About

varadananda
Coimbatore

Bio: I am now working in a Home Based Medical Transcription company, Acusis India. Earlier, I was with MModal (C-Bay systems India Pvt Ltd. ) as a medical transcriptionist, and before that, I worked in The Hindu newspaper as packing and dispatch contractor for more than 10 years.

View complete profile

 

2 thoughts on “About

  1. I n regard to your mention of existence of contradictions in the constitution in regard to its two salient features i must say that the contraversary about the place directive principles occupy in the constitution vis a vis Fundamental rights has been set at rest.
    there is no conflict or disharmony between dpsp and fundamental rights becos they supplement each other in aiming at the same goal of bringing about a social revolution and establishment of a welfare state.In Kerela education bill(AIR 1957 SC 228) the court observed that though the directive principles cant override the fundamental rights nevertheless in determining the scope and ambit of rights the court may not entirely ignore the directives but should adopt the principles of harmonious construction and should attempt to give effect to both as much.as possible.The directives prescribed the goal to be attained and fundamental rights lay down the means by which that goal is to be achieved.The reason why Art 31c was struck down as unconstitutional was that it destroyed the basic structure of constitution…the constitution which is founded on the bedrock of the balance between part 111 and part 1v.
    alsothe reason why the founding fathers our constitution did not make these principles enforceable was perhaps due to the vital consideration of giving the govt sufficient lattitude to implement these principles from time to time according to capacity situation and circumstances that may arise.
    Also when testing the constitutional validity of any statutory provision or any an executive act or for testing the reasonableness of any restriction cast by law on the exercise of any fundamental right by way of regulation control or prohibition the dpsp and fundamental duties as enshrined in Art 51A play a significant role.

    1. “Right to property was originally a fundamental right, but under 44th Amendment Act, right to property ceased to be a Fundamental right. Instead the right to property is mentioned under 300A of Indian Constitution, stating that no person can be deprived of his property save by law.”

      This is what is called dilution of rights. Here, “save by law” means the government can make laws taking away this right at whim.

      Without property rights, no rights can be exercised. Read Ayn Rand’s Man’s rights and Collectivized rights for an understanding of this principle. I quote Ayn Rand, “The right to life is the source of all rights—and the right to property is their only implementation. Without property rights, no other rights are possible. Since man has to sustain his life by his own effort, the man who has no right to the product of his effort (the right to property) has no means to sustain his life. The man who produces while others dispose of his product, is a slave.”

      According to the 44th amendment, “It would, however, be ensured that the removal of property from the list of fundamental rights would not affect the right of minorities to establish and administer educational institutions of their choice,” which means only minorities can enjoy this right and not others.

      The concept of “Economic rights” such as “right to eduction” “right to fair wages,” “right to good health.” means that others must provide for them because they do not grow in nature for everyone to possess them. If one understand this concept, then it would be obvious Government if it wants to provide these “rights,” it must forcibly obtain from others to provide to those who claim those “rights.” The DPSP means exactly this.

      “DPSPs aim to create social and economic conditions under which the citizens can lead a good life. They also aim to establish social and economic democracy through a welfare state. They act as a check on the government, theorized as a yardstick in the hands of the people to measure the performance of the government and vote it out of power if it does not fulfill the promises made during the elections.”

      “Welfare state” is another name for a socialist and fascist state. DPSA asks the people to “vote government or parties who form government out of power they do not fulfill the promises made during the elections.” What kinds of promises the parties make to people: The freebies that parties promise to win election and then increase taxes to fulfill these promises seem exactly what is called socialistic policies. Such policies are incompatible with the right to property and that is why these two principles are incompatible and that to achieve one the other must be sacrificed.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s