Checks and balance

The doctrine of separation of powers implies that each pillar of democracy – the executive, legislature and the judiciary, mean from the independence time we isolate Military branches from the working system of country !

Actually Power distribution  system India have these separation- executive, legislature and the judiciary,CAG ,Election commission , Media . EC come in focus after TN sheshan , CAG come in focus after Vinod rai and Media after influnce of electonics media and social media !

On last week many politicians make questions on CAG but: B.R. Ambedkar said on CAG in the Constituent Assembly on May 30, 1949: “I am of opinion that this dignitary is probably the most important officer in the Constitution of India. If this functionary is to carry out the duties – and his duties are far more important than the duties even of the judiciary – he should be certainly as independent as the judiciary.”

Many people said that India have best Checks and balance  system for power distribution but some Supporter of Capitalism see is as the barrier of Nation growth and call it a main reason for Low GDP growth !

There is no doubt that Our constitution maker try to make it best but After 65 years of Independence people finds loopholes and there and now we can see clearly that there is some overlapping !

Our system : The executive is vested with the power to make policy decisions and implement laws.  The legislature is empowered to issue enactments.  The judiciary is responsible for adjudicating disputes.  The doctrine is a part of the basic structure of the Indian Constitution even though it is not specifically mentioned in its text.  Thus, no law may be passed and no amendment may be made to the Constitution deviating from the doctrine.  Different agencies impose checks and balances upon each other but may not transgress upon each other’s functions.  Thus, the judiciary exercises judicial review over executive and legislative action, and the legislature reviews the functioning of the executive.

But Today Corporates enter in The system and look like they run whole system of country as Arvind kejariwal said last week ! A normal corporate house in India own media house , news channels , NGOs , relations with political leaders , cricketers and bollywood ! through these they influnced all these three branches of our system : executive, legislature and the judiciary and also Military up to some extend ( In defence purchasing )

► The cycle : Corporate do lobby for thier minister in Cabinet ( Nira radia and A.raja / Aanand sharma and Relince)    ► Minister make policy according to need of some specific corporate house ( Tata sky Vs./ SUN tv )    ► Executives (Bureaucrats)  decrees the role of PSU working in that field (relince over ONGC / GSPC & ADANI over GAIL )     ► After beneficial policy of Corporate if they don't fill comfortable they can change rule through Executives ( as in KG 6 basin )     ► If some scam come in public than they use their media power ( As in case of Jindal and zee / NAvabharat times and Coal scam )    ► If some one file PIL against of some project than these Big man influenced also to Supreme court judges ( As we hear prabhu chawla on Anil and mukesh )

Some political party like NCP so politics only for the profit of their Business. with the influnced of 9 seats in Loksbha they ► side out Jairam ramesh from Environment ministry to get clearance for LAVASA project ►Prafull patel ended the Air India for the benefit of Jet airways ► Sharad pawar run whole Agriculture Inustry according to his need ( make ban in import/export of cotton and sugaraccording to his benefit )

These is the reason that Some honest person in system start to take benifit of flexibility that Indian constitution provide tham . up to todayCAG function is only to carry Financial audits and make think volume reports but when Vinod rai sit on chair he use : Section 23 of the Act empowers the CAG “to determine the scope and extent of the audit”. #performance audit

Legislature Vs./ Judiciary

These things should be done by Parliment/PM/Goverment  but they don't do for the benefits of Corporates so, Judicary Interfer in it and make things right !

►  the Vishakha case where guidelines on sexual harassment were issued by the Supreme Court

 ► Supreme court established  Centre for investigating black money deposits in Swiss Banks.

►  Recently Govt. Of India publish notification of Permission of FDI in retail and Supreme court said there is some legal barriers are there

►September 7, 2011 the Parliament passed the Customs Amendment and Validation Bill, 2011 which retrospectively validates all duties imposed and actions taken by certain customs officials who were not authorized under the Customs Act to do the stated acts.  Some of the duties imposed were in fact challenged before the Supreme Court in Commissioner of Customs vs. Sayed Ali in 2011  The Supreme Court struck down the levy of duties since these were imposed by unauthorised officials.  By passing the Customs Bill, 2011 the Parliament circumvented the judgement and amended the Act to authorize certain officials to levy duties retrospectively, even those that had been held to be illegal by the SC.

►Supreme court canceled 2G innocence on PIL

Executives Vs./ Judiciary

These things should be done by Babus but they don't do for the benifits of Corporates so, Judicary Interfer in it and make things right !

► Supreme court have to set up special team to watch over 2G investigations

► Supreme court make SIT to investigate Godhara 

► Judiciary make various team to watch over food distribution in Mid day meal schemes on the PIL of NGOs

► the Court directing the Center to distribute food grains (2010)

In all these cases there is direct or indirect benefit of Corporates , but after the interference of Judicary the cases took U-turns !

Nexsus between Corporates-Government produce Naxals !

Today, These corporate do not control whole system they have control over 40%-60%, when they have total control we automatically went in year 1857 and we have to re-start Movement for Independence !