Very Important Thread

1. This thread is about how to bring much required Constitutional and Judicial Reforms to meet the current and future challenges in the country.

Please Share this thread Max so that it reaches @narendramodi Ji and @AmitShah Ji.

2. 9th December 1946, the Constituent Assembly of India was formed to draft the Constitution of India with Dr B R Ambedkar as the Chairman of the Drafting Committee.

The Constituent Assembly in about 3 years drafted the Constitution which finally came into force on 26th Jan 1950

3. In the last 70 years the Parliament of India has amended(Changed) the constitution 104 times using its powers under Article 368 of the Constitution. But in reality majority of these changes were made to continue various special provisions which were originally for 10 years.

4. 24th April 1973, while people of legal fraternity hailed it as the Dawn of New Era, I call it the Darkest day of Indian Judiciary.A 13 Judges Constitution Bench of SC passed Judgement in Keshvananda Bharti vs. State of Kerala. On this day the SC entered into legislative domain

5. The SC in this case Founded the 'Doctrine of Basic Structure'. In simple words SC said that from 24th April 1973, the power of the Parliament to àmend/change the Constitution was limited. But the question is What is the Basic Structure of the Constitution??

6. Basic Structure of the Constitution

Originally in 1973 Judgement declared a few parts of the Constitution such as the Preamble, Fundamental Rights etc. as the Basic Structure of the Constitution and debarred the Parliament from deleting anything from these parts.

7. But with passage of time the SC through series of judgments through judicial review kept on expanding the scope of the Basic Structure of the Constitution. Weak Political Structure in the country made things easier for the SC to expand its own powers through Judicial Review.

8. 1993, The country was in a political turmoil and it was the perfect opportunity the SC to take absolute control over it's affairs without any interference from the Government of India. The SC gave a Judgement in SCAORA vs. Union of India. The SC Started the Collegium System.

9. By this judgement the power of the government to appoint the Judges of the SC & HC was taken away and The SC took that power itself.

By 1998 the SC had taken absolute control over the Appointment process and declared that Decision of the Collegium would be Binding on Govt.

10. The process that started in the year 1973 by the Judgement of Keshvananda Bharti was almost 90% complete by year 2005. Only One thing now remained in Control of the Parliament and the then CJI Justice Y K Sabharwal decided to strike the final nail in the coffin of Parliament.

11. Ninth Schedule of Constitution

The Parliament in order to save some laws from the Judicial Scrutiny placed them in the 9th Schedule and these laws could not be reviewed by any court in India. In 2006 CJI Justice Sabharwal constituted a 9 Judges Bench to review 9th Schedule

12. The 9 Judges Constitution Bench of the SC in an unanimous judgement declared that all the laws placed in the 9th Schedule of the Constitution after 24th April 1973 would be open to the Judicial Review. So the final fort of the Parliament fell to the SC in January 2007.

13. So in approximately 34 years the SC became the most powerful organ in India surpassing the Parliament. But the SC of India surprisingly made a big mistake in the year 2010. SC itself gave a way by which every wrong since 1950 can be corrected.

14. So the SC itself in a 2010 Judgement gave a way to get rid of the Basic Structure theory and if it is implemented then it would in on go solve all the problems created by the Supreme Court and problems.

So what did the Supreme Court Say???

15. The Supreme Court said the only way the Basic Structure of the Constitution can be changed is by the representatives of the people through Constituent Assembly. SC further said that Court would have no jurisdiction over the decision of the Constituent Assembly.

16. The Conclusion is that if a new Constituent Assembly is formed to Re Draft the Constitution then all the wrongs such as Secularism, Reservations, Minority Appeasement, Collegium System, UCC, Population Control Law etc. Can be corrected in one shot by the present government.

17. I would be sending a Detailed Representation to the @PMOIndia and @HMOIndia requesting them to form a new Constituent Assembly at the earliest.

Please share this thread Max so that it reaches @narendramodi Ji & @AmitShah Ji....