Black Money And Impact On Society

BLACK MONEY AND IMPACT ON SOCIETY Inflation and black money is in the form of parallel economy. The eradication of black money for a viable economy of the Country is required for a healthy structure on all its front. The factors responsible for the generation of black money are required to be spotted just to provide a curve over the nefarious activities of the politicians and other bureaucrats in the society which is responsible for compelling the 60% of the population to live below a poverty line. The judicial institutions has partly realised the ideals of the constitution to develop through judicial activism in the form of a revolution for providing a check over the reprehensible conduct of the people to accumulating enormous well through any means. "Fair or Foul" at the cost of Nation. Price rise to the fantastic levels and velocity or liquidity of money circulation became enormous. One of the main feature of inflation is that money looses its value. This is virtually in confrontation with the aimed social objectives of legitimate expectations of the citizens. The factors responsible for the generation of the black money: (a) Divergence between acceptable rate of return and legally permissible rate of return. (b) Consequences of controls, licensing system, quotas, permits of commodities. In effective enforcement of tax laws like income-Tax. Wealth Tax, Estate Duty, Sale Tax, Stamp Duty, Excise Duty, Octrol Duties etc. (d) A considerable part of black money has encourages diversification of resources in the purchase of real state estate and investment of such money in constructing "Luxury Houses". Precious stones, jewellery and other venerable land situated in posh society. (e) Discretionary powers wasted in the ministers. (f) Fear of laws of power by our Bureaucrats. (g) Un-cordinate response of the public to provide a check over such activities of their representative through mandate in the elections and in effective judicial accountability due to the non-introduction of the terminology "Due process of Law" instead of procedure establish under law. The quantum of black money consequent upon by the method of tax evasion, tax concealment, smuggling in imports & exports, production of elicit commodities, artificial escalation or the prices, has resulted into part it away to the estate for the purpose social welfare. The estimated income on which the tax has not been paid would probably be more than 7200 crores according to the estimated data’s. Thus black money is very important route cause of urban value which deprives the Government its legitimate dues by way of taxes to the exchequer and induces dishonesty in the individuals trying to get more & more accommodation beyond his means. Transactions involved and element of black money. No individual posses adequate white account of money to buy a flat, thus this has ultimately resultant to the creation of black money as the parallel economy in the nation. The idea of inflation accounting mooted during the 2nd world war which became the topic of active discussion and ultimately attained momentum and due to the rapid universal inflation is persisting upon as a major problem in the country which has the effect of the almost crippling the entire economic structure of society in all sphere. Inflation and black money has become menace to Indian Society and its economic structure in all its spheres. It has become necessary to have a rethinking in all the monetary polities of the Government and their administration in all sectors as to how incorporate the effect of inflation accounting to eradicate black money from the society. This requires a strong Government and a high morality in living pattern of society. It needs fighting with all statutory powers wasted in Government. Inflationary tendencies have to be contained within a tolerable limits Government expert economics and planners with eminent public men requires the determination of inflationary trends which is galloping in nature and very difficult being tricky and onerous, to tackle by ordinary process. Time is free-fold present: as we experience it the past as the present memory and future as a present expectation .The expectations can not be the same and as anticipation. It is different from a wish, a desire or a hope nor can it amount to claim or demand on ground of a right. A pious hope even leading to a moral obligation can not amount to a legitimate expectation in the strict sense. The protection of such legitimate expectation does not require the fulfilment of the expectation where an over riding public interests require otherwise. Thus even if substantive production of such expectation is contemplated that does not grant and absolute right to a particular person. the protection is limited to the extent of judicial review. To strike down the expectation of an individual adrift to the pragmatism. Thus millions of people belonging to the deprived and venerable section of the humanity were looking to the courts for improving their life conditions and making back human rights meaningful for them. The Supreme Court acted as an instrument of status quo-upholding the traditions of Anglo-Saxon jurisprudence and resisting radical innovations in the use of the judicial power to promote social justice under the republican constitution till early 1970 with some Hon’ble expectations, but in the light of a social economic philosophy alien to our freedom movement and aspiration of the liberated people, the Apex Court has started a giving importance to the rule of Law with "tryst with destiny". The outstanding judicial activism in the quest for social justice came by the enormous contribution of Hon’ble Supreme Court in the recent years. The use of new found

judicial power in the service of "WE THE PEOPLE OF INDIA" who has often being represented in the judicial forum have always been at the receiving end of mal-administration and exploitation. This is a constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence or incommunicado situation and the state is under a mandate to provide a lawyer to an accused person if the circumstances of the case and the need of justice so require, provided of course the accused person does not object to the provision of such lawyer (1980) 1 SCC 98. It will be instructive to sun up this discourse with the observation of Chief Justice Bhagwati in Suk Das. It is common knowledge that 70 percent of the people living in rural areas are illiterate and even more than that percentage of the people are not aware of the rights conferred upon them by law. Even literate people do not know what are their rights and entitlements under the law. It is this absence of legal awareness which is responsible for the deception, exploitation and deprivation of rights and benefits from which the poor suffer in this land. Their legal needs always stand to become crisis-oriented because their ignorance prevents them from anticipating legal troubles and approaching a lawyer for consultation and advice in time and their poverty magnifies the impact of the legal trouble and difficulties when they come. More over, because of their ignorance and illiteracy, they cannot become self-reliant; they cannot even help themselves. The law ceases to be their protector because they do not know that they are entitled to the protection of the law and they can avail of the legal service programme for putting an end to their exploitation and winning their rights. The result is that poverty becomes with them a condition of total helplessness. This miserable condition in which the poor find themselves can be added to situations (1986) 2 SCC 401). Extant by creating legal awareness amongst the poor. That is why it has always been recognised as one of the principal items of the programme of the legal aid movement in the country to promote legal literacy. It would in these circumstances make a mockery of legal aid it were to be left to a poor, ignorant and illiterate accused to ask for free legal service. This is the reason why we ruled in Khatri II case that the Magistrate nor the sessions judge before whom an accused appears must be held to be under an obligations to inform the accuses that if he is unable to engage the services of a lawyer on account of poverty or indigence, he is entitled to obtain free legal services at the cost of the state. We also gave a general direction to every State in the Country to make provision for grant of free legal services to an accused who is unable to engage to a lawyer on account of reasons such as poverty, indigence or incommunicado situations (1986 2 SCC 401). In the judges Transfer Case, justice Bhagwati declared that law in the following terms: where a legal wrong or a legal injury in caused to a person of violation of any constitutional or legal right….. and such person or determinate class of persons is by reason of poverty, helplessness or disability or socially or economically disadvantaged position, unable to approach the court for relief, any member of the public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case of breach of any fundamental right of such person or determinate class of persons, in the Supreme Court under Article 32 seeking judicial redress for the legal wrong or injury caused to such person or determinate class of persons. (1981) Supp. SCC 87). Fundamental rights particularly in relation to the poor and disabled do require new remedies for their effective enforcement. Creation of new remedies is interpreted as part of the judicial function in so far as the responsibility for enforcement of fundamental rights is a charge on the Supreme Court. The alienation and ivory tower image of the judiciary, sometimes justified in the name of "independence", got a severe jolt by the socio-political activism and public self-criticism of judges of the Apex Court led by justice Bhagwati. The search for solutions in the quest for justice is an eternal one in which success and failure are always relative and never complete. Absolute power is tyranny where as absolute democracy is tyranny and anarchy both. The political groups of revolutionary significance, which present have never imperilled the fundamentals of duty and obedience, the bases of social discipline, in short the most fundamental forces of social and political cohesion. Legislature or the executive ha e created situations which remain sometimes grimly un reconciled, political forces have pushed on to advance their own schemes upon the ruins of the rest. A party in power provokes by its policies a situation in which the economic stability of the society is threatened or where constitutional rules appear as the mere manifestations of the interest of the dominant power in the legislative. The normative and factual aspects of the legal order condition each other and interact closely with one another. A legal system acts as a mediator between social ideals and social

reality. In the political and social life of a community, it becomes an effective moulding force for actual human behaviours in the process of balancing individual rights and the common good.