy in India as “only a top-dressing” on an Indian soil “which is essentially undemocratic”. This is what reinforces the relevance of Swamiji and his teachings, for those whose hearts beat for this civilization as well as its message of universalism would do well to draw from Swamiji’s life and teachings and apply the lessons to their own lives and civilizational endeavours. 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 rejuvenation of Bharat as a living civilization which still has a lot to offer to the world. 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. Arbitration being a creature of contract between the parties, has the flexibility of being governed by the procedure agreed upon by the parties and in the absence thereof by the arbitral tribunal, including the procedures relating to use of technology. There are literally hundreds of founders’ quotes documenting their beliefs that religion and morality in government were of primary importance. 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. 11.7. In the absence of clarity and restraint, the application of constitutional morality would, in fact, lead to: The most disturbing consequence of the untrammeled use of constitutional morality by Courts would be that the role and the say of the society in laying down what constitutes public morality would stand completely ceded to a body which does not represent the will of the people and is a law unto itself on most matters relating to it. The panacea to the drowning future of the Arbitration is the promotion of the Institutional Arbitration in India. 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. Additional advocate general Ravindranath KK appeared before the court on behalf of government and informed the court that government was reconsidering the matter. These ‘Objectives Resolution’ were considered momentous for two reasons. 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. In 1846, when Grote wrote about the rise and fall of Athenian democracy, he explained that the diffusion of the sentiment of ‘constitutional morality’ throughout society is a prerequisite for a stable, peaceful and free society. However, it poses its own challenges, including for proper implementation of the virtual model keeping in mind the privacy and confidentiality. After several criticisms from different section of the society the CPM led LDF government on 24th Nov, 2020 decided to bring out an ordinance to withdraw the controversial amendment to the Kerala Police Act. The 2019 Amendments to the Arbitration and Conciliation Act, 1996 (“Act”) introduce section 42A and section 43K to the Act. Therefore it was decided that the notification will be implemented as of now and appropriate decision will be taken after having the detailed discussion with all the parties. There is nothing to suggest that the witness had any business dealings with the deceased or his family. He stated that secularism is based on the ‘principles of accommodation and tolerance’. The High Court ought not to have drawn any adverse inference against the witness for his failure to report the matter to Police. 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). Last month the recommendation was made to the Governor of Kerala by Kerala Cabinet to introduce this ordinance. After all, the history of every organ is in the public domain for members of the society to draw their own conclusions about their respective commitment to constitutional values. The Apex Court further held that the Preamble could be amended, however, subject to the condition that no amendment is done to the ‘basic features of the Constitution’. It follows that “public morality”, as used in the Constitution, has a specific meaning and role assigned to it, and is not to be conflated or synonymized with “constitutional morality”. But wrongful acts like defamation, intimidation are penalized under Indian Penal Code and are non-cognizable in nature. The new phrase ‘freedom of expression, faith, and worship’ was added to the Nehru’s Objectives Resolution. 4010-4011 of 2011 [Arising out of Special Leave Petition (C) Nos. It was observed by the court that the offence of ‘causing annoyance in an indecent manner’ suffers from the same type of vagueness and overbreadth. We thus see that the Supreme Court has once again reiterated like earlier that the standard of proof in motor accident claims cases is one of preponderance of probabilities rather than beyond reasonable doubt. 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. Alternate dispute resolution systems such as arbitration, stand on a different footing than litigation in the judicial system. Specifically women or transgender community has faced lot of harassment through social media platforms. 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. He insisted that for India’s democracy to succeed, the Congress should convert itself into a lok sevak sangh and work at the grassroots level. A simple economic analysis of such a measure will tell us that prohibiting purchase of agriculture produce below MSP, especially through criminalization of such act could leave millions of farmers without an avenue to sell and possibly divert tax payers money for the benefit of traders and corporations. This would mean that not only farmers get mere pittance for his produce, the government also does not generate any revenue. The reference of the decision passed by the Supreme Court in Shreya Singhal vs Union of India was taken by the petitioners where the top court pointed out that probability of certain categories of speech being an insult, inconvenience and nuisance cannot be a reasonable restriction on speech. This caveat assumes importance when understood in the backdrop of ongoing controversies such as the Sabarimala Ayyappa Temple Entry case. He left behind a widow, two minor children and a mother; all of whom were dependent on him.”, As it turned out, it is then brought out in para 5 that, “Sandeep’s dependents filed a claim petition for Rs 60,94,000 (Rupees sixty lakhs and ninety four thousand) on 26.08.2010 alleging, inter alia, that he died as a result of the injuries suffered in the above mentioned accident of 25.03.2009, which occurred due to the rash and negligent driving of Sanjeev Kapoor who was the owner-cum-driver of the car in which Sandeep was travelling (hereinafter, “owner-cum-driver”) and the insurer of the car New India Assurance Co. Ltd. (hereinafter “insurance company”) were impleaded as party respondents.”, Be it noted, it is then stated in para 11 that, “At the outset, it may be mentioned that some material facts which have a direct bearing on the fate of this case, have escaped notice of the High Court. 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