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Any law can be challenged if it violates the basic structure of the constitution... whether it is related to FR or any other basic structure like "Judicial Review".. Ex- Minerva Mill case, 1980......
Yes but it will be applicable only to only those CA enacted after 24th April, 1973. Hence the land acquisition laws of 1951 still cannot be challenged..
As far as Art 31C is concerned, when it was originally enacted, it had two provisions: 1. One was related to give effect to DPSP(Art 39 b and c ) . 2. it was related to take away "judicial review" power of the judiciary.
But SC struck down the second provision as it was violating the basic structure(judicial review)...but upheld the first provision. ---Kesavananda Case (73)
In 1976 government again extended the scope of Art 31C to entire DPSP and not only 39 b and c...... It means entire DPSP got priority over Art 14/19/31..... But it was again declared unconstitutional by SC in Minerva Mill case in 1980.
So in a nutshell, parliament can amend the FR also if it does not violates the basic structure of the constitution. That is why Art 31C which gives effect to Art 39 b and c are not declared unconstitutional by SC even if it violates Art 14/19......
So the main premise of the law getting challenged is that it should affect the basic structure of the constitution and not only FR
Ordinance power of govt. can be used for levying new taxes ? Article 265 states that "No tax shall be levied or collected except by the authority of law.Therefore each tax levied or collected has to be backed by an accompanying law, passed either by the Parliament or the State Legislature.
yes ordinance can be used for levying taxes as ordinances have the same effect as an act of parliament....Art 123... recently Kerala promulgated ordinance to hike land and plantation tax....
Ordinance is also an act ..they are in the nature of temporary laws....Art 13....
@adi17 Yes, you are right. But the thing is, if self regulation, then how can media be made more responsible and mature? We all know the are always behind TRP and money making has become their prime motive. What mechanism should be in place to check at least the instances which will have some serious implications on Internal Security? I believe, self regulation is the best way out, but given the level of maturity of the people in this business (not all are immature, we know that), there should be a mechanism in place. What do you think?
@adi17 Yes, you are right. But the thing is, if self regulation, then how can media be made more responsible and mature? We all know the are always behind TRP and money making has become their prime motive. What mechanism should be in place to check at least the instances which will have some serious implications on Internal Security? I believe, self regulation is the best way out, but given the level of maturity of the people in this business (not all are immature, we know that), there should be a mechanism in place. What do you think?
Govt can communicate with various channel heads and ask them them to exercise a bit of caution during such terrorist attacks.. but we must remember that media is the only source of info. during those attacks.. if it is silence then all type of rumours will spread through social media...if the media representatives are apprised about the gravity of situation ..i think most will agree for a sensible reporting of event
yes ordinance can be used for levying taxes as ordinances have the same effect as an act of parliament....Art 123... recently Kerala promulgated ordinance to hike land and plantation tax....
Ordinance is also an act ..they are in the nature of temporary laws....Art 13....
Ok thanks. But hiking an existing tax and levying a new tax is altogether in different thing ? isn't it? Just wondering if there is any previous case of imposing a new tax using ordinance.
Brother i agree with you and i also want to see a regulated media or at least self regulated media.. But lets analyze the 26/11 attack which is adding fuel to the fire of media regulation. We say that minute by minute reporting was facilitating the terrorists inside the hotel.
1. It is the duty of police or security agency to barricade the area which is under attack so that outsiders won't access it... so if media was able to be present so close to the scene that they could see all the commando operations in front of their eyes and media was able to report every move of commando's ..it is the weakness of police force and not the media... if our police forces are not even trained to block media personnals how can we expect them to protect us against LeT trained terrorists... So as far as 26/11 argument is concerned i think it is just a crap...... These are just tactics of the weak government to hide its weakness ...
But apart from that i agree that many media persons run after money and TRP... but again we should think that it is the same in every sector in India..so it is not that only media is affected by it.....
in an era where transpareny and accountability are the demand of the day..freedom of speech and expression through the lynchpin role of media has to be protected.... If the state and central government want they can prevent media easily from accessing sensitive information...for that there is no need to bring additional legislation which will again open the window of arbitrary media regulation.... solution should not be more problematic than the problem itself....
@adi17 I agree on all points except the comparison of media with other sectors. In general, Media should mirror the society and should not focus on what will fetch money to them. Their focus is simply on Crime, Cinema, Cricket, Comedy (there are exceptions of course).
brother this focus on cinema, cricket, etc.. is not a bad thing... with the liberalization in India the number of media houses and competition among them has increased manifold.. so profit motive will guide every media house whether it is private or state owned....
It is almost like telling why private sector in India don't invest in infrastructure investment? whatever idealist or patriotic reason you give but you can not force any private company to invest just because the funds are lacking....
few years back even DD used to force ESPN/Start Sports to share live feed of the cricket matches by saying that it was working in the interest of poor people who can not pay for cable tv...but DD never said anything like that for tennis match or hockey match...
So in order to survive this cutthroat competition media also focus on stories related to Crime, cinema, etc as they are the sections of news which sell more..... we are upsc aspirants so we read news in depth..but how many people really like to read about what is going inside Parliament?
and for those people who really like to get news other than cinema, crime etc..there is no dearth of media resources.....
This is an era of LPG, we can not expect the same media ethics like in times of M Gandhi...
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Comments
Any law can be challenged if it violates the basic structure of the constitution... whether it is related to FR or any other basic structure like "Judicial Review".. Ex- Minerva Mill case, 1980......
Yes but it will be applicable only to only those CA enacted after 24th April, 1973. Hence the land acquisition laws of 1951 still cannot be challenged..
As far as Art 31C is concerned, when it was originally enacted, it had two provisions:
1. One was related to give effect to DPSP(Art 39 b and c ) .
2. it was related to take away "judicial review" power of the judiciary.
But SC struck down the second provision as it was violating the basic structure(judicial review)...but upheld the first provision. ---Kesavananda Case (73)
In 1976 government again extended the scope of Art 31C to entire DPSP and not only 39 b and c...... It means entire DPSP got priority over Art 14/19/31.....
But it was again declared unconstitutional by SC in Minerva Mill case in 1980.
So in a nutshell, parliament can amend the FR also if it does not violates the basic structure of the constitution. That is why Art 31C which gives effect to Art 39 b and c are not declared unconstitutional by SC even if it violates Art 14/19......
So the main premise of the law getting challenged is that it should affect the basic structure of the constitution and not only FR
Ordinance power of govt. can be used for levying new taxes ?
Article 265 states that "No tax shall be levied or collected except by the authority of law.Therefore each tax levied or collected has to be backed by an accompanying law, passed either by the Parliament or the State Legislature.
thanks.
yes ordinance can be used for levying taxes as ordinances have the same effect as an act of parliament....Art 123... recently Kerala promulgated ordinance to hike land and plantation tax....
Ordinance is also an act ..they are in the nature of temporary laws....Art 13....
Yes, you are right. But the thing is, if self regulation, then how can media be made more responsible and mature? We all know the are always behind TRP and money making has become their prime motive. What mechanism should be in place to check at least the instances which will have some serious implications on Internal Security? I believe, self regulation is the best way out, but given the level of maturity of the people in this business (not all are immature, we know that), there should be a mechanism in place. What do you think?
Just wondering if there is any previous case of imposing a new tax using ordinance.
Brother i agree with you and i also want to see a regulated media or at least self regulated media.. But lets analyze the 26/11 attack which is adding fuel to the fire of media regulation. We say that minute by minute reporting was facilitating the terrorists inside the hotel.
1. It is the duty of police or security agency to barricade the area which is under attack so that outsiders won't access it... so if media was able to be present so close to the scene that they could see all the commando operations in front of their eyes and media was able to report every move of commando's ..it is the weakness of police force and not the media...
if our police forces are not even trained to block media personnals how can we expect them to protect us against LeT trained terrorists...
So as far as 26/11 argument is concerned i think it is just a crap...... These are just tactics of the weak government to hide its weakness ...
But apart from that i agree that many media persons run after money and TRP... but again we should think that it is the same in every sector in India..so it is not that only media is affected by it.....
in an era where transpareny and accountability are the demand of the day..freedom of speech and expression through the lynchpin role of media has to be protected....
If the state and central government want they can prevent media easily from accessing sensitive information...for that there is no need to bring additional legislation which will again open the window of arbitrary media regulation.... solution should not be more problematic than the problem itself....
Brother it can be used to bring new tax also....
I agree on all points except the comparison of media with other sectors. In general, Media should mirror the society and should not focus on what will fetch money to them. Their focus is simply on Crime, Cinema, Cricket, Comedy (there are exceptions of course).
brother this focus on cinema, cricket, etc.. is not a bad thing... with the liberalization in India the number of media houses and competition among them has increased manifold.. so profit motive will guide every media house whether it is private or state owned....
It is almost like telling why private sector in India don't invest in infrastructure investment? whatever idealist or patriotic reason you give but you can not force any private company to invest just because the funds are lacking....
few years back even DD used to force ESPN/Start Sports to share live feed of the cricket matches by saying that it was working in the interest of poor people who can not pay for cable tv...but DD never said anything like that for tennis match or hockey match...
So in order to survive this cutthroat competition media also focus on stories related to Crime, cinema, etc as they are the sections of news which sell more..... we are upsc aspirants so we read news in depth..but how many people really like to read about what is going inside Parliament?
and for those people who really like to get news other than cinema, crime etc..there is no dearth of media resources.....
This is an era of LPG, we can not expect the same media ethics like in times of M Gandhi...