SAME SEX MARRIAGE AND ARDH NARISHWAR – WHETHER IT IS PARALLEL OR THERE IS RESEMBLANCE?
What is Ardh -Narishwar? Is it alike a gay or eunuch? Let us see what is Ardh- Narishwar ‘शंकर: पुरुषा: सर्वे स्त्रिय: सर्वा महेश्वरी।’ (शिवपुराण) अर्थात्–समस्त पुरुष भगवान सदाशिव के अंश और समस्त स्त्रियां भगवती शिवा की अंशभूता हैं, उन्हीं भगवान अर्धनारीश्वर से यह सम्पूर्ण चराचर जगत् व्याप्त है। शक्ति के बिना शिव ‘शव’ हैं शिव और शक्ति एक–दूसरे से उसी प्रकार अभिन्न हैं, जिस प्रकार सूर्य और उसका प्रकाश, अग्नि और उसका ताप तथा दूध और उसकी सफेदी। शिव में ‘इ’कार ही शक्ति है। ‘शिव’ से ‘इ’कार निकल जाने पर ‘शव’ ही रह जाता है। शास्त्रों के अनुसार बिना शक्ति की सहायता के शिव का साक्षात्कार नहीं होता। अत: आदिकाल से ही शिव–शक्ति की संयुक्त उपासना होती रही है। भगवान शिव के अर्धनारीश्वररूप का आध्यात्मिक रहस्य भगवान शिव का अर्धनारीश्वररूप जगत्पिता और जगन्माता के सम्बन्ध को दर्शाता है। सत्–चित् और आनन्द–ईश्वर के तीन रूप हैं। इनमें सत्स्वरूप उनका मातृस्वरूप है, चित्स्वरूप उनका पितृस्वरूप है और उनके आनन्दस्वरूप के दर्शन अर्धनारीश्वररूप में ही होते हैं, जब शिव और शक्ति दोनों मिलकर पूर्णतया एक हो जाते हैं। सृष्टि के समय परम पुरुष अपने ही वामांग से प्रकृति को निकालकर उसमें समस्त सृष्टि की उत्पत्ति करते हैं। शिव गृहस्थों के ईश्वर और विवाहित दम्पत्तियों के उपास्य देव हैं क्योंकि अर्धनारीश्वर शिव स्त्री और पुरुष की पूर्ण एकता की अभिव्यक्ति हैं। संसार की सारी विषमताओं से घिरे रहने पर भी अपने मन को शान्त व स्थिर बनाये रखना ही योग है। भगवान शिव अपने पारिवारिक सम्बन्धों से हमें इसी योग की शिक्षा देते हैं। अपनी धर्मपत्नी के साथ पूर्ण एकात्मकता अनुभव कर, उसकी आत्मा में आत्मा मिलाकर ही मनुष्य आनन्दरूप शिव को प्राप्त कर सकता है। क्यों हुआ अर्धनारीश्वर अवतार? भगवान शिव का अर्धनारीश्वरस्वरूप ब्रह्माजी की कामनाओं को पूर्ण करने वाला है। पुराणों के अनुसार लोकपितामह ब्रह्माजी ने सनक–सनन्दन आदि मानसपुत्रों का इस इच्छा से सृजन किया कि वे सृष्टि को आगे बढ़ायें परन्तु उनकी प्रजा की वृद्धि में कोई रुचि नहीं थी। अत: ब्रह्माजी भगवान सदाशिव और उनकी परमाशक्ति का चिंतन करते हुए तप करने लगे। इस तप से प्रसन्न होकर भगवान सदाशिव अर्धनारीश्वर रूप में ब्रह्माजी के पास आए और प्रसन्न होकर अपने वामभाग से अपनी शक्ति रुद्राणी को प्रकट किया। वे ही भवानी, जगदम्बा व जगज्जननी हैं। ब्रह्माजी ने भगवती रुद्राणी की स्तुति करते हुए कहा– ’हे देवि! आपके पहले नारी कुल का प्रादुर्भाव नहीं हुआ था, इसलिए आप ही सृष्टि की प्रथम नारीरूप, मातृरूप और शक्तिरूप हैं। आप अपने एक अंश से इस चराचर जगत् की वृद्धि हेतु मेरे पुत्र दक्ष की कन्या बन जायें।’ ब्रह्माजी की प्रार्थना पर देवी रुद्राणी ने अपनी भौंहों के मध्य भाग से अपने ही समान एक दिव्य नारी–शक्ति उत्पन्न की, जो भगवान शिव की आज्ञा से दक्ष प्रजापति की पुत्री ‘सती’ के नाम से जानी गयीं। देवी रुद्राणी पुन: महादेवजी के शरीर में प्रविष्ट हो गयीं। अत: भगवान सदाशिव के अर्धनारीश्वररूप की उपासना में ही मनुष्य का कल्याण निहित है। अर्धनारीनटेश्वर स्तोत्र (हिन्दी अनुवाद सहित)!!!!!!!! English Translation: That is, all men are part of Lord Sadashiv and all women are part of Lord Shiva, this entire living world is pervaded by the same Lord Ardhanarishwar. Without Shakti, Shiva is a ‘dead body’ Shiva […]
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RIGHTS OF RESERVATIONS AS PER POPULATION WHETHER CONSTITUTIONAL PROPOSITION?
During the last 40 years in India, politics has been divided into regional and mainstream parties. The mainstream party was the only one dominated by a family. Under its shelter, every state advanced state-level family powerhouse. They are still inter-alia in Uttar Pradesh, Bihar, Rajasthan, Jammu and Kashmir, West Bengal, and Telangana. However, the said respective families would oppose state elections and partner in the central government. This continued for decades. Slowly people realised that there is a change in voting tendency. Well, let’s migrate to the topic under discussion to the current situation as the country will go for Lok Sabha elections in 2024. The small local regional parties referred to in para hereinabove along with the mainstream party formed an alliance. They named it as INDI Alliance. This INDI Alliance has introduced a new idea to fetch more votes. They have proposed that rights on the national resources will be as per the population of a caste. A caste having a larger population should get more facilities. During the tenure of UPA erstwhile Prime Minister said that it is in particular Muslims who has first right to the resources of this country. Please see the link https://youtube.com/shorts/UAdiboSk-vk?si=P1bjy7UvohWHj-CE PARTITION India has seen division in 1947. A bloody partition based on religion. Millions. Many shed lives and were martyred and many children lost while crossing the border. Nehru became the first PM of independent Bharat. INDIA WAS BORN We have a constitution in force. Our constitution gives equal opportunity to all. Let us see what it provides: Article 13. Laws inconsistent with or in derogation of the fundamental rights. (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void Article 14. guarantees Equality before the law. —The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them. (2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth, or any of them, be subject to any disability, liability, restriction, or condition with regard to— a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. [(4) Nothing in this article or in clause (2) of […]
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CAN PARLIAMENT SET UP SPECIAL COURT TO DISPOSE OFF PENDING MATTERS? A DISCUSSION AND SUGESSIONS
Indians are a very tolerant community. Citizens are basically law-abiding. But as per data available there are more than 5 crore cases are pending in various courts across India. This includes criminal, civil, DRT, matrimonial, adoption, insolvency, and others. There is always vacancy for Judges and there is also friction between different stakeholders regarding the method of appointment. The pending cases are monetary disputes, land disputes, agricultural land, easement, flat purchasers right, and so on. This also includes international arbitration awards and their execution. When a suit is filed immediate party moves for ad-interim reliefs by way of a Notice of Motion or Interim Application as the case may be. When the order is passed same Notice of Motion comes up for a final hearing after 5 to 10 years. By that time if Plaintiff did not get the order he loses the edge and his right. Then suit may be on board for framing of Issues may be another 5-10 years. The next stage is the affidavit of evidence, admission denial of documents, and cross-examination of witnesses. When a decree is passed it takes time of 2 to 3 years for sealing. When the decree is ready for execution if not executed then we have to take out 21×22 notice in which takes another 2 years to reach and there may be objections. So, for Plaintiff entire exercise is futile. Citizens need a remedy that is speedy and result oriented. The matter doesn’t end here after the ad-interim there is an Appeal from the Order then the Supreme Court and so on and so forth. The litigation is unending and is also costly. To overcome this situation government introduced concept of mediation. It is not much successful. As far as Arbitration is concerned the new concept of institutional arbitration is introduced. It may have been successful but not much accepted by common people like new entrepreneurs, startups, and the common citizens. That is due to cost and fees of an arbitrator. Many petitions are filed in Supreme Court challenging fees of the arbitrator. (See ONGC vs Afcons Gunanusa JV) Does the question arise what is the remedy? The remedy lies in our constitution. Article 217 says the Appointment and conditions of the office of a Judge of a High Court.—(1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal and [shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of [sixty-two years]:] 126. Appointment of acting Chief Justice.—When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose. 127. Appointment of ad hoc Judges.—(1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or […]
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COLLEGIUM CONTROVERSY AND CONSTITUENT ASSEMBLY REPORT : WITHOUT PREJUDICE ANALYSIS
Is NJAC a violation of Article 368 or violates the theory of pith and substance? To understand we must go back to the root of the matter. Brief History This issue is neither constitutional nor legal. The issue is to decide the procedure for appointment of Judges in High Courts namely the High Court and Supreme Court. As such the debate on the procedure to appoint judges to higher courts was debated forcefully by several leading giant members of the Constituent Assembly. But no consensus was drawn. The details we shall see here are below. But before that somewhere in the year 1991 by order and Judgement of the Supreme Court, a system was designed by the name Collegium. In Collegium 6-8 Judges would consider candidates for the office of the higher court judges which includes the Chief Justice of State and Supreme Court Collegium members. Who selects the candidates and forwards the names to the Law Ministry for scanning intelligence background. There is no other role of the Government in the selection process. The President in the course gives his assent and notifies. Is this a correct system that was dreamt by the makers of our Constitution? Or is hit by pith and substance? Link to read Judgement : https://indiankanoon.org/doc/753224/ Current scenario and the allegations: Over a period of time, this system was allegedly affected by nepotism and it is alleged that it has created a monopoly. There were news reports as well as reports of a senior lawyer at the bar that 50% of the Judges are relatives of the ex-Judges. In the meantime, the Government enacted a law called National Judicial Appointments Commission Act, 2014 ( NJAC ) which was abrogated and declared ultra-vires by the Supreme Court. This resulted in the continuity of the Collegium System. In its logical and practical argument that the Judiciary, it’s argued that the participation of politicians in the selection process may vitiate the independence of the judiciary. This danger was also visualized by the late Dr. B.R. Ambedkar. For the said reason though amendments were moved to adopt the American method of appointment of judges to the higher courts same were withdrawn by respective Constituent Assembly members. However, the late Dr. Ambedkar could not have thought of the situation persisting today about the collegium system which has allegedly resulted in the monopoly of a few families. Here is the link: https://timesofindia.indiatimes.com/india/govt-gives-collegium-proof-of-nepotism-in-picks-for-hc-judges/articleshow/65220425.cms https://www.hindustantimes.com/india/50-hc-judges-related-to-senior-judicial-members-report/story-S8RP2Ir9cEuIN4NewFnvML.html With this background let us see the history of this issue and why it did not reach finality during the finalization of the Constitution of India. The Government of India Act, 1919 provided in Section 101 for the Constitution of High Courts; and the appointment of the Chief Justice and the permanent Judges were in the absolute discretion of the Crown, subject only to the prescribed conditions of eligibility. The tenure of their office, according to Section 102, was dependent entirely on the Crown’s pleasure. Under the Government of India, Act, 1935, appointments of Judges of the Federal Court and the High Courts were at the absolute discretion of the Crown or, in other words, […]
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CAN A COPARCENER/CO-OWNER SELL HIS/HER SHARE IN A JOINTLY OWNED PROPERTY TO A THIRD PARTY? RIGHT OF PREEMPTION AGRICULTURE LAND VS RESIDENTIAL PROPERTY
Let us first see the provisions of the Transfer of Property Act 1882 and the Hindu Succession Act 1956. Section 22 of The Hindu Succession Act 1956 Section 22 of the Act is as under:- “22. Preferential right to acquire property in certain cases – (1) Where, after the commencement of this Act, an interest in any immovable property of an intestate, or in any business carried on by him or her, whether solely or in conjunction with others devolves upon two or more heirs specified in class I of the Schedule, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred. (2) The consideration for which any interest in the property of the deceased may be transferred under this section shall, in the absence of any agreement between the parties, be determined by the court on application being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of or incident to the application. (3) If there are two or more heirs specified in class I of the Schedule proposing to acquire any interest under this section, that heir who offers the highest consideration for the transfer shall be preferred. Explanation.- In this section, “court” means the court within the limits of whose jurisdiction the immovable property is situate or the business is carried on, and includes any other court which the State Government may, by notification in the Official Gazette, specify in this behalf.” OBITER Smt. Laxmi Debi v. Surendra Kumar Panda and Others by the High Court of Orissa. In this case the submission that Section 22 of the Act would not cover succession in respect of agricultural lands was rejected.It was observed and held that “It is clear that the Parliament had omitted the phrase “save as regards agricultural land” from item No. 5 of the Concurrent List in order to have a uniform personal law for Hindus throughout India, and accordingly, it necessitated the enlargement of Entry No. 5. We have no doubt, therefore, that in view of the change in law, the Act will apply to agricultural lands also, and the decision in AIR 1941 FC 72 (K) would no longer hold good.” The High Court of Judicature at Allahabad, in Smt. Prema Devi vs. Joint Director of Consolidation (Headquarter) at Gorakhpur Camp and Ors. held:- In List 2, Entry No. 18 is as follows:– “Land, that is to say, right in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization.” This entry which is in the exclusive jurisdiction of the State Legislature is in the widest term. All laws relating to land and land tenures are therefore, within the exclusive jurisdiction of the State Legislature. Even personal law can become applicable to land tenures […]
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VIOLATION OF THE COPYRIGHT ACT IS A CRIMINAL OFFENSE? IS IT A BAILABLE OFFENSE?
What is Copyright and when it becomes a criminal offense? To understand this question, we must know the legal provisions. COPYRIGHT ACT 1957 WHAT IS COPYRIGHT? Meaning of said term is given under Section 14 of the Act. [14. Meaning of Copyright.— For the purposes of this Act, “copyright” means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:— (a) in the case of a literary, dramatic or musical work, not being a computer programme,— (i) to reproduce the work in any material form including the storing of it in any medium by electronic means; (ii) to issue copies of the work to the public not being copies already in circulation; (iii) to perform the work in public, or communicate it to the public; (iv) to make any cinematograph film or sound recording in respect of the work; (v) to make any translation of the work; (vi) to make any adaptation of the work; (vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi); (b) in the case of a computer programme,— (i) to do any of the acts specified in clause (a); 1 [(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme: Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.] (c) in the case of an artistic work,— 2 [(i) to reproduce the work in any material form including— (A) the storing of it in any medium by electronic or other means; or (B) depiction in three-dimensions of a two-dimensional work; or (C) depiction in two-dimensions of a three-dimensional work;] (ii) to communicate the work to the public; (iii) to issue copies of the work to the public not being copies already in circulation; (iv) to include the work in any cinematograph film; (v) to make any adaptation of the work; (vi) to do in relation to adaptation of the work any of the acts specified in relation to the work in sub-clauses (i) to (iv); (d) in the case of a cinematograph film,— [(i) to make a copy of the film, including— (A) a photograph of any image forming part thereof; or (B) storing of it in any medium by electronic or other means;] [(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film;] iii) to communicate the film to the public; (e) in the case of a sound recording,— (i) to make any other sound recording embodying it 1 [including storing of it in any medium by electronic or other means]; [(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the sound recording;] (iii) to communicate the sound recording to the public. Offence […]
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COLLEGIUM AND CONSTITUENT ASSEMBLY -PITH AND SUBSTANCE CONFLICT OR DEVIATION?
Nowadays Collegium is a topic of debate. It’s a system where the Committee of Justices of Higher Courts sanctions and recommends an appointment of an Advocate/Justice of the High Court to a higher bench or apex bench of the Judiciary. Which is under criticism. At present Collegium is a system that makes the appointment and recommends names to the President and Government of India. However, as a matter of academic interest let us see the background of this issue. To draft the Constitution, a Constituent Assembly was constituted. In the said assembly the topic or article on the appointment of Judges to the higher judiciary amendments was discussed at length. Copy each of Part-1 and Part -2 of the Collegium discussion given below in the link. The following are the relevant resolutions. Proceedings before Constituent Assembly Mr. President: The question is: “That for clause (2) of article 103 the following be substituted:- ‘Every Judges of the Supreme Court shall be appointed by the President by warrant under his hand and seal and shall hold office until he attains the age of sixty-five years: Provided that in the case of appointment of a Judge, other than the Chief Justice, the Chief Justice of India shall always be consulted.’” The amendment was negatived. “That in clause (4) of article 103, for the words ‘supported by not less than two-thirds of the members present and voting has been presented to the president by both Houses of Parliament ‘ the words ‘by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President’ be substituted.” The amendment was adopted. Provision of Constitution: An evolution: Provision of Constitution : Establishment and constitution of Supreme Court.—(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than [seven] other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal [on the recommendation of the National Judicial Appointments Commission referred to in article 124A]2 and shall hold office until he attains the age of sixty-five years: 3.[* * * * *] 4 [Provided that]— (a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a Judge may be removed from his office in the manner provided in clause (4). 5 [(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.] (3) A person shall not be qualified for appointment as a Judge of the Supreme Court, unless he is a citizen of India and— (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such Courts […]
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PREVAILING LAW RELATING TO THE TRANSFER AND TRANSMISSION OF SHARES ON THE DEATH OF A MEMBER SHORTCOMINGS
This blog comes in wake of a judgment I came across of the Bombay High Court in the matter of Karan Vishnu Khandelwal Omdham Cooperative Housing Society Ltd. Vs Deputy Registrar -K-West In this matter facts of the case were as under: Mannalal Surajmal Khandelwal (deceased) was owner of a flat no.1 and by virtue thereof, was entitled to share certificate. The deceased during his lifetime registered a nomination in the name of Petitioner- his grandson. The nomination was acknowledged by the managing committee of the society in it’s meeting held on and made an entry in the nomination register. Mr. Mannalal Khandelwal died intestate on 20thJanuary, 2011, leaving behind, Rajendra Mannalal Khandelwal (Son- Respondent No.2); Krishnakumar Mannalal Khandelwal (Son); and Petitioner- son of Vishnu Mannalal Khandelwal (predeceased son of deceased). That upon demise of Mannalal Surajmal Khandelwal, Respondent No.2 – Rajendra M. Khandelwal, made an application to the society, inter alia, seeking transfer of membership and the share certificate in his name. Along with the application, he submitted a No Objection cum Declaration’ and indemnity bond made and executed by Krishnakumar Mannalal Khandelwal. This way, the Respondent No.2 claimed 2/3rdshare and interest in the flat and sought transfer of proportionate interest in flat and claimed membership. The application was rejected by the society on 8thAugust, 2018. Whereafter, the Respondent No.2 preferred an appeal under section 23 (2) of the Maharashtra Societies Act (‘MCS Act’ for short), being Appeal No. 09 of 2019 before the Deputy Registrar. The Petitioner sought intervention in the said appeal. The Intervention was allowed. The Deputy Registrar vide order dated 8thFebruary, 2021 allowed the appeal and held that since the Respondent No.2 has acquired 2/3rdright in flat No.1, to that extent, his interest be noted in the society record. In consequence, the Deputy Registrar acknowledged 2/3rdundivided right of the Respondent No.2 and 1/3rdundivided right of the Petitioner in flat No.1 and directed to make entries in the society records. In revision, the Divisional Joint Registrar upheld the order of the Deputy Registrar and dismissed the revision application of the Petitioner. Feeling aggrieved by that order, the Petitioner has filed this petition. MATTER BEFORE BOMBAY HIGH COURT WHEN ERROR OF LAW OCCURRED The matter when came up before the Bombay High Court, the court observed that Registrar passed the impugned order in haste may be at the behest of respondent No.2. Therefore, the impugned order not only suffers from gross irregularity being passed in breach of principles of natural justice but also against the law, and therefore, deserves to be quashed and set aside. While passing the Judgement Bombay High Court relied upon Indrani Wahi Vs. Registrar of Co-operative Societies (Civil Appeal 4930/2006), held that the cooperative society was bound by nomination made by the deceased and it was bound to transfer the shares to the nominee While passing the Judgment Hon’ble Court it relied upon the provisions of Section 154-B(2) of Maharashtra Cooperative Societies (Amendment) Act, 2019. In any event, by. It reads under: “154-13. On the death of a Member of a society, the society shall transfer share, right, title and interest in […]
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MAHARASHTRA CO-OPERATIVE SOCIETY ACT LACUNAE ABUSE OF POWER AN ANALYSIS AND SUGGESTIONS
“Nearly all men can stand adversity, but if you want to test a men’s character, give him power.” Said Abraham Lincoln This aptly applies to the Managing Committee of a society. Once the power comes neighbor becomes your Master. There are many incidents where the committee manipulates bills and contracts, and even in redevelopment cases three honorary office bearers Secretary, Chairman, and Treasurer have weightage in the finalization of the deal. We see litigations and stalling of projects of a housing society. Human tendency is such that they think of self-gain, instead of taking care and executing responsibilities that they have taken with utmost care and truthfulness. Corrupt minds see financial benefits in every deal. They forget that while doing this they prejudice the property and interests of other flat members. Election: 1 With the new election rules, an election is held similarly to the way in which how elections are held in any Assembly and Parliament. Cartel is formed and elections are won. It has killed the neighborhood’s love, respect, and honor. One family and one flat provision are also violated royally. Even if distant relatives or cousins have a cartel. This creates a monopoly in management. Suggestion: Like Multi Co-operative society, provide that same member or any other joint member from one flat cannot contest the consecutive election. The flat owners/member must take a break or drop out from the next election to give an opportunity to other flat owners/members. So, after serving for 5 years the said member/flat owner cannot contest election for immediate subsequent another term. This will reduce the monopoly of a few flat owners and their families, and their friends. For the convenience of the readers and lawmakers reproduced below is the provision of the Multi-State Cooperative Societies Act,2002 below which restricts reelection after two terms. Prohibition to hold the office of chairperson or president or vice chairperson or vice president in certain cases (1) No member of a board shall be eligible to be elected as the chairperson or president or vice-chairperson or vice-president of a multi-state cooperative society if such member is a Minister in the Central Government or a State Government. (2) No member of a board shall be eligible to be elected as the chairperson or president of a multi-state cooperative society, after he has held the office as such during two consecutive terms, whether full or part: Provided that a member who has ceased to hold the office of the chairperson or president continuously for one full term shall again be eligible for election to the office as such. Explanation:- where any member holding the office of the chairperson or president at the commencement of this Act is against elected to that office after such commencement, he shall for the purpose of this section, be deemed to have held office for one term before such election. Proposed Suggestion : A similar principle must be applied to the housing society. A.2 A Managing Committee was disqualified for 5 years, and an administrator was appointed. Managing Committee manages to suppress the facts from members of the society and manages that the […]
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LAW GOVERNING DIVORCE BY MUTUAL CONSENT AND THE CONSTITUTIONAL PROVISION
MARRIAGES ARE DECIDED IN HEAVEN BUT LIVED ON EARTH Introduction: Couples are so eager to get married but are not ready to accept duties and responsibilities. The problem starts from here. Marriage is the foundation of a healthy society. A fractured family gives a fractured and weak society. It gives an insecure future to the nation. Families spend lakhs and crores on the wedding with branded dresses, pre-wedding shoots, food, and ornaments but don’t focus on the spiritual and social aspects of marriage. So once the film of a wedding is over, couples enter the world of reality and find it difficult to manage their relationship with each other and with other family members. From divorce they give an insecure future to their kid if any, and to themselves. Their family members too. As laws in India are such people avoid staying together in fear of criminal prosecution, which is evidently misused in the majority of cases on advice to get divorce and alimony. As per data compiled by the National Crime Records Bureau (NCRB) in the report Crime in India 2020 about 5% of the cases under Section 498A were found to be false. The outcome is couples prefer to leave the country and settle abroad and seniors land in old age homes. These are serious dangers to society. So, should divorce by Mutual Consent be instant? Should six months cooling period be waived? If Yes, on what terms? If No, then why? The issue involved: A Constitution Bench of the Supreme Court will start hearing on 28th September, to consider the extent of its powers under Article 142 of the Constitution of India, 1950, to dissolve the marriage. The 5-Judge Bench headed by Justice S.K. Kaul and comprising Justices Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari was of the opinion that the real issue is the exercise of power under Article 142 when there is an irretrievable breakdown of marriage, but one party is not consenting to divorce. Shilpa Shailesh vs Varun Sreenivasan The Constitution Bench reference originates from a Transfer petition, wherein pursuant to the settlement, the parties had sought appropriate order of the Court to dissolve their marriage, and the same was granted by the Apex Court on the following grounds – there has been an irretrievable breakdown of the marriage between the parties; the parties are consenting to divorce; requiring the parties to go to the jurisdictional family court to invoke the provisions of the Hindu Marriage Act, 1955 to seek a decree of divorce would be a lengthy process and that, the Family Courts in the country are already burdened with a huge volume of similar litigation. Dictum: Man is a social animal. He cannot live in isolation. To carry forward the human race a sacred institution is created by the name of marriage to have progeny. Who will continue the family tradition, language, dialect, culture, food habits, etcetera. In Hindus, marriage is a sacred institution and not contractual. It carries the sanctity of an institution namely marriage. What is important is to carry forward the family legacy too. Divorce was an […]
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