Mainstream Weekly

How Much of a Democracy is India, Really? | P. B. Sawant

P.B. Sawant — 2021-01-02T12:36:00Z

Abraham Lincoln defined Democratic Government as a government of, for and by the people. This definition was true to the spirit of the origin of democracy in the ancient Greek city states, where all males above 18 years were participating in the day to day affairs of the government. The essence of democracy is the participation of the people in the day to day affairs of the state. Mere elections are not democracy. The elections become necessary when on account of large populations people (…)

- 2021

Only by the people | P B Sawant

P.B. Sawant — 2020-08-14T16:45:22Z

Law must be amended to make it mandatory for defectors to seek fresh elections
Toppling the governments and nullifying the verdict of the people, because of the lure of individual gains, has become normal practice. It is a matter of grave concern for those who want to save democracy and the Constitution.

- 2020

Repeal of Article 370 is Misleading

P.B. Sawant — 2019-10-05T17:49:37Z

Dear Compatriots,
Hoping that by this time, the fever of the so-called victory over the alleged abrogation of Article 370, created by the Government of India, has subsided at least by some degrees, I venture to draw your attention to the other side of the picture which is truth and reality.
At the very outset let me make it clear that neither Pakistan nor any other country has any right to meddle in this matter. Pakistan has not even a moral right to do so, since it has forcibly occupied (…)

- 2019

Simultaneous Elections

P.B. Sawant — 2018-03-12T10:58:08Z

Our country is a federal state with its constituting units, namely, the States having autonomy of governance in the subjects allotted to them by the Constitution. Federalism is also one of the basic features of our Constitution. The constitution of Legislative Assemblies and of the State governments is also one of the autonomous functions of the State. The Union Government cannot interfere with the governance of the State except when there is a proclamation of Emergency under Articles 352, (…)

- 2018

Chief Justice and his Powers

P.B. Sawant — 2018-02-13T10:15:00Z

The present controversy over the powers of the Chief Justice, whether of the Supreme Court or of the High Court to constitute, the Benches of the respective Courts, has more than one dimension. The constitution of benches is undoubtedly an administrative matter and should ordinarily be the privilege of the Chief Justice as the administrative head of the Court. But neither is the Court an administrative institution nor is the power to constitute the Benches, ordinary. The function of the (…)

- 2018

Common Civil Code

P.B. Sawant — 2016-06-26T20:02:27Z

There is a good deal of misunderstanding about the subject itself, which is aggravated by the language of Article 44 of the Constitution. Most people believe that we do not have common civil laws in this country. The reality is, all civil laws are common, except one law, namely, the personal law which varies with the religious groups. The personal law relates to marriage, divorce, succession and inheritance, main-tenance, custody of children and adoption. By tradition, the personal law is (…)

- 2016

Challenges before Rationalists

P.B. Sawant — 2015-09-05T20:36:51Z

The irrational thinking and doing is mostly the result of desperation and loss of balance of mind. People fall a victim to it on account of three main reasons: i) ignorance and fundamentalism which is nothing but orthodoxy combined with fan-aticism; ii) the uncontrolled passions released by the inherent enemies of Man, namely, lust, anger, greed, fear, egoism, jealousy and possessive love; and iii) insecure and uncertain conditions of life.
Ignorance may be curbed by proper education (…)

- 2015

On Death Penalty

P.B. Sawant — 2015-08-15T07:51:02Z

The following piece was written against the backdrop of Yakub Memon's execution.
The question is often asked if we have a right to take life when we cannot give it. The right question to be asked in this connection is whether the death penalty is a rational sentence. Will not life imprisonment instead of life extinguishment serve the purpose? The intent of both punishments is to remove the man from the society, since on account of the heinous and inhuman act he committed he does not (…)

- 2015

Justice in Peril

P.B. Sawant — 2015-07-31T17:39:11Z

The current events have raised some ponde-rable questions relating to our criminal justice system. The system involves three different institutions—the investigating agencies, the prosecution and the Courts. The Courts have to decide the cases on the basis of the evidence, law and jurisprudence. The evidence is collected by the investigating agencies according to their own methods which are inscrutable. The prosecution has to assist the Court by presenting its case as fairly as possible. (…)

- 2015

Somnath Temple Entry

P.B. Sawant — 2015-06-13T18:55:16Z

The management of the Somnath Temple has issued an order that non-Hindus will have to take its permission to enter the temple premises. The order may be legal under Article 26 of the Constitution, but is ludicrous on the face of it. The fact that the present holder of the office of the Prime Minister is a Trustee of the temple makes it ominous, The reasons given for issuing the order are self-defeating. One reason is that the sanctity of the temple will be polluted, and the other is that the (…)

- 2015