The letter and spirit of law

 If the letter (word) is a kite, the spirit is the thread, no matter how much flight a kite assumes, its fall is destined by a soft cut on the thread. The current Pandemic defines such a soft cut to the spirit of the law. It appears all letters were always dependent on their spirits. Recently, Delhi high court directed the centre to ‘beg, borrow or steal’ oxygen supply to save the lives of citizens. Surely, the spirit supersedes the letter in a pandemic situation.

The letter of cooperative federalism is conciliation and not compromise. The spirit of the same is co-operation and not competition. The letter as pointed out by the central government counters the Delhi govt. scheme of home delivery of rations. A section of a certain Act requires prior approval for any change in the method of distribution.

There has to be a compromise between the competing forces of distribution, i.e, a traditional mechanism of public rationing against door-step delivery of the same. The 'Delhi Sarkari Ration Dealer’s Sangh' has challenged the proposal of doorstep delivery of ration by GNCTC in Delhi High court. Another popular challenger has been the governor of Delhi, on behalf of their appointee.

The Delhi government finds itself at the loss of an audience, since 2018 when the scheme was initially proposed. Considering that the idea was a pre-pandemic luxury,  and has presented itself as a post-pandemic necessity, common-sense reading would support the proposal. This spirit is yet to gain approval of the letter. Meanwhile, let us discuss the method (s) of distribution.




This is 2019, Shimla. There is nothing odd about the method of distribution of water in the picture because the water was in short supply. of course, the short supply was due to a multiplicity of corrupt practices at all levels of government, but the method of distribution was aligned to all these practices. 
A new method of distribution might be referred to as revolution as it would entail different practices at multiple levels of government. 

To quote an overused phrase in the pandemic, crises are opportunities for reforms. 


 

 

Comments

Popular posts from this blog

नेहरु का भूत

The leader’s chair

धार्मिक इतिहास और मैं