2021 Strategic and Political Analysis-1

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chetak
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Re: 2021 Strategic and Political Analysis-1

Post by chetak »

ramana wrote:
Justice Chandrachud is erroneous. SC's role is not to be the counter-majoritarian, but to look at the law.

That role is for Opposition politicians. If he wants to be the Opposition then he should contest in elections.
Not sit in SC and subvert the Constitution for Judiciary role is not politics.
If his argument is that anti-terror laws suppress dissent then the terrorists should eschew terrorism and violence.
Its this judicial ambivalence of being with the hares(govt) and running with the dogs of war(urban Naxals) is troublesome.
didn't say anything because of the involvement of very senior hizzonners.
arshyam
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Re: 2021 Strategic and Political Analysis-1

Post by arshyam »

So is the narrative finally turning against whatever Mamata stands for? That it required an NHRC report and not extensive media coverage shows the level of our so-called free press. All anti-establishmentarianism is reserved only when Narendra Modi or BJP is the establishment, others can do pretty much whatever they want and will get a free pass. Shame on the fourth estate.

To their credit, the NHRC report seems to be scathing and has pulled no punches. Let's see what the judiciary (if there are any judges left after multiple recusals) does with it.

NHRC Slams Trinamool Govt Over Post-Poll Violence, Recommends CBI Probe And Trials Outside Bengal - Swarajya
A seven-member team of the National Human Rights Commission (NHRC) set up by the Calcutta High Court to probe post-poll violence in Bengal has come out with a scathing indictment of the Mamata Banerjee government in the state.

The NHRC team observed that the ‘law of the ruler’ exists in Bengal instead of the ‘rule of the law’. It recommended that the CBI be asked to prove heinous offences like rape, sexual molestation and murder, and that the trial of the cases being probed by the CBI be held outside the state.

The rights body, in an annexure to its report, listed senior Trinamool minister and close Mamata aide Jyotipriya Mullick, Trinamool MLAs Partha Bhowmick and Saokat Molla, former Trinamool councillor Jiban Shah, Trinamool Youth Congress leader (and close aide of Abhishek Banerjee) Jahangir Khan, and Mamata Banerjee’s election agent at Nandigram Sheikh Sufiyan as ‘notorious criminals and goons’.

The NHRC also recommended the setting up of a High Court-monitored Special Investigation Team (SIT), fast track courts for speedy trials of the cases, institution of witness protection scheme for those filing complaints against Trinamool functionaries and hired goons, adequate compensation to all victims of political violence and setting up of a monitoring body to ensure that all recommendations made by the High Court are implemented.

The NHRC team, in its 50-page report, said at least 1,934 police complaints (of political violemce) were lodged in the state between May 2 and June 20, including 29 complaints of murder, 12 of rape and sexual assault and 940 of loot and arson. Out of the 9,304 people named as accused, less than 3% are currently in jail.

The team noted: “The situation in the state of West Bengal is a manifestation of law of ruler, instead of rule of law”.

“It is indeed ironical that, in the land of Rabindranath Tagore...thousands of its citizens have been subjected to murder, rape, displacement and intimidation, etc. in the last couple of months,” the NHRC team noted.

The NHRC team also compiled and submitted a list of 13 ‘delinquent police stations’ in Cooch Behar, Birbhum, South and North 24 Parganas and Howrah that refused to accept complaints from victims of political violence or did not carry out fair investigations into the complaints.

Noting the Trinamool government’s “appalling apathy” to the plight of victims (of political violence), the NHRC report said: “The spate of violence shows a pernicious politico-bureaucratic-criminal nexus. This was retributive violence by supporters of the ruling party against supporters of the main opposition party. It resulted in disruption of life and livelihood of thousands of people and their economic strangulation. The local police have been grossly derelict if not complicit in this violence”.

The NHRC team visited 311 spot visits over 20 days and held sittings in Kolkata, East Midnapore, Howrah, East Burdwan and Murshidabad. It examined 1979 complaints, including 57 from the National Commission for Women and 18 from the West Bengal Human Rights Commission.

The NHRC sent 582 complaints to the state police chief following which 137 FIRs were registered. The team noted that at many places, complainants were under pressure from the police to withdraw their complaints.

The Calcutta High Court had asked the NHRC on June 18 to probe post-poll violence in Bengal.

The report also said that out of the 9,304 accused cited in the FIRs only 1,354 (14 per cent) have been arrested and, out of these arrested, 1,086 (80%) are already on bail. “Thus, overall speaking, less than 3% of the accused are in jail, while 97 per cent are out in the open, making a mockery of the whole system,” the report stated, adding that police didn’t have the courage to take action against goons belonging to the ruling dispensation.

Hence it is recommended that all heinous crimes, including murder, unnatural deaths, rape and grievous hurt, and complaints carrying these allegations should be transferred to the CBI,” the NHRC recommended, adding that the trial of all the above cases investigated by the CBI should be held outside the state.

It also suggested a court-monitored special investigation team with a special public prosecutor, trial in fast track courts, deployment of central forces, and reforms in police. “This may well be the death knell for democracy in this great nation. It is high time that the rot is stemmed and this trend is reversed in the interest of having a vibrant democracy in this nation,” the NHRC team said in its report.
arshyam
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Re: 2021 Strategic and Political Analysis-1

Post by arshyam »

Narendra Modi, to his credit, fully cooperated with the SIT set up to investigate the Gujarat riots, even though the overall atmosphere was against him at that time. But I don't recall him complaining about travelling to (was it Rajasthan?) attend these day-long interviews - I guess his belief in Satyameva Jayate kept him steadfast. I mention this now because I can't help but admire him even more - unlike WB of today, where the media is being bashful in talking about the post-poll violence, back then the entire media apparatus, aam public that followed the same media (myself included), body politic including from within his own party, not to mention a downright hostile central govt that didn't think twice before allowing even foreign governments to investigate him - all were out to "get Modi". Yet, the man triumphed, and hasn't done any grandstanding about it. None. He simply went on with his work, and got rewarded in spades. As one of my friends had put it back then, it was a quality of great leadership.

One wonders how will Mamata deal with the fallout of this report - CBI investigations and trials outside the state. Will the Calcutta HC really push that far?
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Re: 2021 Strategic and Political Analysis-1

Post by Prem Kumar »

Himanta is turning out to be the Yogi of Assam!

https://indianexpress.com/article/north ... s-7406815/
Vips
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Re: 2021 Strategic and Political Analysis-1

Post by Vips »

What is also required is to systematically go after and demolish illegal construction and semi legal construction on occupied land by Criminals and their foot soldiers. This has been used very very effectively in UP and MP and there are various you tube clips you can see where these once terrorizing criminals and their family members are practically crying and pleading to not demolish their properties.

Forget the main bosses in UP (Mukhtar Ansari and Ateeq Ahmed) their minions and foot soldiers were lording over multiple illegal properties worth ten's of crores. To date more then 600 Commercial plazas/Huge Bungalows have been demolished in UP.
chetak
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Re: 2021 Strategic and Political Analysis-1

Post by chetak »

This is called a progressive state.

Lockdown restrictions will be relaxed on July 18, 19 & 20 as part of Bakrid. Apart from shops selling essential items in the A, B & C categories, permission will be given to open textile shops, footwear shops, electronics shops, fancy shops & jewellery shops till 8 pm: Kerala CMO
via@ANI · 3h
chetak
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Re: 2021 Strategic and Political Analysis-1

Post by chetak »

The implementation of this bill has the potential to derail a number of politicians.

The first on the list being khujliwal and next, the punjab govt run by the congis.

The opposition parties are up in arms and are orchestrating "public" demonstrations against this bill



Explained: Woes Of Indian Power Sector As Employees Decide To Strike On 10 August Against Electricity Amendment Bill


Swarajya Staff
Jul 15, 2021

The Electricity (Amendment) Bill 2021proposes changes which seek to correct the inefficiencies that are dragging down power discoms.

In that regard, the bill is about ensuring discipline at the level of the state, and therefore, there will always be opposition and questions raised.



The Issues Of Power Sector

The power sector can be segmented into three parts — generation, transmission, and distribution. The electricity is produced through various sources of energy (thermal, hydro, nuclear, solar etc.)

Next, a transmission grid carries high voltage power from the generation plants to the distribution sub-stations. From the sub-stations, this electricity is transmitted to individual consumers through a distribution network. These are operated by power distribution companies (discoms), which are mostly state-owned.

The financial health of discoms is a major concern. They have high level of debt and have been running losses for the past several years. Currently, the state-owned discoms reportedly make a loss of Rs 0.41 for every unit of power supplied. The overdue payment to generation companies has also increased from Rs 57,352 crore in March 2019 to Rs 94,598 in March 2020.

In an episode of the Bharatvaarta podcast series, Mudit Jain (Head of Research, Tata Cleantech), explains that while generation and transmission are also not free of faults, the major bottleneck comes in the distribution segment, which is where the all the monetisation of power plants finally happens. He says that discoms transfer stress to both the generation and transmission companies.

What Does Electricity (Amendment) Bill 2021 Propose?

Electricity is a subject in the concurrent list of the Constitution. Currently, Electricity Act, 2003 is the central law regulating the electricity sector. It provides for electricity regulatory commissions at both the central and state levels (CERC and SERCs). These commissions regulate and determine tariff; issue licenses for transmission, distribution, and electricity trading; and adjudicate upon disputes, within their respective jurisdiction.

As per the Ministry of Power, the Electricity (Amendment) Bill 2021 seeks to address critical issues which have weakened commercial and investment activities in the electricity sector.

The major proposed changes brought by the bill are:

—A separate Electricity Contract Enforcement Authority (ECEA) which would adjudicate on issues relating to contracts between a generation company and other licensees; while matters related to tariff continue to be adjudicated by concerned SERCs and CERC.

—A common selection committee to recommend appointments to all SERCs, CERC, Appellate Tribunal for Electricity (APTEL), and ECEA.

—While the 2003 Act provides that the tariff for the retail sale of electricity should progressively reflect the cost of supply, the Bill states that tariff must reflect the cost of supply.

—State governments must determine tariff for the retail sale of electricity without accounting for the government subsidy, and subsidy must be provided directly to consumers.

—Cross-subsidy should be reduced in the manner provided in the National Electricity Tariff Policy prescribed by the central government. Initially, the bill proposed a flat tariff for all and the state governments paying direct subsidy to the target groups like farmers. This provision faced opposition from the states, and the government has now decided to change it to restricting cross-subsidy to 20 per cent.

—Supply agreement between a generator and a distribution licensee may require adequate payment security, and if adequate payment security is not been provided by the distribution licensee, the load dispatch companies are prohibited from dispatching electricity.

—The bill empowers the central government to formulate a National Renewable Energy Policy in consultation with state governments. The central government can also prescribe a minimum percentage of purchase of electricity from renewable and hydro sources of energy. The SERCs will specify RPO as may be prescribed by the central government and the licensees can be penalised for non-compliance.

Assessment of The Bill

Jain says that one good thing about the bill is that the tariff adoption will be within 60 days.

Another laudable aspect is with regards to the renewable energy. Currently, states have the freedom to specify their own RPOs, this will now become centre's responsibility.

Jain also praises the step to make it a responsibility of the state load dispatch centres (SLDs), instead of the generators, to stop the transmission if the contract requirements are not met. He says that it is very hard for the generators to stop the transmission as they are a part of the business ecosystem which they are supposed to keep running.

The contract enforcement authority is also a step in the right direction, as a lot of stress can be attributed to governments reneging on the contracts. Jain gave the example of Andhra Pradesh government deciding to renegotiate on PPAs for solar energy, and the matter being caught up in the slow-moving judicial system. Under the bill, all such disputes have to settled by the ECEA within a span of 120 days.

"The most important reform here is with respect to the subsidy transfer," says Jain. He lauds the step to transfer subsidies directly to consumers, instead of the discoms. He points out its various benefits:

One, discoms will not have to continue to make losses as the state governments will transfer the subsidy at the start of each year to respective accounts (electricity accounts not bank accounts) and discoms will not have to wait for the subsidies that usually come at the end of the year

Two, discoms will not have to keep increasing the tariff for CNI consumers for cross subsidisation;

Three, it will open up the open access sector which is marred by various regulatory issues, and allow the discoms to appoint sub licensees to cover new areas.

Jain also lauds the statement made by the power minister that a clause will be included in the bill that SERCs can be automatically removed if they do not uphold the law and pass regulations accordingly. He says that SERCs are today performing as an extended arm of the government rather than as a quasi-judicial body.


Rajat Seksaria (CEO - Acme Solar) says that the bill is about ensuring discipline at the level of the state, and therefore, there will always be questions raised about encroachment into state's domain. He says that enforcing discipline on the state governments is necessary as discoms are controlled by them and are a major pain point for the whole power sector.

However, the state government, particularly led by the opposition parties have opposed the bill.

Seksaria says that steps taken by one state can decide the sentiment of the developers across the country. He also lauds the step for a unified selection committee to reduce the politicisation of the appointment process of the members of the regulatory commissions.

The union government had in May 2020 announced its plan to privatise the discoms in Union Territories (UTs), and Chandigarh was the first UT to issue notice inviting bids for the same.

Jain says that the step was meant to ensure higher billing and collection efficiencies. However, he says, that the example of Chandigarh is in front of us where the High Court has stayed the tender process. Seksaria says that the court intervention in an early stage can be seen in a positive light as the law can quickly pass through India's check and balance system with which it inevitably has to deal with.

https://www.youtube.com/watch?v=XC1f-9wX-AY

Power Sector in India - Way Ahead | Rajat Seksaria | Mudit Jain




India's power sector is going through major transformation. A focus on clean and sustainable power generation sources has been driving this transformation over the last few years. Increasing urbanisation and industrialisation in the coming decades will mean that India will need access to reliable and clean power. As of September 2020, India's renewable capacity stood at 89.22 GW with a target of 227 GW by FY22.

In this episode we have Mudit Jain (Head of Research - Tata Cleantech) and Rajat Seksaria (CEO - Acme Solar) talk to Srivatsa Subbanna about the challenges facing the distribution companies and why they continue to be loss-making, they then talk about the opportunities in the renewable sector and how the sector has evolved over the last decade. They then talk about the amendments to the Electricity act and how the government is looking to solarize agriculture potentially adding to new capacity generation and end with sharing their thoughts on the way ahead when it comes to the privatisation of discoms.

This episode is a fascinating deep-dive into the power sector, its structure and how the entire industry has gone through a transformation and how the changes could shape the industry over the coming years.

The podcast is available on YouTube, Apple, Google, Spotify, Breaker, Stitcher, and other popular platforms. If you liked this episode, then please rate, subscribe and share!
#Bharatvaarta #BVPolicy #IndianPowerSector

00:00:00 - Introduction
00:02:12 - Current issues with the power sector in India
00:06:25 - Why are discoms continuing to lose money?
00:10:56 - How have things changed in the power sector in the last 5-6 year?
00:20:46 - Renewables; How has the sector progressed?
00:27:18 - Roadblocks for progress of renewables
00:31:44 - What needs to be done to promote solar?
00:39:33 - Can India become a manufacturer of solar panels?
00:44:34 - New Electricity Act: Detailed analysis
00:56:27 - KUSUM program and the way ahead for agriculture
01:01:19 - Privatisation of discoms in Union Territories
01:07:53 - Things to look forward to when it comes to the Power Sector
01:12:11 - Conclusion
vimal
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Re: 2021 Strategic and Political Analysis-1

Post by vimal »

Reuters journalist Danish Siddiqui killed covering clash between Afghan forces, Taliban

Poor sod, maybe he thought that his green biraders will spare him due to his greeness. But unfortunately when all is green there will only be red.

For those who do not know him, he is the photo-journalist who used drones to take pictures of Delhi crematorium during Covid and spread it across the world. Also, the one famous for taking pictures of one sided hindus to show them as aggressors when the reality was the opposite. Most recent one one from the Shaheen bagh riots where is excellent camera work was trained on only Hindus.

Irony was when the picture of his dead body was posted on twitter, lefties were hurt because it was against human dignity at the time of death.
Last edited by vimal on 17 Jul 2021 00:20, edited 1 time in total.
Ashokk
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Re: 2021 Strategic and Political Analysis-1

Post by Ashokk »

Gujarat: BJP turns table on AIMIM, Congress, independent alliance
VADODARA: BJP turned the tables on the alliance of AIMIM, Congress and independent corporators in the Godhra municipality on Thursday. Municipality president and independent Corporator Sanjay Soni deserted the alliance and joined the BJP.
The civic polls in Godhra have been dominated by independents and the BJP has had to rely on them to form a majority despite winning a large number of seats. The Asaduddin Owaisi-led All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) that had entered the poll fray for the first time, along with independents, did not allow the saffron party to come to power this time around.
In the 44-member municipality, BJP had won on 18 seats, AIMIM bagged seven and Congress got one seat. The remaining 18 seats went to independents.
BJP was looking to form a majority with the support of independents, but that did not happen and AIMIM, Congress and 17 independent corporators came together to form an alliance. The group got the majority and Soni was elected as the president. However, earlier this month, things started boiling again when chairpersons of various committees of the municipality were to be appointed.
The ruling group decided to postpone the meeting as a mark of respect to late actor Dilip Kumar.
The BJP argued that tribute could have been paid in the meeting itself and work could have continued. The BJP members held the meeting and three independents supported the move. It is believed that the real reason for the postponement of the meeting was squabbling amongst the members of the ruling alliance. There were many claimants for various key posts.
Sources said that Soni was frustrated with the state of affairs and decided to join the BJP. “I decided to stay away from controversies and joined the BJP,” he said. Soni added that he believed that with the town needed development and he could contribute to it. Soni claimed that some more corporators would join the BJP soon.
AIMIM corporator and one of the key members of the party since its inception in the town, Hanif Kalandar, said that he came to know about Soni’s joining BJP only on Thursday. “I have been hospitalised since five days,” he said.
The candidates from the minority community prefer contesting as independents in Godhra. In wards dominated by the community, BJP does not put up candidates on its symbol. Congress too contests on a limited number of seats. AIMIM had contested the polls for the first time in the town on eight seats and won seven of them.
The BJP already had the support of 21 corporators when it held the meeting to appoint chairpersons of the committees of the municipality. With Soni, it has reached the half-way mark. If Soni can keep his commitment of bringing more corporators, the BJP will return to power.
Ambar
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Re: 2021 Strategic and Political Analysis-1

Post by Ambar »

Rajnath Singh meets with defense chiefs, NSA and surprisingly even the former defense ministers AK Anthony and Sharad Pawar ! Wonder what is brewing ?
chetak
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Re: 2021 Strategic and Political Analysis-1

Post by chetak »

Another (twitter like) ameriki company that was playing games with Indian regulators paid the price today.

what's wrong with these guys, don't Indian companies follow ameriki laws without question

amex and diner's club have already suffered the same fate earlier


Image
chetak
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Re: 2021 Strategic and Political Analysis-1

Post by chetak »

Ooh, dear lord...

Justice Chandrachud said that pandemic requires that we engage collectively.

He said that one is never too small to effectuate "Big Change" & cited Greta Thunberg, adding that she is one of the strongest voices in civil society.

https://english.lokmat.com/politics/nob ... hunberg-1/
arshyam
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Re: 2021 Strategic and Political Analysis-1

Post by arshyam »

The more I read about his statements, I can't help but wonder what minimal legal qualification is expected of our judges? I ask this since unlike our elected representatives, we the people have neither oversight nor insight into judicial appointments, and many of them seem to be second or even third generation judges.
arshyam
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Re: 2021 Strategic and Political Analysis-1

Post by arshyam »

Does anyone know what changes Ms Thunberg brought about that Justice Chandrachud seems so enamoured of?
arshyam
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Re: 2021 Strategic and Political Analysis-1

Post by arshyam »

Explained: How The Scope Of 'Sedition Law' Has Changed Many Times Since 1870 - Swarajya

A good summary of how this law evolved over time. But the time for it to be struck off has come. A narrow but strong law to protect the territory of India, and one to cover incitement to violence should do, and the burden of proof for such offences should rest on the government. The current provision as it exists is way too broad and has mostly been misused ever since it was made a cognizable offence in 1973.
Vips
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Re: 2021 Strategic and Political Analysis-1

Post by Vips »

chetak wrote:Ooh, dear lord...

Justice Chandrachud said that pandemic requires that we engage collectively.

He said that one is never too small to effectuate "Big Change" & cited Greta Thunberg, adding that she is one of the strongest voices in civil society.

https://english.lokmat.com/politics/nob ... hunberg-1/
If this is not an open message to curry favor with the George Soros led forces then what is? I hope BJP is ready with an effective counter to this disaster soon to be inflicted on Bharat varsh.
KL Dubey
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Re: 2021 Strategic and Political Analysis-1

Post by KL Dubey »

^^Why do people on BRF keep repeating immature arguments. Checks and balances apply to the judiciary as much as they do to the executive. Ordinances can always be promulgated and renewed as needed. And as a backup, the NDA commands a majority in the legislature - either to amend laws that effectively annul a SC judgement, or to remove a judge for any anti-national or irresponsible judgements.

Pres. K Ramanathan (or the next president) will certainly support in signing ordinances, bills, and selection of CJI. He is NOT bound to nominate Chandrachud as CJI, he can always find someone else. There is nothing in the constitution that binds the President to nominate the seniormost judge as CJI, and there are precedents for selecting someone else.
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Re: 2021 Strategic and Political Analysis-1

Post by Ashokk »

Son a Union minister, but L Murugan’s independent mom and dad toil in fields
KONUR (NAMAKKAL): As the sun blazed down on her, L Varudammal, 59, plucked weeds and cleared bushes in a field at Konur village of Namakkal district. She was dressed in a red sari, a shabby white shirt buttoned over her choli and a red towel wrapped around her head. In another field, her husband, Loganathan, 68, shoveled sand and levelled the ground.
Far from celebrating their son becoming a Union minister, L Murugan’s parents continue to toil in the fields. The couple prefer a life independent of their son, earning their daily bread by the sweat of their brow.
When TOI visited Konur on Saturday, the village landlord gave her permission to talk. Varudammal approached hesitantly and said, “What should I do if my son becomes a Union minister?” Proud as she is that her son is part of the Narendra Modi cabinet, she refuses to take any credit for it. “We didn’t do anything for his (career) growth.”
The couple, both hailing from the Arunthathiyar community, a dalit subsect, live in a small asbestos-roofed dwelling near Namakkal, a wellknown truckers’ hub. The couple are coolies, daily-wage earners, who work in fields and wherever else they can find jobs. The fact that their son is Union minister of state is of little consequence.
When they heard the good news from neighbours, they were busy working in the fields and did not stop.
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Re: 2021 Strategic and Political Analysis-1

Post by kit »

Chandrachud in line for CJI does not necessarily mean he would be CJI ?

"The Constitution of India does not mention any procedure for appointing the CJI. ... Clause (2) of Article 124 of the Constitution says that every Judge of the Supreme Court shall be appointed by the President. Thus, in the absence of a constitutional provision, the procedure to appoint CJI relies on convention."

The Memorandum of Procedure (MoP)

The Union Law Minister initiates the procedure by seeking the recommendation of the outgoing CJI at an ‘appropriate time’, as per the MoP. If the incumbent CJI has any doubts about the fitness of the senior most judge to hold the office of the Chief Justice of India, he can consult the collegium.

“The Law Minister will put up the recommendation to the Prime Minister who will advise the President in the matter of appointment,” the MoP reads. The MoP is silent about a situation when the government disagrees with the incumbent CJI’s recommendation.

Exceptions

Justice Ramana will be the 48th Chief Justice of India since the establishment of the Supreme Court in 1950. The conventional procedure was followed in all cases, with two notable exceptions – Justices AN Ray and MH Beg, who became CJIs during the tenure of Indira Gandhi as Prime Minister in the 1970s.

In the first exception, Justice AN Ray was appointed as CJI in 1973 despite being fourth in seniority after Justices JM Shelat, KL Hegde and AN Grover. The reason cited was the involvement of three judges in the landmark Kesavananda Bharati case of 1973, which had held that Parliament cannot make amendments to the Constitution that would alter its `basic structure’.

In the second instance, Justice MH Beg was appointed as the CJI in 1977 despite Justice HR Khanna being the senior Judge. Famously, in 1976, Justice Khanna had pronounced in the ADM Jabalpur case that he did not agree with the government’s argument that detention of persons during the Emergency cannot be questioned, even if mala fide and without the authority of law.


https://www.moneycontrol.com/news/trend ... 38741.html
Yagnasri
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Re: 2021 Strategic and Political Analysis-1

Post by Yagnasri »

There is a Kuldeep Nayyar book on the first case called "Supersession of Judges" which one should read. I am not a fan of him, but this book mostly contains what happened at that time.

The entire appointment of SC and HC Judges as it is today is not at all in line with the constitution of India. SC Judges created a system wherein there is no role, either direct or indirect to the elected representatives. I am not sure that is there in anyone's mind when our Consitution was approved.
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Re: 2021 Strategic and Political Analysis-1

Post by Tanaji »

There is zero appetite in Modi sarkar to change the status quo regarding CJI appointments. They will grin and bear the pompous pronouncements from hizzoners.

Frankly I don’t think the GoI has any leg to stand on in objecting just because they don’t like Chandrachuds views. The issue is far beyond Chandrachud and is regarding judicial overreach. The current Indian judiciary think of themselves as self appointed zamindars whose word must be obeyed and if not, get beaten up at the threat of contempt of court. Application of constitution or law has little to master for them, it is whatever personal dogma or interest they believe in.

This nest is almost impossible to clean and certainly not with Modi sarkar.
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Re: 2021 Strategic and Political Analysis-1

Post by Pratyush »

Personally I don't really worry about the so called judicial overreach. Because the executive has shown sufficient will to stand up to the judiciary where the judiciary has tried to enter the domain of the executive.

Any comments that are outside the scope of the Indian constitution or any of the laws can be ignored if they are not a part of the judicial record. Where they do become a part of the judicial record. They can always be expunged. Failing which. The judge can always be impeached.

So be smart and don't get in fights with the judiciary.
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Re: 2021 Strategic and Political Analysis-1

Post by Tanaji »

I agree there is no point in getting in a fight with the judiciary. But chances of impeaching a SC judges are zero as well. Since a SC judgment has the force of law and if a SC makes judgments that are guided by his own beliefs than the constitution, the government is going to be in a bind…

In the meanwhile we have this:

Image
kit
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Re: 2021 Strategic and Political Analysis-1

Post by kit »

Thats SuSu upto his usual tricks ( i hope) , there will be no list
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Re: 2021 Strategic and Political Analysis-1

Post by Ambar »

Unsurprising that SuSwamy is the only one from the ruling party or its supporters who has joined the "dyed in the wool" BIF journalists like Rohini Singh, Burqa Dutt, our General Admiral Field Marshal Pravin Sawhney and other BIFs about this news on phone tapping. And given the well-known motive and political leanings of the commie Guardian and the Pravda on the Potomac WaPo, he quotes those newspapers as the source, and not just that but had a 24 hr advance notice about what was coming out the next day. And then people are surprised when SuSwamy is kept far away from the corridors of power be it by the UPA or NDA.
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Re: 2021 Strategic and Political Analysis-1

Post by Ambar »

kit wrote:Thats SuSu upto his usual tricks ( i hope) , there will be no list
There could be for all i care. When the entire BIF ecosystem begins trending a "explosive news" more than 24 hrs before it comes out you know that the source of this news has ulterior motives and were hence preparing ground. We should be prepared for many such "news" the next 3 years as the election gets closer.
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Re: 2021 Strategic and Political Analysis-1

Post by fanne »

SUSU can show some self respect (and conviction) and resign his RS seat in protest, the seat that was bestowed to him by the largesse of the ruling dispensation, whom he is accusing.
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Re: 2021 Strategic and Political Analysis-1

Post by fanne »

Imagine if this clown was any minister and everyday come with some hairbrained idea that went against the govt. This govt would lose legitimacy within a month. And this clown is fully capable of this.
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Re: 2021 Strategic and Political Analysis-1

Post by vijayk »

fanne wrote:Imagine if this clown was any minister and everyday come with some hairbrained idea that went against the govt. This govt would lose legitimacy within a month. And this clown is fully capable of this.
I fell for his tricks in the beginning. He was being set up to infiltrate. The question is who controls him or is he just all by himself!
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Re: 2021 Strategic and Political Analysis-1

Post by eklavya »

ramana wrote: Justice Chandrachud is erroneous. SC's role is not to be the counter-majoritarian, but to look at the law.

That role is for Opposition politicians. If he wants to be the Opposition then he should contest in elections.
Not sit in SC and subvert the Constitution for Judiciary role is not politics.
If his argument is that anti-terror laws suppress dissent then the terrorists should eschew terrorism and violence.
Its this judicial ambivalence of being with the hares(govt) and running with the dogs of war(urban Naxals) is troublesome.
Justice DY Chandrachud’s speech:

NEW CHALLENGES AND SHARED INTERESTS BETWEEN U.S. AND INDIA
“Role of the Supreme Court in protecting fundamental rights in challenging times”

CONCLUSION
The role of the Indian Supreme Court and its involvement in aspects affecting the daily lives of the population of India cannot be understated. While being acutely aware of this responsibility, the judges of the Supreme Court of India are careful to maintaining the separation of powers. Many of its interventions have changed the course of Indian history - be it in protecting civil and political liberties which cast a negative obligation on the State or in directing the’ State to implement socio- economic rights as affirmative obligations under the Constitution. While some have termed these interventions of the Indian Supreme Court as “judicial activism” or “judicial overreach”, the Court plays the role of a counter-majoritarian institution and it is its duty to protect the rights of socio-economic minorities. As the guardian of the Constitution, it has to put a break where executive or legislative actions infringe fundamental human rights. Even in the context of the separation of powers, the scheme of checks and balances through supervision results in a certain degree of interference by one branch into the functioning of the other. As Aileen Kavanagh has said “the dogma of a strict separation of functions contrasts sharply with the actual constitutional distribution of powers as well as constitutional practice and reality.” Instead of imagining separate branches of government isolated and compartmentalized by walls between them, we should view their working taking effect in a complex interactive, interdependent and interconnected setting where the branches take account of and coordinate with the actions of the other. The Supreme Court has used various methods in holding the executive and legislature accountable, whether it is by striking down a law and ruling on its unconstitutionality, or by restraining to intervene in certain matters of policy or through its deliberative approach of making the executive and legislature aware of the constitutional implications of the decisions at hand. The Supreme Court has to act in furtherance of its role as sentinel on the qui vive and respond to the call of constitutional conscience and it is this role that prompts it to address the challenges of the 21st century, ranging from the pandemic to the rise of intolerance, features which we find across the world.

I would once again like to thank the American Bar Association for inviting me to this conference and hope that these challenging times are faced through the combined strength of the legal relationships and shared values of India and the US.
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Re: 2021 Strategic and Political Analysis-1

Post by sudarshan »

I don't get it. The alleged news is that an Israeli firm was hired to tap phones of members of the Modi govt.? How does this reflect badly on Modi?
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Re: 2021 Strategic and Political Analysis-1

Post by fanne »

vijayk wrote: I fell for his tricks in the beginning. He was being set up to infiltrate. The question is who controls him or is he just all by himself!
you do not have to be an Einstein to figure the answer to this question. The question is why/how the BJP brass fell for it and gave RS ticket (maybe a ploy to blunt some outside interest?). Is there a group within BJP that lets people like Sudheera Kulkarni or SUSU be appointed (the real sabotage group)? Or is it some psychological complex (among a group of people near power), that needs validation from the opposite side or has a wrong notion of what dharma is- like turn the other cheek, or listen to all POV (even if it comes from a traitor).....
Something is wrong and needs to be fixed. With NAMO it did not work but with Advani ji it did. Why have a snake in your bed - it will eventually bite
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Re: 2021 Strategic and Political Analysis-1

Post by fanne »

sudarshan wrote:I don't get it. The alleged news is that an Israeli firm was hired to tap phones of members of the Modi govt.? How does this reflect badly on Modi?
Sir, you (metaphorical you) maybe then one of the people following SuSu (because he talks with a forked tongue and you only listen to what is coming from one side of his mouth - either gullibly or some subconscious reason (like India is bad, all leaders will sell the nation down so I have to listen to all contrarian view). Please note I am not pointing at you, but millions of his followers (who have their heart at the right place, but their mind...less said the better).

He is alleging that Modi Sarkar has hired the Israelis. Similar to how AAP once wanted these equipment to monitor work of Delhi govt (and by extension GOI - do not know what happened to it). He is a RS member (from BJP no less), and was openly lobbying to be minister in the current reshuffle.
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Re: 2021 Strategic and Political Analysis-1

Post by Ambar »

Why was he given a RS seat will remain a mystery forever but i guess it was to placate his small but vocal army of supporters, and sometimes it is best to have such rabble rousers inside the fort walls than outside. Jayalalitha saw through him and pulled the curtains on his political career, after spending a decade and a half in obscurity filing cases (most of the times purposefully without substantial evidence) , he found a rebirth of sorts on twitter. These days he plays the role of an economist, political analyst, defense expert, a pundit on dharmic matters, agricultural expert etc all on twitter. I don't think its a coincidence that he joined the gallery of BIF carnival barkers about this "explosive news" on phone tapping, he was privy to the information likely because he is a part of the same forces that wants to attack the government from all directions. I stopped following him a while ago, but he along with Togadia were working on drawing a wedge between VHP and RSS , he is truly the manchurian candidate in more ways than one.
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Re: 2021 Strategic and Political Analysis-1

Post by sudarshan »

fanne wrote: Sir, you (metaphorical you) maybe then one of the people following SuSu (because he talks with a forked tongue and you only listen to what is coming from one side of his mouth - either gullibly or some subconscious reason (like India is bad, all leaders will sell the nation down so I have to listen to all contrarian view). Please note I am not pointing at you, but millions of his followers (who have their heart at the right place, but their mind...less said the better).

He is alleging that Modi Sarkar has hired the Israelis. Similar to how AAP once wanted these equipment to monitor work of Delhi govt (and by extension GOI - do not know what happened to it). He is a RS member (from BJP no less), and was openly lobbying to be minister in the current reshuffle.
Thanks for the response. I have no particular love for SuSwa. But his tweet was ambiguous about who hired that Israeli firm, I interpreted it to mean that some foreign agency had hired that firm to spy on Modi and his govt. That's why I was confused.
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Re: 2021 Strategic and Political Analysis-1

Post by vijayk »

sudarshan wrote:
fanne wrote: Sir, you (metaphorical you) maybe then one of the people following SuSu (because he talks with a forked tongue and you only listen to what is coming from one side of his mouth - either gullibly or some subconscious reason (like India is bad, all leaders will sell the nation down so I have to listen to all contrarian view). Please note I am not pointing at you, but millions of his followers (who have their heart at the right place, but their mind...less said the better).

He is alleging that Modi Sarkar has hired the Israelis. Similar to how AAP once wanted these equipment to monitor work of Delhi govt (and by extension GOI - do not know what happened to it). He is a RS member (from BJP no less), and was openly lobbying to be minister in the current reshuffle.
Thanks for the response. I have no particular love for SuSwa. But his tweet was ambiguous about who hired that Israeli firm, I interpreted it to mean that some foreign agency had hired that firm to spy on Modi and his govt. That's why I was confused.
All his focus now a days is Modi w/o coming out openly. He lobbied hard for FInance ministry until Sitaraman became. I also used to wonder if he should be gives HRD/Education. Imagine he is privy to all cabinet decisions. Was he the mole as alleged by many in the Morarji cabinet?
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Re: 2021 Strategic and Political Analysis-1

Post by KL Dubey »

sudarshan wrote:I don't get it. The alleged news is that an Israeli firm was hired to tap phones of members of the Modi govt.? How does this reflect badly on Modi?
I'm guessing the narrative is going to be that MAD may have hired this firm for surveillance on people including their own cabinet members. Or maybe that they did not heed the prior warnings from whatsapp etc.

This is an old story, let's see what new spin is put on it now. The same thing was brought up in 2019 and there was a parliament discussion.

https://www.indiatoday.in/india/story/w ... 2019-11-03
Last edited by KL Dubey on 18 Jul 2021 22:50, edited 1 time in total.
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Re: 2021 Strategic and Political Analysis-1

Post by vera_k »

IMO, the story is fake news. Telecom operators are required to make a certain number of lines available to law enforcement for wire tapping as a condition of their license. What need does the Indian government have to hire a foreign firm for wire tapping? Perhaps the news is that the Israelis have broken standard encryption used by IP providers. That is due to happen soon enough with advances in quantum computing.
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Re: 2021 Strategic and Political Analysis-1

Post by sudarshan »

vijayk wrote: All his focus now a days is Modi w/o coming out openly. He lobbied hard for FInance ministry until Sitaraman became. I also used to wonder if he should be gives HRD/Education. Imagine he is privy to all cabinet decisions. Was he the mole as alleged by many in the Morarji cabinet?
In any case, accusations without proof should be handled by suing. If not by GOI, then by the Israeli firm.
KL Dubey wrote: This is an old story, let's see what new spin is put on it now. The same thing was brought up in 2019 and there was a parliament discussion.
I didn't have that context, thanks. Yes, now that you mention it, it does seem to be the same story.
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Re: 2021 Strategic and Political Analysis-1

Post by Ambar »

vijayk wrote:
All his focus now a days is Modi w/o coming out openly. He lobbied hard for FInance ministry until Sitaraman became. I also used to wonder if he should be gives HRD/Education. Imagine he is privy to all cabinet decisions. Was he the mole as alleged by many in the Morarji cabinet?
He bats for the chinese on odd days (and hence the bonhomie with BIF soldout journalists and washed out traitors like Pravin Sawhney) and bats for the yanks on even days. His affiliations must be well known in the political circles because after Rajiv's assassination when Sonia was gathering an ensemble of family loyalists she kept him a mile away despite his closeness to Rajiv, and the fact that SuSwamy spent much of the 90s writing disparaging articles on Vajapayee, Advani and the RSS failed to earn him any favors with the Congress. Jaya dropped him like a hot potato after 99, and apart from some frivolous lawsuits which he had no interest in taking it to conclusion he spent the 2000s in relative obscurity until Modi won in 2014. He wanted a cabinet berth, but Modi made one of the best decisions of his political life by keeping SuSwamy, Yashwant Sinha, Shourie and Jaswant Singh outside the cabinet and Suswamy's mask has been slipping ever since. As for the Pegasus saga, they (BIF) are trying to project it as Modi spying on his own cabinet, the SC judges and even the RSS, nothing but trying to draw a wedge. We can expect many such "leaks" with as the general elections gets closer.
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