For building a strong nation, ensure the rule of law

For building a strong  nation, ensure the rule of law

If you have trust in democracy, then you must trust the people. In a democracy, the people’s wish is supreme.

If you have trust in democracy, then you must trust the people. In a democracy, the people's wish is supreme. If we think that the calibre of the electorate is so low that it cannot make a 'right' choice, then either we should search for a 'better' option to democracy or adopt a selective democracy.

But so long as the present system of 51 majority wins over 49 minority is in place, we have to abide by the majority verdict though the 'minority' would feel left high and dry in the process!

It is exactly for this reason that to soothe the feelings of the minority having been left out from power, that the majority that has been crowned as the ultimate 'winner' should leave no stone unturned to win over the minority voters in the larger interests of the country.

However, this process stipulates the mutual understanding and cooperation. If either party fails to abide by this condition, it would result into heart-burning of the other side.

Therefore, in order to achieve all-round development of the nation, the ruling as well as opposition parties should rise above their petty differences and supplement the efforts of the government of the day.

However, this is not easier than said. As has been noticed from the utterances of the leaders of the defeated parties, perhaps in a fit of anger, they are doubting the wisdom and prudence of the common man who has given a massive mandate to one party and its allies.

Some others have hurled abuses in the filthy language at the persona so honourably coroneted to the seat of power. It tantamount to insulting the very people who are the basis of our vibrant and world acclaimed democracy.

Needless to say, that if the crestfallen minority parties dare to throw an open challenge to the lawfully elected government, then it becomes necessary to deal with them with iron hand.

Any sinister attempt to destabilise the elected government or create chaos in the country under any pretext whatsoever must be foiled by the government to uphold the Rule of Law. And such actions will be certainly in conformity with the spirit of our Constitution.

Streamline the education system: SC

Expressing its serious concern for the students, a vacation bench of the Supreme Court asked the Central as well as the State governments to streamline the entire education system so that the student community could be relieved from the stress and anxiety with regard to admissions in medical or other courses.

The bench consisting Justice Indu Malhotra and M R Shah in course of hearing of the plight of students due to uncertainty over admissions to postgraduate medical and dental courses in the academic year 2019-20 in Maharashtra said such a situation is difficult for the meritorious students.

"This happens every year and there is uncertainty in the mind of students with regard to admissions," the bench said and asked the Counsels representing the government:" Why don't you streamline the entire education system? Why the tension and stress to the students ? Why all these litigations?"

The bench further observed that students were worried about the colleges and courses which they would get for further studies and it was difficult for them to remain in uncertainty like this.

Hope, after this much of chastising by the apex court, the powers that be in the Central as well as State governments will wake up in the right earnest and 'streamline' the entire education system as has been commanded by the court.

True, this is a herculean task, but a beginning should be made at the earliest in order to avoid the further recurrence of the students' plight.

HC for providing facilities to lawyers' clerks

Observing that the clerks of advocates are part and parcel of the judicial system, the Delhi High Court has said that they are also entitled to canteen and medical facilities. Advocates' clerks are forming a vast number of para-legal system in the country.

Though no educational qualifications are prescribed for them, by experience, they acquire expertise in the court's procedures like filing of the papers, tracking their posting dates, obtaining copies of orders and judgements etc.

Unfortunately, the lawyer's clerk has no legal right to claim a minimum wage or salary from the advocate /s whose legal work he attends to.

Except in the then State of Andhra Pradesh when during the Chief Ministership of N T Rama Rao, a minimum wage was fixed for the advocate's clerks and chartered accountant's clerks, albeit without its subsequent enforcement, in no other State, this vast majority of para-legal force has been provided any social security. In Delhi alone, there are approximately 20,000 advocates' clerks.

Considering the plea of the Delhi High Court Bar Clerks Association, the bench comprising Chief Justice Rajendra Menon and Justice Brijesh Sethi observed, "This court can visualise the difficulties being faced by the members of the petitioner association with regard to the need for medical facility and canteen facility while discharging their duties from early morning till late night in the court campus."

The bench constituted a committee to deliberate upon all issues connected with the aspect of providing canteen and medical facilities and directed the committee to submit its report by July 25 when the matter will be considered by the court.

Indeed, a very humane approach to the plight of the advocates' clerks who eke out a living by hard work and depending on the charity and donations from the lawyers and their clients. They deserve much more benefits such as, a minimum wage, provident fund, gratuity, loans for buying a house etc.

Plea against 'fish prasadam' adjourned

The plea against funding of the 'Fish Prasadam' event organised by Harinath Goud's family offering fish treatment to asthma patients, was adjourned by three weeks by the High Court for Telangana at Hyderabad on June 7.

The division bench comprising Acting Chief Justice Raghavendra Singh Chauhan and Justice Shameem Akhter while hearing the petition filed by Balala Hakkula Sangham who has challenged the support provided by the government towards making arrangements for the distribution of fish prasadam, asked the petitioner to establish, in law, that the government cannot sanction funds or direct its official machinery towards making arrangements for a programme organised by a private organisation.

To this, the petitioner's counsel skirted the direct reply and said that there was not even a whisper from the government regarding the sanction of funds for the private function.

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