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| Rashtrapati Ji - Exercise authority kindly | | | R.B. Suri | 3/7/2018 10:28:07 PM |
| As per the Indian Constitution the Government of India (GOI) is discharging its duties faithfully in accordance with the principle of natural justice. Rashtrapati Ji is the Head of the country under whom all the statutory functionaries and others function in the areas of their jurisdiction in the right earnest. He is also the supremo of the Armed forces of the country. All the Chiefs of Army, Navy and Air Force come under his command and control.
Not only this, all the things are being done in the country upon his designation (name) only. All big functionaries, while issuing tenders, notifications, accepting and signing the same is always done upon his name only. This is very much mandatory. Since he is the Head of the Nation, he gives the oath of Indian Constitution to the Prime Minister and his Council of Ministers at the national level for the governance of the country and in the states, the Governors play his role likewise in giving the oaths to the Chief Ministers and their Council of Ministers. Whatever, he directs, all the subordinates are under obligation to comply with the imparted directions in letter and spirit well in time.
Article 53 of the Indian Constitution is very much relevant on this score - quote as under :-
Under this Article of the Indian Constitution the executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. Without prejudice to the generality of the foregoing provision, the supreme command of the Defense Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.
Nothing in this article shall be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority.
The writer of this article is raising a very important issue in this article that the country in general and the state of Jammu and Kashmir in particular are facing the ills of Kashmir unrest since 1989 and the vulgar situation is at the peak these days. Kashmir unrest has created a total chaos and lawlessness in the entire state and in the valley particularly .
In the past, many precious lives of the innocents have gone besides huge losses/damages to the governmental and private properties. The Central Governments in the past have taken the issue involved not so seriously and it has been haphazardly causing great loss to the exchequer at the cost of the countrymen. There is a dire need of solving the issue , in question, once for all.
In Lok Sabha in 1994, a unanimous resolution was adopted as " One third area of Jammu and Kashmir State now under the illegal occupation of Pakistan is an integral part of India and it shall be vacated."
On this score the then Prime Minister Atal Behari Vajpayee warned Pakistan to remain within its ambit otherwise be prepared for a war - aar ya paar. When this resolution was adopted, Print and Electronic Media at the National and International level was stunned to note that how the peace loving Country like India can take such a bold decision ?
While passing the resolution, in question, no time limit was mentioned. 23 years have gone just for nothing. Pakistan did not mend its ways up to this time and instead made several Ceasefire violations. This year it has crossed all its limits and the Cease fire Violations are to the order of more than 950 during the last 3 years. Still the Cease fire violations are on. By doing so PAK is busy in devising the strategies to weaken India at any cost. The Union Government has given a clean chit / orders to the Army to give a befitting reply to Pakistan suo motto without waiting for the signal from the HQ. This is evidently clear that now the Government is fully determined to take the swift action detrimental to the interests of Pakistan.
This time if Pakistan does not apply the restraints on its actions and deeds, then it should remain ready for its disintegration. India will not tolerate any more. PM Narender Modi and Defence Minister Nirmala Sitharaman and Home Minister Rajnath Singh every now and then have warned Pakistan in an equi vocal term to mend its ways. Pakistan should not take the warning so lightly. Our Present PM Narender Modi exceptionally a different personality who can take any swift action in favour of the Nation to set right Pakistan in the days to come. Therefore, our Country without wasting any further time should make very clear to PAK that now be ready for the action and its consequential effects .
On this score in 1994 the Supreme Body - Lok Sabha has already discussed the issue of vacation of POK in detail and after having the hectic and detailed discussions 'Resolved' that POK will be vacated from the grifth of the Pakistani Rulers. No time frame was made in that resolution, it was left to the Central Government but the Governments whoever remained at the national level. A period of about a quarter century is going to end it is painful to write that no concrete action was taken on this score now it has become a great joke as the successive governments in the past did not act in pursuance to the resolution adopted by the Lok Sabha resulting which Kashmir issue which is very much concerned with the same, has take a giant volcanic stage which may explode any time putting the Integrity and Soverignty in danger. Therefore in the given circumstances, it becomes obligatory on the part of Rashtrapati Ji who is the Head of the Nation to rise to the occasion and should direct the Prime Minister of the country Narender Modi (who enjoys the comfortable majority in Lok Sabha) to implement the said resolution of Lok Sabha in letter and spirit without fail and get the POK vacated from Pakistan. The moment POK is vacated the issue of Kashmir would automatically be solved once for all. While exercising his authority under Article 53 of the Indian Constitution , the President of india may direct the Prime Mininster to implement the resolution, in question, in letter and spirit.
His directions in this regard shall be binding upon the Prime Minister of the day to act upon faithfully by all means .
Under no provision of Law PM can disrespect the President of India on this score. If the issue involved will be kept open, sidelined and no specific action is taken, there will be great question mark on the Integrity and Sovereignty of the country. It is the high time to act immediately and POK be vacated from Pakistan by all means come what may. Having not implemented the captioned Resolution so far, the Union Government has shown the disrespect to the Parliament which is the Supreme body in the Parliamentary Democracy rather has made the non compliance of the same which amounts to contempt indeed. |
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