Is it possible for Supreme Court of India to solve a problem, recently posed by a well known yogi, under Art 396 of Constitution of India ?

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I have learned from years of experience that one of the many function of the Supreme Court is to solve problems presented for consideration before it.

Therefore, below, in Part A, I have presented a problem, recenyly posed by a yogi, regarding transmission of values in Education System.

Supreme Court does not examine philosophical or hypothetical questions unless hard facts from which these questions arise are also shown. So in part B, I have reluctantly, given some hard facts from which it can be seen that problem posed by His Holiness are based on true and hard facts.

But this is not enough. The Supreme Court must also be shown under which Article of Constitution of India they can actually exercise their powers to solve such a problem.So in Part C, I have briefly indicated scope of their powers under Art 396 of the Constitution of India.

PART A

The Problem recently posed by a yogi :-

In a recent video, seen on social media, a well known yogi said that the world problems which we are seeing today are due to failure of our Education System. Education system all over world has reduced to “Transmission of Information” only though true purpose of Education is “Transmission of Values” from one generation to next generation. Transmition of Information without transmission of values can transform a man into a Satan. Education system has stopped transmitting values to next generation.

PART B

The Factual Foundation, which proves that the above problem posed by this well known yogi, is real and based on hard facts.

At time of retirement of Justice K.T. Thomas, I wrote a short poem to summarise the values he tried to transmit during his tenure as a Judge. Thereafter, I wrote such short poems on retirement of each and every subsequent retiring Judges for a number of years. I used to circulate copies of such poems to all judges and few senior advocates. This is what all amateur poets do. Nothing new in it.

But the point is, all these poems were not written to appease those retiring judges. They were written to summarise values which they were trying to transmit to next generation by their conduct and words in Court.

I received some letters of appreciation from judges, some phones from judges. Poem summarising values of then CJI S.P. Bharucha was read publicly in his welfare function by SCBA Secretary. Unfortunately I did not attend that function and was told about it only later by others. Justice B.N.Srikrishna replied to some questions in my poem about his values, publicly in his welfare function speech. Then CJI R C Lahoti wrote saying that my poems have high literary values, and so on and on, I received several testimonials.

Now we come to real market values of these value based poems.

1) Late Senior Advocate P.P.Rao offerred financial or any other help if I need for publishing these value capturing poems. I thought it fit not to seek help and decided to test market forces.

2) No Law publishers were willing to publish such poems though I showed testimonials of several sitting and retired judges. They said such books can’t be sold in market. I also showed a letter of Late President A.P.J. Abdul Kalam regarding my poem. That too had no effect on publishers. The publishers were firm that literature written to transmit values have little or no market potentials. No one in market will buy it.

3) I found a footpath bookseller who was willing to invest 50% of printing cost if I could finance other 50%. This was done. 1000 copies were printed and then second volume was printed through him. And then I stopped.

Occassionally I received emails from young lawyers appreciating and writing that these writings inspired them a lot.

4) But the fact remains that transmission of values to next generation has lost commercial market value. Markets have no interest in values sought to be transmitted by Supreme Court Judges.

I also discontinued writing such poems. Some of those poems on great judges got eaten up by viruses in computer and some were lost as scattered valueless pages lost with paperbooks of dismissed slps. One day my wife threw away all letters written by retired justices appreciating my poems, as she found that those letters had no value.

I found that drafting a SLP is more profitable and more productive than drafting something to transmit values of this noble profession.

PART C

Under which Article of Constitution of India, Supreme Court can solve problem of transmitting good human values through Education System to next generation starting from standard 2nd Grade onward?

In part B, I have tried to demonstrate that “Transmitting any good value to next generation” has no takers in commercial world. It has to be therefore done through only State Education System. But there we have judgements saying that under Art 32, Supreme Court cannot direct Education Authorities on what they should teach in schools.

So there remains invoking of their powers under Art 396 of the Constitution of India. It says that Supreme Court shall have powers to pass any order which may be necessary to lead the whole mankind to that which is ultimately good for all.

This Article is not printed in Constitution books because it is based on Esoteric Knowledge which is passed by word of mouth by one generation of top judges to next generation of top judges. Only few senior advocates can see glimpses of this Article 396 when the judges use it.

I thetefore wonder if it is possible under this Art 396 for Supreme Court to solve problem recently posed by a yogi, which is once again reproduced below :

In a recent video, seen on social media, a well known yogi posed the problem that the world problems which we are seeing today are due to failure of our Education System. Education system all over world has reduced to “Transmission of Information” only though true purpose of Education is “Transmission of Values” from one generation to next generation. Transmition of Information without transmission of values can transform a man into Satan. Education system has stopped transmitting values to next generation.