There once was a garden in which stood a huge banyan tree. The tree had by its longevity spread its seeds through the centuries by birds which had eaten its fruits. The garden became a forest and subsequently, filled the nation with banyan trees all over.
Suddenly, a few insects had invaded the banyan and started gnawing at them, or so the farmer thought. This spread and most of the banyan trees got afflicted with those insects.
A farmer saw the plight of the huge banyan in his vicinity, losing its majestic qualities and merely living off the structural support of the aerial roots which had become trunks to the main banyan tree. The main banyan has become hollow, sheltering the birds and rodents. The farmer tried to resuscitate the main trunk, but to no avail.
The farmer took the issue to an agricultural scientist for a solution.
The scientist after prolonged study discovered that the main trunk was no more the conduit for the nutrients of the water and minerals from the ground, as the passages had been clogged over the years and that the aerial roots which had become trunks, after supplementing to the efforts of the main branch, had taken over the functions because of Necessity.
The scientist discovered that the main trunk by forwarding all the nutrients and water to the branches, had not utilised the same nutrients and water for nourishing itself, even though God had designed it to be not merely a conduit for conveying but also a beneficiary of such conveying. The scientist invented another specie of a Banyan, which had followed the God designed principle of deducting the user charges, for conveying the nutrients and water.
The scientist advised the farmer, see: we cannot restore the health of all the existing banyan trees of this strain, but we can GRAFT the specie of the banyan which collects user fee into this banyan and over a period of time attempt to grow a breed of Banyan, which would not be prone to this self-inflicting debility.
Thus the Grafting of another specie into the original banyan was done.
Generations later, the hybrid (grafted breed) replaced the old banyan trees after half a millennium.
The new generation of scientists after 500 years discovered certain health issues of the hybrid and had to decide whether to bring back the old banyan tree’s strain by eliminating the grafted strains which have become a part of the hybrid banyan trees.
A conclave was convened and all the farmers, scientists and vegetation enthusiasts met.
The squabbling went on for years.
The Traditionalists said that the GRAFTING was wrong, as the original banyan tree’s integrity had been compromised.
The Modernists said, we are people here by accident and our duty is to primarily rectify the issues, as is understood by us now, and continue with the historical grafting untouched. They further added as a compromise, we can accentuate the original strains without stymieing the grafted strains.
The Traditionalists said: No, elimination of the grafted strain was a must through stymieing the supply of nutrients and water through targeted policies.
The Functionalists, said: See, both are banyan trees and we have grafted only strains of another banyan into this Banyan, so why eliminate the benefits derived out of the newer strain grafted by our forefathers? We do not know the challenges faced by our forefathers 500 years ago, nor can we predict the inherent gains through the grafting done centuries back. The fact that the hybrid strain has coped with these 500 years, should vouchsafe for the benefits of the rectification. So let us not INTERPRET HISTORY in a cussed way, but allow the grafted strain to continue and provide more nutrients to the older strain of the original banyan.
The Purists would have none of it.
The matter is now escalated and it has been resolved that the whole country should participate in determining whether to eliminate the Grafted strain or to allow more nutrition to the older strain without stymieing the grafted strain.
The next conclave has been fixed for May, 2019.
God bless India.
Archive for May, 2018
Truth is beyond Fearlessness, it is Truthfulness. Voltaire was not one to merely set up an idol and leave it to your choice to follow, Voltaire destroyed the existing idols by setting his idol above the preexisting idols. He not only set up Sir. Isaac Newton but destroyed the conquerors by setting up Newton above the Caesar, Alexander, Tamerlane, or Cromwell. How Cromwell made it to that list should not be read ejudsem generis, but as referring to a contemporary, hence to each and everyone.
Not long ago,” said Voltaire, “a distinguished company were discussing the trite and frivolous question” (alas, this is an untimely quotation!), “who was the greatest man Caesar, Alexander, Tamerlane, or Cromwell? Someone an-swered that without doubt it was Isaac Newton. And right-ly: for it is to him who masters our minds by the force of truth, and not to those who enslave them by violence, that we owe our reverence.”
In India everyone believes he/she knows the law.
That there are broadly statutory laws and judicially pronounced laws, are known to the better informed.
That unless the Supreme Court had authoritatively pronounced on an issue, the High Court decision on the issue ought to prevail in that state is known to the legally minded.
That if a decision could be distinguished on certain grounds, the precedents set by the SCI and the HCs could be challenged is known to the lawyers.
If a matter has not yet been decided authoritatively by any court in India then such issues are classified as RES INTEGRA and beg for judicial determination!
Beyond all these is something called CONVENTION, which by common consent over a period of time has come to be accepted as the Law.
In Administrative Law there is a judgement delivered by Lord Greene, in the late forties of the last century, which enunciated certain principles which goes by the name WEDNESBURY PRINCIPLES.
There are three limbs to those principles relating to DISCRETION in administrative law. They are
0. Whether in the decision making process any irrelevant material has been taken into consideration?
0. Whether in the decision making process any relevant material which ought to have been taken into consideration has been left out?
0. Whether the decision is so unreasonable that the decision is UNREASONABLE.
I have been amused at the arguments put forward both in the TV news and sometimes even in the Supreme Court, that I wonder if we as a nation should spend so much time on ‘distinguishing facts’ to overturn the principles enunciated in precedents of force.
Some of the arguments which are laughable are
0. Whether the Anti Defection Law as mentioned in the Tenth Schedule would come into force only after an elected representative had taken oath 😂🤣
0. Which law provides for a person to start executing the office of the Chief Minister, immediately after swearing in, when he doesn’t have the support of 50% of the house. It is a constitutional necessity to be sworn in as a CM before proving his majority, but to start exercising its functions even before the floor test, especially when apparently the numbers are not there, and take administrative decisions is a ludicrous act.
0. Under which law of the land does it say that the largest single party or pre-poll alliance should be called to form a govt. overlooking the reasonable numbers of the post poll formation from the other side?
0. As a convention we have accepted the Goan, Manipuri and Meghalaya models, so it appeared as a convention to me that post poll alliance is also acceptable for consideration by the Governor.
0. Who told that when elections are called for, upon end of the previous term, if the party which was in ruling received fewer seats it has been VOTED OUT? It simply means the same party has not been VOTED TO POWER. Period. This cannot form the grounds for a less than majority party to stake claim that the previous ruling party had been ‘voted out’. Every party is voted to power for a period of five years and thereafter they have to seek a fresh mandate. After four years of Presidentship when a George Bush senior recontested, he was not voted out, he was not voted in for the second term. That’s it. To build grounds for claiming a better right on those grounds appear to attack ‘reasonableness’.
This hogwash of ‘dance of democracy’ of unreasonableness and irrelevant consideration and non consideration of relevant factors have to be stopped in the altar of Conventions.
It would be laudable if the Hon’ble Supreme Court of India came up with its own WEDNESBURY Principles and shorten and sanctify the procedures for determination of whom to call, by the Governors of the various states of India.
This portion in chapter 7 of the Gospel of John has been a great challenge to my understanding.
22 Moses therefore gave unto you circumcision; (not because it is of Moses, but of the fathers;) and ye on the sabbath day circumcise a man.
23 If a man on the sabbath day receive circumcision, that the law of Moses should not be broken; are ye angry at me, because I have made a man every whit whole on the sabbath day?
There is a commingling of the Ten Commandments and the other Rules given by Moses. Jesus tells those Jews who tried to kill Him contextually thus in the same chapter:
19 Did not Moses give you the law, and yet none of you keepeth the law? Why go ye about to kill me?
It appears that Jesus was trying to dissuade the Jewish people who were trying to kill Him, that they ought not to kill, as killing would be breaking of a commandment of God.
But a few verses later he brings in the conflict arising between CIRCUMCISION and SABBATH.
My understanding is that Circumcision started with Abraham and definitely doesn’t find a part in the Ten Commandments; whereas keeping the Sabbath holy is a commandment of God.
Jesus brings in the conflict, between circumcision and the Sabbath, by saying that if the eighth day after the birth of a male child were to fall on a Sabbath day, you Jews circumcise the male child even on Sabbath, as you believe that the TRADITION of yore should not be broken. But by circumcising the child on the Sabbath, you are violating one of the Ten Commandments. Thereafter, Jesus Justifies circumcision on Sabbath by stating that if for the benefit of the child circumcision is carried out on the eighth day, only through an infringement of breaking the Sabbath, then DOING GOOD, like HEALING (making a person whole) on the Sabbath would not tantamount to breaking the Sabbath!
The underlying principle which Jesus said was: God is good and if any deed is done infringing a general law, such Good deed should not be seen as a deed having violated the general law.
How he got them!
It was not the Circumcision that Jesus was questioning but the tradition of circumcising only on the eighth day, come what may, though the eighth day fell on a Sabbath, which Jesus drew as a parallel to justify good deeds, like healing and making people whole.
Another way of looking at theses passages is that a General Law need not be strictly applied to every PARTICULAR situation. A child would have only one eighth day after his birth and if it were to fall on a Sabbath, why break the tradition? After all that work of circumcising was not the choice of the parents, assuming that the day of birth of a child would be beyond the choice of a parent. Therefore, in the PARTICULAR case of male children whose eighth day fell on Sabbath, the act of circumcising would not offend the General law of the Sabbath, but would act as an EXCEPTION to the observances of the Sabbath. Likewise, if Jesus were to heal on the Sabbath, such healing would also fall within the exception and would not attract the penalties for non observance of the Sabbath.
The Serpent entered Eve’s mind much before the forbidden fruit entered her throat.
One’s mind is the last bastion to repel an enticingly evil idea. Once entertained, rationalisation takes over and sanctifies the evil. That’s the penultimate stage.
Finally, once entertained, rationalised and sanctified, very rarely a person escapes DOING the evil deed.
Once Done, all the perfumes of Arabia wouldn’t sweeten the little hand🦆
When Hope is severely challenged by the existing perception of Reality, awaiting the Biblical Grace may involve an undefinable period of Time!
Secondly, the Pauline predestination leaves one in further doubt as to whether one is surely predestined to receive the Grace‼️
Teetering between these uncertainties, the only way is to redouble one’s efforts and plunge into Life with all gusto and drown one’s Despair and Doubts in the frenzy of toil. God willing, if the tide were to turn, instead of becoming an exemplar of an amorphous Grace, one may become a cherry picked example for Effort based escape from Despair & Doubt‼️‼️