REMINDER OF OUR GLORY AND POWER

                                                             PREAMBLE OF INDIA


WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:


JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;


IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.



Purpose of Having a Preamble:
The Preamble to our Constitution serves two purposes: -
A) It indicates the source from which the Constitution derives its authority;
B) It also states the objects, which the Constitution seeks to establish and promote.

The Preamble seeks to establish what Mahatma Gandhi described as The India of my Dreams, "…an India in which the poorest shall feel that it is their country in whose making they have an effective voice; …an India in which all communities shall live in perfect harmony. There can be no room in such an India for the curse of untouchability or the curse of Intoxicating drinks and drugs. Woman will enjoy as the same rights as man."

The Keynote of the Preamble was to emphasize the positive aspect, “the unity of the Nation”, as much as the “dignity of the individual”. “Dignity” was a work of moral and spiritual import: it implied an obligation on the part of the Union to respect the personality of the citizen and to create condition in which every citizen would be a sovereign in himself and will cherish and fulfill his desire of self-fulfillments and self-satisfaction

It must be noted that the Supreme Court may have power to strike down a legislation as unconstitutional, but still it derives its powers from the Constitution. If one reads the source of the Constitution, it starts with a declaration “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India in a Sovereign…..”. Thus, it is not the Court, the CJI, the PM, the President who has declared the Constitution, but it is we, the sovereign citizens, the people of this Nation, who in exercise of their powers, have declared this nation as a Sovereign, Socialist, Secular, Democratic, Republic. All others including the CJI, PM, CM, MP, MLA, PRESIDENT are under this constitution and not over it. It is we, who have ourselves decided to subject our own selves to the Judiciary and law. This does not mean that we have empowered any one to be a Constitutional Authority, and those who claim so, are living in the world of illusions, and must be shown the mirror of truth. Truth is painful and bitter for one or a handful, but gives peace of mind to al,l as we feel save under the umbrella of truth and are sure that our dignity and life will not be snatched.

We have put Justice before liberty and equality. This is because the drafters were well conscious that unless there is Justice, liberty is meaningless and would not survive for truth but will be a weapon of destruction. They were sure that once Justice and liberty is there, equality will blossom automatically, as Justice is the seed, Liberty is the tree and equality is the flower of the tree. Naturally, last but not least fraternity is the sweet and cherished fruit of this tree.

This is to remind you all and myself that we have forgotten who we are. We have forgotten the best gift we got at the time of independence and have started living the life of slaves of our own “PUBLIC SERVANTS”. This is to remind you that you were born free, born independent, born with right of Justice first followed by liberty, equality and Fraternity.

Please rise tomorrow and remind your self of this preamble and remind your mind and soul that you are the person who controls everything, you are a sovereign citizen, and have a right to Justice and no one can stop you. If the person claims to be too powerful, then go back to the preamble and read the message to him and yourself also, “WE THE PEOPLE........”, calling us to unite and fight, and enjoy the services of our “RESPECTED AND HONOURED PUBLIC SERVANTS” and not be subjected to them.

JAI HIND……..

ITS EASY PRACTICE OF LAW

I was sitting with one of my clients. He asked me about me, what law I enjoyed and what I think is easy in Law.

I told him this about easiness:

The best position is to be a defence lawyer in banking laws and cheque return laws. Your job is just to drag the case. The accused is probably sitting on the funds captured from the complainant. He can pay your big fees from the interest he earns from the cheated money. But I also said that for this you must make sure that your client must be a cheat and not a victim of circumstances/ complainant or a innocent person. (unfortunately this catagory comes to me and hence I think I cannot be more than Dal Roti).

Next, I said, that you must appear for the lady in Domestic Violence or dowry or matrimonial case. The law is reverse here and the accused is assumed to be guilty and a person who deserves more punishment than a rapist or a terrorist. The lady's father will pay you huge amount as a percentage of the alimony the lady gets. He makes an investment in you whole heartedly. And the best part, make any statement and let your client be a violator of all orders and there will be no action under prejury and contempt. If you can bargain big for the client, manage the police, then, be sure this client will send more clients, friends, relative etc... as it is now a florishing business.

(Unfortunately I am against wommen in such matters and the guy is under so much burden and I am under the burden of my morale and my sympethatic heart)

Then, the other is to appear for a big terrorist or big criminal. Though I am an Advocate,  I did not know the Advocate who has appeared for Kasab. But as on date all of us know Abbas Kazmi. ( Sorry I am not appearing in criminal matters)

The last is to be a cheater Advocate indulging in all kinds of manipulations and Justice doggers, claim your self to be close to many Judges and also have big political contacts... many things more which I cannot even say... (By mistake I was born to a father who did not teach me this and my Senior who also was not in this field)

I replied him at last, I enjoy what I am and happy that I am not doing the easiest job...... My soul is at peace and my heart is clean.... I have no burden on my head... I asked him if he knew or was interested in my ank balance and the answer was NO...

Happy and Go lucky .........