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Rahul Mehta, we must replace India’s Consititution, but Article 147 is not a backdoor for British imperialism

India's Constitution has many weaknesses. I've critiqued it extensively in BFN.
 
But I wasn't aware that there is controversy regarding Article 147. Some one on twitter attracted my attention to this issue and I had a quick look.
 
Here's IITian Rahul Chimanbhai Mehta making some remarkable claims about this Article:

Well, looks like this controversy has been going around for a while. I agree that the Article is poorly drafted:

147. Interpretation In this Chapter and in Chapter V of Part VI references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947 , or of any order made thereunder

But there is no need to panic. The British are not taking over India. There is no risk to India's sovereignty! I'm re-publishing something useful in this regard which I found on the internet.

All know that the Hon’ble Supreme Court of India is supreme in interpretation of any substantial question of law including the interpretation of Indian Constitution itself. Article 147 of Indian Constitution speaks about such power of interpretation of law and it specifically makes it clear that such interpretation of law by Supreme Court shall include interpretation of the Government of India Act, 1935, Order in Council meaning Privy Council and Indian Independence Act, 1947. Article 395 of Indian Constitution speaks about repeal of the Government of India Act, 1935 and the Indian Independence Act, 1947. But the same Article does not repeal the Abolition of Privy Council Jurisdiction Act, 1949. We, the people of India adopted and enacted our Constitution on 26th November, 1949 although it came into force with effect from 26th January, 1950 from which day we became Republic of India. The question here is why was the Abolition of Privy Council Jurisdiction Act, 1949 not repealed by Indian Constitution and if the said law is not repealed whether His Majesty in Council still continues to rule India. My answer to this question is absolutely NO. The said Act of 1949 abolished the jurisdiction of His Majesty in Council over India and any repeal of said Act of 1949 by Article 395 of Indian Constitution would have restored that jurisdiction over sovereign India. -Adv.B.S.More [Source]

 

ADDENDUM

See also Rajiv Dixit elaborating on a similar issue.

Sanjeev Sabhlok

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14 thoughts on “Rahul Mehta, we must replace India’s Consititution, but Article 147 is not a backdoor for British imperialism
  1. Sanjeev Sabhlok

    Here’s some commentary on FB, mainly by Rohit Dhiran:

    This fake independence is on lease, India is on lease for 99 years,. Britishers can return back to India after 99 years from 1947. It is written on Transfer of power agreement that was signed between Nehru and Mount Batton. Be ready to be slave again!!
    http://www.youtube.com/watch?v=atztV8utmgc&list=LLV7AMNnQS-PFJOYYJlxaOYw&feature=mh_lolz
    HQ – India is on lease for 99 years not the Bharat, India’s Fake Democracy exposed By Rajiv Dixit
    Rohit Dhiran Sanjeev Sabhlok Article 147 of indian constitution says that England even today can again capture india if they wants.
    Article-147 mentions 5 items — IIA-1947, GoIA-1935 and Privy Council, amendments in IIA-1947 and amendments in GoIA-1935 wrt inter…See More
    PLEASE get simple ENGLISH and HINDI re-statement of article-147 of indian constitution. Call every HC\SC Judges you know, and ask every professor you know. If professor says that “he cant understand this english” then threaten him that …See More
    https://www.youtube.com/watch?v=x5essvg9oHc
    Article-147 of Constitution says that Supreme judges have to obey British Court & Solutions – H142
    अधिक चर्चा के लिए http://www.forum.righttorecall.info या http://www.facebook.com/groups
    Wrong blog 101% https://sabhlokcity.com/…/
    We must replace India’s Consititution, but Article 147 is not a backdoor for…
    This article is an opportunity for British,US ( along vid NATO) forces to attack india . ( like they attacked iraq stating chemical/nuclear weapons d reason) and
    See the NATO countries have enslaved Iraq, Afghanistan, Libya and Mali. They are trying to enslave Syria, Iran and India will be next…
    शिखर यादव Rohit Dhiran well in that case, why hasn’t it already occurred? What are the Britishers waiting for before they capture the resources and mannower of our country-are they so innocent that they are waiting for their collapse as a nation due to debt or attack from china-even as they miss the opportunity when there are indian politicians who are ready to sell the nation to a “few” MNC’s (smaller in military or financial power as compared to entire nations such as Britain)?!
    Rohit Dhiran British did not until claim now, as they arent strong enough to take India over right now. They will create it as legal basis when they are capable of re-taking India. USUK are now one N capable of taking over India, but in the process if India and China end up joining hands, then USUK will lose India and also suffer heavy losses. Also, Iran is more precious than India. So USUK is now focusing on Iran, and the destroy China before they can takeover India .
    US\UK can wipe out Indian Military in just 2 months without losing even 2% of its own. And no Indian missile or plane will be able to damage anything in UK or USA. In fact, with flick of switch (a) USA can shut down all our telecom equipment because they are all made in USA and have kill switches in them (b) USA can ground all our fighter planes as they are all made in UK, France and they all have kill switches in them (c) most power plants will be down as many power plant equipment come from USA and all have kill switches. We also heavily depend on US satellites for GPS and US servers for internet, and that too will be down. So before USA starts war, almost 90% of Military and over 50% much of civilian India would be paralyzed. Doing Iraq on India will not take more than 2 months after that.
    शिखर यादव “if India and China end up joining hands” LOL…Now explain any emperical reason in support of your claim of this as a possibility;citing literature of international relations etc.
    “Iran is more precious than India.” explain
    “and the destroy China before they can takeover India .” destroy china-how?
    Rohit Dhiran Why US wants to attack syria?? They know that Syria and Iran have a mutual defense agreement and if NATO forces enter Syria,Iran will be drawn into the fight.They wants to capture crude oil mines and To devor all the mineral mines.And USA has oil of Iraq\Libya,Saudi,Kuwait which whole world needs.
    शिखर यादव “legal basis”-what is legal and illegal in intra national matters?
    Rohit Dhiran British Parliament can amend IIA-47 and Supreme Court judges use the art-147 to support British claim on India. And then if PM doesnt obey that SCjs’ judgment, then British can use “upholding SCjs’ verdict” as a cause to enact a resolution against India in UN. And then use that as a basis to attack India.
    शिखर यादव so, it is a strong enough “legal basis” than why is any other strength required certainly military strength is only relevant if our politicians are not ready to sell the country to US? Why would you believe that it is so? My basic question is still unanswered-what are Britishers waiting for?
    Rohit Dhiran The MPs depend on industrialists such as Tata, Birla, Ambani etc and they all heavily depend on West for spare parts of the imported machines they are using. So none want to take initiative to mess with USUK.
    This agreement is legal only for 99 years.When 99 years lease complete.Britisher will come again.
    Read the history:-Why Did China Lease Hong Kong to Britain For 99 years?
    Answer:-The short answer is that China lost Hong Kong to Great Britain in the Opium Wars,In1898, the British and Chinese governments signed the Second Convention of Peking, which included a 99-year lease agreement for the islands surrounding Hong Kong, called the “New Territories.”
    On June 30, 1997 Hong Kong Is Handed Over to China From Britain With the lease set to end in 1997. Britain and China began discussing the future of Hong Kong in the early 1980s.
    But anyone could have noticed one thing — why is the language so complex. A complex language is a proof that person is hiding something. But no one bothered to spend time.And pls Note this article is added by Nehru and Rajendra Prasad.

     
  2. Rohit dhiran

    Article 147 of indian constitution says that England even today can again capture india if they wants.

    Article-147 mentions 5 items — IIA-1947, GoIA-1935 and Privy Council, amendments in IIA-1947 and amendments in GoIA-1935 wrt interpretation of constitution.

    Art-147 clearly says that supreme court judges will have to FOLLOW these five items.

    We are still under The control of British parliament and British supreme Court.Article-147 of Constitution says that Supreme judges have to obey British Court.

     
  3. Rohit dhiran

    Adv.B.S.More is wrong.Any amendment done by British Parliament to GOIA-35 (Govt of India Act 1935) and IIA-47 (IIA-47 = Indian Independence Act 1947) will be binding on Supreme Court judges !!! And orders passed by Council i.e. Privy Council i.e. British Supreme Court on IIA-47 and GoIA-35 too will be binding on Supreme Court judges.

    British Parliament can amend IIA-47 and Supreme Court judges use the art-147 to support British claim on India.And then if PM doesnt obey that SCjs’ judgment, then British can use “upholding SCjs’ verdict” as a cause to enact a resolution against India in UN. And then use that as a basis to attack India.

    As per hidden agreement on 2nd September 1946, the Interim Government of India was formed, with Nehru as its head. The Constituent Assembly approved the aforesaid allegiance to British Rule in Article 147 of the Constitution of India to ensure that Supreme Court and High Courts in India cannot interpret anything beyond the scope of the interpretation of the Government of India Act, 1935, thus provision was provided that “In this Chapter (Chapter IV of Part V) and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act) , or any Order in Council or Order made there under, or of the Indian Independence Act, 1947, or of any order made there under.”

    To hide the terms and conditions that were actually agreed upon between the Congress Leadership and the Cabinet Mission, on July 10, Jawaharlal Nehru, in a press conference in Bombay declared that the Congress had agreed only to participate in the Constituent Assembly and “regards itself free to change or modify the Cabinet Mission Plan as it thought best”. Whereas the then Indian Civil Society Leader Mahatma Gandhi had strongly opposed the Cabinet Mission Proposal. This Agreement, which was actually agreed upon, stands exposed by Section 8 of the Indian Independence Act, 1947, passed on 18th July 1947, by the British Parliament, imposing the allegiance to British Rule governed in India under Government of India Act, 1935, upon Indian Constitution with the following provisions.

    Some of the provisions of the Indian Independence Act, 1947 provides as under:-

    Section 8. (1) In the case of the new Dominions, the powers of the Legislature of the Dominion shall, for the purpose of making provision as to the constitution of the Dominion, be exercisable in the first instance by the Constituent Assembly of that Dominion, and references in this Act to the Legislature of the Dominion shall be construed accordingly.

    Even after 67 years of Independence, still we Indians believs that Indian Constitution was prepared by Dr. B. R. Ambedkar. But, this was contradicted by Dr. Ambedkar himself, on 2nd September 1953, by making a statement in the Rajya Sabha (Parliament) that “People always keep on saying to me, so you are the maker of the Constitution. My answer is I was a hack. What I was asked to, I did much against my will. I am quite prepared to say that I shall be the first person to burn it. It does not suit anybody.”

    (2) Except in so far as other provision is made by or in accordance with a law made by the Constituent Assembly of the Dominion under subsection (1) of this section, each of the new Dominions and all Provinces and other parts thereof shall be governed as nearly as may be in accordance with the Government of India Act, 1935; and the provisions of that Act, and of the orders in Council, rules and other instruments made thereunder, shall, so far as applicable and subject to any express provisions of this Act, and with such omissions, additions, adaptations and modifications as may be specified in orders of the Governor-General under the next succeeding section, have effect accordingly:

    (3) Any provision of the Government of India Act, 1935, which, as applied to either of the new Dominions by subsection (2) of this section and the orders therein referred to, operates to limit the power of the legislature of that Dominion shall, unless and until other provision is made by or in accordance with a law made by the Constituent Assembly of the Dominion in accordance with the provisions of sub-section, (1) of this section, have the like effect as a law of the Legislature of the Dominion limiting for the future the powers of the Legislature.

     
  4. Sanjeev Sabhlok

    Cool, Rohit. You think any country in its right mind wants to take over the WORLD’S GUTTER known as India? Even assuming they had all the power to take over India?

    Today, if it wants, China can walk in and take over India. Yes, it may be a bit bloody but its superiority over India is overwhelming. But do you think it is interested?

    Just like India would never touch Bangladesh with a boompole today. No one wants losers, Rohit.

    If, however, you have nothing better to do in life, then please carry on  your meaningless crusade.

    s

     
  5. Sanjeev Sabhlok

    Same comment as above. I’m publishing but do recommend you look into something meaningful to do.

     
  6. Rohit Dhiran

    his article is an opportunity for British,US ( along vid NATO) forces to attack india . ( like they attacked iraq stating chemical/nuclear weapons d reason) and

    See the US and NATO countries have enslaved Iraq, Afghanistan, Libya and now Mali. They are now trying to enslave Syria, Iran and India will be next.To attack on other countries and get Crude Oil Mines free of cost.,URANIUM, GOLD, phosphates, salt, kaolinite and lime stonethat’s the rabbit chased by US and NATO countries.

     
  7. Rohit Dhiran

    YOU are NOT different from what Jawaherlal said in 1952. In 1952, Jawaharlal said that “era of wars is now over”, and in 1962, China attacked India !! And in 1998, we saw Lahore Bus diplomacy by Vajpayee, where he said that “two nations will resolve issue by negotiations and there will never be war !! ” And in 1999, we saw Kargil war.

    All this talks of “plotting and strategy and spying is over” is Jawahar-Vajpayee type thoughts. Reality is –

    “war never begins, because war never ended ” (Adolfbhai)

    peace is interval between wars – Leninbhai

    peace is time to prepare for war. and war will tell you if you used peacetime productively or wasted it – Stalinbhai.

    And Dubai-like superficial prosperity in India is rising.As an analogy — consider mobile phones. How many people in India have mobile phones? Over 40 crores. But how many know how to manufacture mobile phones? Not even one !! All mobile phones in India, switches, towers, even cables etc everything is imported !!The US-like real prosperity is where people are manufacturing what they use, or are manufacturing far more complex item.We import almost every mobile phone. And whatever petty mobile we manufacture, they are assembled, not really manufactured. Some cars are technically manufactured in India, but assembly lines are imported, the robots used to manufacture cars are imported and most of the complex parts used in the car are also imported.
    ======
    The switching equipment in the phone companies are all imported. All PCs are imported or assembled. We don’t even manufacture 8 bit CPU chips and they are all imported eg chip in Electronic Voting Machine is made in USA !! Compare with China — China manufactures even 64 bit CPU chips, all switching equipment and almost everything except first grade technical goods.Because of inability to manufacture basic electronics components and mechanical engineering products has created chronic inability to manufacture quality weapons.
    ======
    We cant manufacture fighter planes, we cant manufacture tanks, we cant manufacture missiles and we cant even manufacture AK-100 level rifles. Forget manufacturing Bofors guns, we cant even manufacture its shells. The lack of manufacturing skills has made our weapon manufacturing capabilities weak and also jeopardized security. So there is no “real” prosperity to speak of, we only have Dubai like prosperity.This prosperity vanishes when real war starts, because of lack of weapon manufacturing skills. And there will always a war.And This has made us dependent on USA and USA will use this to enslave us in future.

    Now Indian Military and India’s weapon manufacturing setup is now so weak that China can completely wipe out Indian Military in 12 months , losing no more than 15% of its own Military. Chinese Military is also now capable of destroying every airforce hanger, almost every air force plane, every weapon storage facility, every power plant in India, power grid of India, telecom grid of India, most major bridge and every major airport in less 12 months. Our radars are not capable of tracking Chinese cruise missiles, and so Chinese cruise missiles can strike anywhere in India without any interception. And our planes and missiles will not be able to cross Tibet. So China will not lose more than 15% of its establishments, while we will lose almost everything.

    And US\UK can wipe out Indian Military in just 2 months without losing even 2% of its own. And no Indian missile or plane will be able to damage anything in UK or USA. In fact, with flick of switch (a) USA can shut down all our telecom equipment because they are all made in USA and have kill switches in them (b) USA can ground all our fighter planes as they are all made in UK, France and they all have kill switches in them (c) most power plants will be down as many power plant equipment come from USA and all have kill switches. We also heavily depend on US satellites for GPS and US servers for internet, and that too will be down. So before USA starts war, almost 90% of Military and over 50% much of civilian India would be paralyzed. Doing Iraq on India will not take more than 2 months after that.

    Also, USA\China may not attack India directly but can attack India indirectly. There are 2-3 ways of indirectly attacking India. One way USA or China may use is to provide funds, weapons and satellite information to Pakistan‟s Military and thus unleash a genocide in India. Another way is West or China can attack India is to give weapons to Naxals and make Naxals destroy Indian Military. This is how USA took control over Nepal — USA funded Nepalese Naxals so heavily that that Naxals became more powerful than Nepalese Military !!

     
  8. Tarun

    I would like to add further. When Moughal rule ended and British rule started, none of the Moughal laws were applicable but even today British made laws like Indian Police Act of 1858 is applicable ,how come?

    Secondly if all laws made by Britishers are still applicable then how come Government of India Act of 1935 not applicable which owes everything to the Queen.

    India became dominion under Governor General of Queen on 1947. In 1950 India became republic, here the word republic simply means rule of law, nowhere it says that dominions are now abolished. Moreover India became Republic within British Commonwealth so the law is within British Jurisdiction. We are Commonwealth citizens thus queen is our head and we are her subjects.

     
  9. Sanjeev Sabhlok

    Tarun you are asking very basic questions. Please find the answers yourself. This is elementary stuff. The delusion that independent India is under British jurisdiction is pure nonsense. You are welcome to this delusion in the absence of any study of the topic.

     
  10. VIVEK

    Mr.Sanjeev Sablok
    I dont know your motto of supporting the negative side but its clear as we see it. Its a fact
    old 2010 news — Calcutta High Court Chief justice orders Public Information Officer of Calcutta High Court to write that Calcutta High Court comes under Queen and NOT under President of India !!!
    .
    bikau-Economic-Times link =
    .
    http://economictimes.indiatimes.com/…/articlesh…/6706690.cms
    .
    Calcutta High Court under Queen of England?
    .
    ……
    The submission was made before the CIC by Public Information Officer (PIO)of the High Court, Imran Hafiz, while contesting the jurisdiction of the transparency panel over it. The Commission, however, rejected the argument put forth by the High Court.
    In its submission dated August 30, 2010, the High Court, quoting the RTI Act, said to qualify as the “appropriate government exercising jurisdiction over a public authority (the High Court in this case), this must be a public …… ..
    =========
    .
    see more at http://www.merinews.com/…/is-calcutta-high-c…/15832503.shtml

     
  11. Matrix

    So lets get this straight… there is an Article 147 in the Constitution of India that reads as follows…

    147. Interpretation.—In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder

    The affairs of the Republic of India are run according to the Constitution of India. So the articles and amendments of the Constitution of India “is very much in effect. ”

    1. What is this Article 147 doing inside the Constitution for last 70 years?

    2. Why is it there in the first place. what was the motive?

    3. What agenda did Nehru have in mind when he added this article into the most important document of the Republic of India. Was he forced or conned when he was working as Prime Minister under the King of England for the first four years, or did he do it on behalf of the British?

    So… if the Republic of India ceases to be or its leaders does as in the case of a nuclear war (as Pakistan and India are not ever in the best of terms and both are nuclear nations with nuclear stockpile) or a World War crisis situation as per the Constitution of India does the authority get transferred automatically to the Monarch of England or the final say with the group of people aiding her the Order of Council \ Privy Council of the United Kingdom?

    As you mentioned earlier India maybe a gutter… but a gutter that will come in handy to the British as it still has abundance of mineral resources, people for slavery and so on as the Britishers proved are experts in utilizing as they did to her colonies in the past.

    Please do comment so I can understand this strange issue created by Nehru better.

     
  12. Sanjeev Sabhlok

    I’m sorry but this is a most ill-informed comment. Please learn something about India’s constitutional history and come back. This is about legal precedents and definitions, no “motive” involved.

     
  13. ajay sharma

    If India is independent, then why is the word ‘dominion’ mentioned in article 366 (15) of the Constitution?

     

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