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The Hindu Original article ›
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How the concept of the Basic Structure of the Constitution of India came into being is shown here in The Hindu.

The Hindu Original article ›
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Judicial interpretation of India's Constitution enables upward mobility, building the infrastructure that supports upward mobility without leakage of funds, and world social justice, says Chief Justice of India's Supreme Court D.Y. Chandrachud. He was giving the Nani Palkhivala Memorial Lecture in Mumbai.  Prime minister Modi could not pursue India's rapid development program to benefit all parts of society without the help of the Supreme Court in interpreting the Constitution in a way that supports India's development. "The identity of the Indian Constitution has evolved through the interaction of Indian citizens with the Constitution and has been accompanied by judicial interpretation... If you look at the Constitution, it does not favor unbounded economic liberalism. Rather, our Constitution seeks to find the right balance. When individuals can exercize their liberties and to be fairly rewarded for their efforts, then economic justice becomes one of the many inter-related dimensions of life. Ultimately, we share common faiths and destinies to the point that development of each individual fosters social justice in the entire world." "The basic structure doctrine of India's Constitution is that it guides and gives certain direction to its interpreters and implementers, when the path is convoluted. The craftsmanship of a judge lies in interpreting the text of the Constitution with the changing times while keeping its soul intact." This happened when Nani Palkhivala presented the idea before the Supreme Court in 1973 against prime minister Indira Gandhi's Emergency rule that parliament had limits to its powers when it came to amending the Constitution if by amending it the amendment would destroy the spirit of the Constitution or its basic idea. This includes freedom of expression, rule of law, separation of powers, freedoms guaranteed to all citizens. The amending power is limited and cannot be turned into an absolute power. Another way of looking at it is that parliament itself is organized by statutory authority. And it cannot destroy or dismantle the very basic features of the law (the Constitution) that created it in the first place.     ...
NYTimes.com Original article ›
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Chile's new constitution was drafted after a vote on a constitutional convention in which many people not involved before and on the fringes of society including indigenous groups were elected. More than half are independents and from different groups of society not well represented before. As a result of this the lack of experience has led to enshrining every single right that one could think of instead of focusing on what the protests were about about - the pension system, unfairness in access to health housing and education in the way funds are allocated from the budget, and promoting fairness in government.  At this time there is no certainty that it will be passed. A 36 year old student protest leader Gabriel Boric is the president elected after two years of protests about the unfairness of the system that took shape under a constitution written by a military dictator Pinochet who ran the country from 1973 to 1990. Pinochet came to power in a coup that is common in the history of South American Republics such as Brazil, Argentina, Chile and other countries. During the period of the government of Marxist president Salvador Allende the country was polarized resulting in the military taking over.  If the constitution is rejected a new convention will be formed to write a new constitution. In following the Structure of the US, Canadian, or British constitution, or the Indian it is important to look at the document so that it will stand the test of time rather than simply enumerating the rights of man. It is also important to focus on how to make the basic rights such as food, housing and education be well funded and society to be run along lines of basic fairness in incomes, while protecting enterprise and industry that can create new wealth for the country. The large South American economies are mainly dependent on commodities for export and there is a need to fund new business sectors which are not in commodity products- copper in the case of Chile- so that the economy can develop in a way that funds progress in incomes. ...
Wall Street Journal Original article ›
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About Azim Premji who leads one of India's largest software and outsourcing companies. He was educated at St Marys school in Bombay and later at Stanford as an undergraduate, has roots going back to the 1940's in Bombay, and has run WIPRO from Bangalore in southern Indian state of Karnataka which does not have much of a religious orientation of Hindus and Muslims that is found in northern India. So it may not be so unnatural for him to keep aside religion from the rest of his life and in doing business and also for him to embrace the secularist basis of India's constitutional and moral fabric. Just as a Nehru who was one of the founders of the Indian Republic and one of the people involved in drafting its constitution and governmental structures remained aloof from religion Hindu or Muslim even though he was born in a Kashmiri Hindu family that settled in Allahabad. Nehru was widely described as agnostic and was educated at Harrow an English school and went to Cambridge for his undergraduate education. Upbringing and education from school days can have a significant influence and Premji's success may be due to the fact that he must be a very well educated, sharp and mature person just like Narayan Murthy of Infosys, so much so that he would stay out of the political and religious quarrels that plague any region and because of the depth of ignorance and hostility brought about by religious groups stay completely aloof from them....

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