Wednesday, July 2, 2014

RE: [IAC#RG] Oath given by Hon President of India and Governors

2/7/14
Sir,
You are asking for an impractical solution to bring the bureaucracy to book
As you know the Constitution contains provision forOath of Office and the format for different functionaries and the format differs .Impeachment provision for the President and the S.C judges has been provided. But the conditions are so stringent that even a few attempts for judges have failed.
Oath of office is also for the Ministers and M.Ps?MLAs. Has ever the breach of Oath provision invoked.
2. Under what authority you expect the President to invoke Oath provision for the bureaucrats?3.Let us say a Minister has to take an oath of office and Oath of secrecy and you find that he is guilty on one or other count.How will you proceed under the Constitution for breach of oath?
JKGaur


Date: Tue, 1 Jul 2014 09:13:51 +0530
From: ashraftriangle@gmail.com
To: indiaresists@lists.riseup.net
Subject: [IAC#RG] Oath given by Hon President of India and Governors

This has reference to the 2014 judgment by Hon SC regarding shifting of responsibility to courts for decision by bureaucrats .In this regard I invite attention to the articles in the constitution where Hon President of India takes oath to protect preserve and defend constitution and law and consequences of breach is severe ie impeachment .This oath is equally applicable to the subordinates of the Hon President as well as subordinates of Hon governors.But the the subordinates more often violate the law and constitution while framing rules and regulation or executive instruction and for breach of constitution and law they are not made accountable.There are thousands of judgments by Hon SC that constitution and law is vilolated but bureaucrats still frame rules regulations instructions etc not only violating law but also violating fundamental rights
I have submitted a petition to Hon President HonCVC and Hon CM Kerala to administer similar oath to all departmental heads to protect preserve and defend constitution and law and in case of breach to suffer a  deterrent punishment Now the bureaucracy is making rules and regulation as well as law in casual manner and sending citizens to courts thereby wasting precious time of courts as well as public monet.
P P M ASHRAF

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