Saturday, April 14, 2012

Vodafone Case

Today I was watching 'Big Fight' on NDTV. it was on Retrospective amendment that the Govt. has brought after losing Vodafone case in Supreme Court. The retrospective effect extends to year 1962. One of the Panelist was Lord Swaraj Paul, MP from UK. He repetedly said that one must not bother about effect on one company. Govt. has right to amend Law with retrospective effect and all the Govts. of the World do so at some time or other. He misses an important point. It is not about the amendment.

I am born in Independent India in 1947. My entire life i believed that India is free and Democratic country. Preamble of our constitution says that Liberty, Equality and Fraternity are my Basic rights. Shorn of Legal Jargon what it means is that all the Citizens of India are equal and have Equal rights, whatever may be their Social,Political,Financial status.

In other words if I have a Dispute with Rahul Gandhi and Sonia Gandhi, I have right to seek justice and I can appeal in the Court Of Law. Courts will decide the Case on Merit. If Supreme Court gives judgement in my favor, than it will be accepted by Rahul Gandhi and Soniaji ( I am sure they would) and that Judgement is binding on all the Citizens of India,All the Panchayats,all the Municipal Corporations, State and Central Govts.,Armed Forces and even President Of India who has appointed the Judges.

In Vodaone case, after receiving adverse judgement, Govt. amended the law & retrospective effect was to overturn the judgement of Supreme Court. This has Shaken my Faith and Pride that India is Democratic country where everyone is equal before the majesty of Law. I know many will say that it is Crap,BS. When I was in collage I had read ' In High Places' by Arther Hailey, which shows actual working of Govt. behind all these lofty slogans and phrases. But on this the nation works. These are all ideals but people stake their life for. Honor, Duty are also such phrases for which armed forces sacrifice their lives.

This year Govt. has once again reversed an unfavorable Judicial Verdict by stroke of Pen.
Indira Gandhi did it in 1975 after Allahabad High court judgement and imposed Emergency.
Rajeev Gandhi did it in 1986 after Shah Bano case judgement and passed Muslim Women Act. he lost the next election.
This Govt. has done it in Vodafone case after adverse judgement.

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