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1373 Points
Joined January 2012
Role of Management consulting it a product of very many GDs on the relevant system in a systematic manner like CAG but parliamentary unsystematic discussions never lead any sensible cybernatics in discussions as every member suffers from enormous ego that he is superior human being as i am elected by a constituency of so many lacs f members and that blurs his vision. similarly the law making process of ministries many a time unsystematically, so the statute gets tested over several years of its utility in some cases several centuries and it that law survives then that law is appearing to be okay and yet it needs several more years of application of facts(which facts cannot be imagined in several ways as facts emerge) so courts every time tests the laws with the facts brought before them that way laws are getting tested.
see schedule IX of constitution of India was tested from 1951 to 2007 and in 2007 then CJI YK Sabharwalm in his the constitutionalm bench on 7 january 2007 delivered the judgement in the case IE Coelho v TN and this decision finally deactivated schedule IX introduced in 1951 first constitutional Amendment Act. Thus every law when tested and when is about 100 % accepted over half a century then it is okay wisdom else it wasted the the time of people and the resources.
It is interesting to note the view of chief justice Hughes: 'If democratic institutions are to survive, it will not simply by maintaining majority rule and by te swiftaaptations to the needs of the moment, but by the dominance of sense of justice which will not long survive, if judicial process do not conserve it'.
In this way let us see what Justice Story in the Dortsmouth college case said,:
I have pondered on the case before us with anxious deliberations, i entertain great respect for the Legislature whose acts are in question...no less respect for the enlightened tribunal whose decision we are called upon to review......I have endeavoured to keep my steps 'super antiquas vias' of the voice of the law, under guidance of authority and principle. .. It is not for the judges to listen to the voice of persuasive eloquence or popular appeal. We have nothing to do but pronouce the law as we find it; and having done this, our justification must be left to the imperial judgement of the country.'
i hope i have rendered my view for all of our fellow travellers benefits. tks n regds. Dr G. Balakrishnan