The purpose of law is to serve the society. In absence of fulfillment of the requirement of the public at large

The purpose of law is to serve the society.  In absence of fulfillment of the requirement of the public at large, the enforcement of the legal provisions are of no consequences.  It should serve for the advancement of harmony and social coordination.  The rigmarole of technicalities may not come into the way to defeat the vary purpose for which the law has been enacted by the representatives of the peoples.  The institutions of legal enforceability can only be run by the strict enforcement of liability and obligation.  Thus in the present circumstances when we have completely lost our grip on the foundation of the implementation to the provision of law, we cannot claim ourselves to be a society equipped with the law and order situation.  The criminal law is completely inapplicable for the vary reason that the law enforcement agencies who were seldom considered to be acting for oblique motive, usually dragged in the process as the destroyer of the provisions in the respect of its implementation for the advancement of the society.

In such circumstances, judiciary which is enshrined with a power of judicial accountability has proven to be of significant use for the implementation of the provision of law.  If the accountability of the administrative authority are given to judicial officers, there are every possibility of mis- utilization of the judicial power.  Thus a system is required to be evolved in which the erring official dealing with quashi-judicial powers may be made accountable for the abuse of discretionary power by the enforceability of the verdict preannounce by the court of law and if it is found that the decision is vitiated on account of colourable exercise of power, the disciplinary action may be recommended against such officer by the superior authority.  In such circumstances, there is again a possibility of making an abuse of the power conferred with the judicial authority.  Thus in order to make a respectable balance by check and powers, the guidelines are given by the constitutional courts.

That the subordinate judiciary is recommended by the nomenclatures of the judicial officers, presiding officer prescribed authority and judges but by the same time the judges of the High Court and Supreme Court are represented as the justices.  This has been done purposely in order to provide a harmonious infiltration of the legal provision with the justifiability of the circumstances in according with equitable jurisdiction conferred upon the constitutional courts.  However by the efflux of time, the apex court has experienced the power conferred upon the Hon’ble justices of the High Court for fixing accountability is not in public interest and rather there are possibility of misusing the judicial power.  Thus the judicial institution have also faced the similar difficulty what the administration was facing in dealing with the unsocial elements in the society.

This is virtually a paradox of the situation that every pillar of the judicial verdict is founded on the basis of the public opinion and once the public may start losing its trust in the system, no one can save the judicial institution from further deterioration and ultimately it is bound to collapse by its own weight. This is the high time for revival of the reputation of the judicial institution by having a new era of the set-up with the changing circumstances of the social coordination.  The law and justice may not be allowed to become in mute spectator.

There is an alarming situation in dealing with the law and order by the administration.  The old ideology that right is might, is prevalent in the present circumstances.  It is an irony of the circumstances that in the proceeding for keeping peace and good behavior by the public and also in respect of a dispute likely to cause the breach of peace, the title of the immovable property is seldom taken into consideration by the Magistrate but the paramount consideration is given for the determination of the possession.  This power is seldom misused by the person having predominating muscle power for his assistance to usurp the property of the innocent citizens but the law remain silent spectator of the situation in which the actual owner is deprived of his valuable property right by the stronger person.  Thus there is a requirement for having some spontaneous changes in the provision dealing with the situation regarding apprehension of breech of a peace by the Magistrate.  Now coming to the other side of the picture, the law has been formulated in order to put a restrictions on the power of the Magistrate to decide the factotum of the title but the power has been deled with determination of right by the court of civil jurisdiction.  This is a hobson’s choice.  There is a counter productivity in every exercise of power and as such the law has tried to make a check and balance.  The practical approach is neither in demoralizing the innocent public from the external aggression of  the unsociable element through the production of legal provision and the interpretation thereof but to dealt with the circumstances as actual justice may be imparted in favour of the genuine person.  The matter has been left over to the Hon’ble court of the judicial hierarchy to provide a bonfide use of the power in dealing with the circumstances of the case.  The mere infraction of the provision of law may not be sufficient for envoking the jurisdiction of the constitutional court, but an endeveour is required to be seen as to whether the technicalities of the legal provision are not creating a bar to provide substantial justice to affected person in respect of the enforceability of his legal right.

The proceedings of the mutation meant for recording the name of an individual for realization of the revenue by the government and as such the same are considered as the summary proceedings.  This is a matter of astonishment that the immovable property may be recorded in the name of stranger other than the owner but the law may not provide any assistance to the actual owner.  The remedy to the true owner is by way of filling a suit of declaration or injunction as the  case may be but the revenue courts dealing with the power of recording the name of the tenure holder are not empowered to look into the title and there by to decide the rights in respect of recording the name on the basis of title.  Thus in case of transaction of the property usually made after due verification of the person recorded in revenue record or before records maintain by the municipal board but in case if the title is not vested with the person executing the sale deed than the true owner has to file a civil suit for taking the possession back from the person in whose favour the land or the property has been disposed of by the pretender/ rank usurper.

The land is acquired and the person recorded as the tenure holder may be entitled to get the compensation.  The money in lieu of the value of the land is deposited in the name of the person in whose favour the land was directed to be recorded in the mutation proceedings.  The only recourse open to innocent owner for realization of the money of compensation is by filling a suit of declaration for entitlement of such amount of compensation from the person in whose favour the land acquisition authority have handed over the money.  This is very strange situation to an individual having the actual ownership and the title in the said property.

The law of adverse possession is further having a disastrous implication to the rights of the actual owner who is occupied in respect of his job or limitation dealing  with the responsibility of a professional and the service class by deprivation and rather the surrender of their property rights.  This is again leading to the unwanted litigation to the innocent citizens.  However the law of adverse possession is still being respected by the protector of the law enforcement agencies meant with the power of maintaining the tranquillity in the public administration.  This is unnecessary a dragging of the actual owner to the unwanted litigation.

It is further a conflict by the cantina of judgement on the point of realisation of the insurance coverage to the dependent of the person after the death of the assured individual under a Life  Insurance Policy.  According to the section 39 of Life Insurance Act, the nominee may withdraw the amount of compensation but the same is attributed to legal heir and representative of the diseased.  Thus after the death of the husband, if the sister remain the nominee even after the marriage of the assured person having the insurance coverage, the compensation may be awarded by L.I.C to nominee sister and in case of strange relationship between the sister of the diseased husband and the wife of the diseased than the wife has to file to civil suit for realization of the amount of compensation.  This is wholly impractical approach as the person in need of assured amount may wait for an indefinite period to taste the fruit of the assured amount for bringing up the dependent children by the wife after the death of her husband.

A person walking on foot as pedestrian or riding through the cycle is hit by a vehicle driven rashly and negligently, then the compensation may be given to the dependent of the diseased.  However, somebody intentionally commit the murder of such person by the hit of the same vehicle intentionally to kill him, then no compensation is awardable under motor-vehicle Act.  There are the cases of custodian death and the pre-planned murder but no compensation is awarded by the State Government to the dependent of the diseased.  On the other hand the criminal case triable by the court of session or even before the Magistrate may be withdrawn unilaterally under the provision of section 321 Cr.P.C.  This is very strange that in case of intentional killing there is no responsibility upon the invader of the law by a criminal but in case of accident the liability for payment of compensation is attributed upon the owner of the vehicle.  The insurance company may be assigned with vicarious liability but there is no safeguard provided to a citizen from murder.  Thus the concept of sovereignty as dependent upon the maxim of saying that the interest of the society is a paramount consideration of the law is completely absent in the present atmosphere of our country.

The Chapter III of the constitution of India is dealing with the fundamental duty of the State Government except certain individual rights conferred under ‘Article 19 of the constitution and collective right of conscience, faith and religion under Article 25 of the constitution of India.  Although the violation of any such fundamental duty of the citizen may give them a power to file a writ petition under Article 32 and Article 226 of the constitution of India, but whether the law has made any accountability with such authority who is indulged for bypassing the law.  Thus everywhere against the arbitrary, discretionary, whimsical  action of the officer dealing with the State responsibility, the option open to an innocent citizen is to resort the protection of law by filling the suit, writ petitions and other representation  as the case may be.  The concept of the sovereinity vested with the State is not so wider as to drag the innocent citizen unnecessarily for the infringement of their valuable rights and a there is a reciprocal obligation upon the State to fix the responsibility of their officers if there are violation of the principle of equitable justice and the provision of law.  It is very strange that if an officer is guilty of committing any subordination to higher authority, he may be punished by the appointing authority in the disciplinary proceedings but there is no punishment for violating the law against such officer.  Thus in India here is no Rule of Law but the Rule of Leizure-feir, privilege orientation an the ruthless power conferred to the politician, bureaucratic and also to the criminals .   The criminal laws are explicit for the purposes of demonstrating the bonafide of law enforcement agencies.  The principle of reformation of the criminal is of no resort to check the client.  There should be a fear in the mind of the invader of the crime not to repeat the similar act as the consequences are much severe then the benefit for commission of the crime.  The victim of the crime is innocent person and as such the revenge from the accused person by the victim or the dependent of the victim, even though it may be wicked, it is of natural consequences.  We can not shut our eyes on the reality of this aspect of the picture.  The purpose of law is to provide substantive protection to the society and the social justice within empowerment of the remedy to the people at large.  Let us examine the legal history for getting the answer of these melodies.

The enacted statutes are derived from the mass of custom and traditions.  The judge made maxims are known as common law.  The other set Rules of consists of convention, understanding habbit, practice and culture which are regulated by the conduct of several  factors accumulated in nature of human being in associations with sovereign powers.  Initially the British Authority in India was established through East India Company which got charter on 31^st December 1600 from Queen Elizabeth.  The company was initially empowered to formulate the reasonable laws and also to execute them to punish those criminals who violet them.  However the victory of Lord Clive in the battle of Plasi in 1757 laid down the foundation of the British Empire.  Thus the year of 1765 makes a turning point in Anglo-Indian history which may be treated as commencing the period of territorial sovereignty by the East India company.  The regulating act set up by the government of Bengal consisting of a governor-general and four other councilors in whose power the whole civil and military government of presidency of Bengal and also the government of territorial accusition and revenue in the kingdom of Bengal, Orissa was the beginning of the British Rule in India.  The presidency and concil of Bombay and Madras were subordinate to the Governor-general and the councils of Bengal which was considered to be the supreme government.  Although the civil jurisdictions of the court was extended to all the British subjects in the three provinces but the employees of the company were sued in Bengal to Governor-general and its council were empowered to enact the rules, ordinances and regulations for maintaining the good order but simultaneously and gradually after achieving the absolute power, they have  also started misusing their powers for enactment of law.  Although in the act of settlement of 1781, many changes were made in regulating the law and order situation the exemptions granted to the public servant from being protected in respect of their action in due discharge of his duty is still recognized after gaining the independence from the system of tyranny and invasion of the British Empire.  We have to get a retrospection’s on such custom and tradition after independence.

The accused person named in the F.I.R has no right to challenge the lodging of the report in the police station.  There is no anticipatory bail granted to an accused person in State of U.P.  In absence of the defence amenable to innocent person against the false concoction in a crime may lead to an irreparable loss to the reputation of a citizen.  The law recognizes the right of hearing even in certain administrative actions affecting the privilege of an individual and are having civil consequences.  There is a thin line of demarcation  between the administrative and quasi-judicial action and in such case arising of summary proceedings, the opportunity of being heard is provided but an innocent person falsely implicated in an artificial crime may not be permissible to take the defense of being an alibi at the time of commission of the said crime.  The maxim “Falsus in uno ; falsus in omnibus”.  Despite knowing this fact that the police is corrupt in our nation on account of hierarchy of the beurocrates ruling upon them, no protection has been given to an innocent person against the atrocities committed by the ruthless administration of criminal justice by the so called guardian and protector of the public at large.

There are the precedents of overruling the previous law after interpretation of the provision contain therein.  The decision of the Supreme court is having a binding effect but even the legislation has got  the power to over-rule the said precedent.  Sometime on account of various consideration and the ideology of an individual judge assigned with the responsibility for having an interpretation to the provisions of law, may be swept away by the impulsive arguments for  declaring ratio-descend which is alter after the efflux  of time and during the intervening period number of the cases are decided on the wrong judgement having the foundation of incorrect notions leading to miseries of number of the litigated but the system has yet not been evolved to provide a check and balance by the judicial system.  Here are the instances of formulation of the larger bench not only in case of the conflict of the decision but by the gradual advancement of the general law in respect of its enforceability in a particular situation.  The case of Sampat Kumar was overruled in L. Chandra kumar case after a gap of about ten years leading to a situation that this period the basic feature of the constitution of India empowering and individual for approaching the Hon'ble High Court for challenging the judgement of C.A.T remained unassailable by the poor litigants serving before the Central Government.

The substantial question of law and formulation thereof is a further dimension for imposing the restrictions upon the power of second appeal before the High Court.  It is seldom found that in concurrent finding, there is substantial injustice suffered by the litigant.  The judgement is not vitiated on the legal issues but such issues are dealt with contrary to the pleading on record.  Thus when there is a malafide intention of the subordinate court to dealt with the issue involved in a civil case, it is very difficult to get the substantial justice.  It is said that fraud and justice do not dwell together as fraud neither defend nor create any right.  In such a situation, the justice is far  away from the approach of the poor litigant who has come forward for the protection of his right before the court of law.  There are so many obstacle in the process wherein even if it is found that there is the infraction of valuable rights conferred upon a citizen but in absence of the remedy due to the rigmarole of technicalities of limitation, an other procedural justice,  he is helpless to get the enforcement of such rights from the court of law.  There should be a system in which one may espouse his cause by laying the security to certain extent for adjudication of his cause.  The maxim that if there is a right, there should be a remedy for the enforcement of such right through the process of law may be made applicable in such circumstances.

That a poor person is dying through starvation and also on account of inadequate medical facility which are inherent rights conferred to a citizen under Article 21 of the constitution of India by implication.  On the other hand, a criminal under preventive detention is provided every sort of the luxury on the cost of the public while he is confined in jail for violating the law.  If the government is incapable to provide the minimum guarantee of food and shelter and also to the employment to a qualified citizen in service, there is no justification, which may permit the State Government to invest exorbitant expenditure for maintaining the criminal through such protection.  Thus an existing structure of the society is based on the orientation of such policy which are artificial for demonstration but such policy are not meant for the protection of the citizen.

The State Government is seldom found for promulgation of the ordinance to defeat the right of the public protected through the verdict of the court of law.  There are the instances of accumulation of the disproportionate assets with the officer empowered to issue the permit, licenses and quota while having the distribution of the restricted/ essential commodity.  The moment, the citizen is not amenable to grease the palm by illegal gratification to the officers assigned with the responsibility of distributing the permit/ licenses and

And thereafter if per chance, verdict of the court is delivered in his favour then the ordinance is issued by the respective secretary in the state government just to defeat a crystal clear right in the favour of the innocent citizen.  There is nexus between the politician and bureaucrats for the distribution of the disproportionate assets amongst themselves without having any proper vigilance over

such pathetic situation prevalent in the country after the independence.

The public good is above the consideration of the individual rights.  There is a delicate balance between the rights and duties and the fundamental right are only enforceable to the extent that they may not effect the society leading to public inconvenience .  In the recent case the dimension of administrative or quasi-judicial functions were transcribed in respect of the dimension given to Article 14 and 19(2) to  19(6) of the constitution of India. (Consumer Action Group v State of Tamil Nadu 2000 S.C.C (7) 425.)  There is also are  gradual relaxation of the rigour of the rule of natural justice in Aligarh Muslim University v Mansoor Ali Khan 2000 S.C.C (7) 529.

That the Hon’ble Supreme Court has provided a dimension to the different articles in order to provide a guidelines for effective administration of justice.  It has been held that no religion prescribes that the prayer are required to be perform through voice amplifier or beating of the drum and use of microphone for the purposes of attending the religious ceremonies has been prohibited in Church of God (Full Gospel) in India v K.K.R Majestic 2000 S.C.C (7) 282.  Thus despite the mandate by issuing the writ of mandamus by the Hon’ble Supreme Court to the administration at large in the public interest litigation’s through judicial activism, nothing has been taken as granted  to the public even after declaring the same as the law of the nation.  Thus the judicial procedure, which is based on a tedious process is required to be provided by fool prove system  for the benefit of the public.  The comedy of error does not lie in our celebrated principles but since there is a complete erosion of the fear from the mind of the citizen indulge in violating the law and there is no machinery to make a control upon the simple invasion of such right, the public is bound to adhere what is given to it by the grace of the public servant.

The other aspect of the picture is that the officers in the public administrations have become so privilege oriented that they have forgotten that they are the servant of the public.  They are the incidents which were highlighted during the reign of British Empire when the Indians were treated as the slaves but  still there was the respect to the right of the Indians in respect of enforcement of their privilege conferred in accordance with law.  There was I.C.S officer namely Lobho Prabhu posted as D.M., who was assigned with the responsibility to get the recruitment over the land of the farmer betaken away from the clutches of Jamidaar in the area.  The D.M. used to visit on the site of the encroachment and it was only there after that the actual verdict is pronounced in presence of the affected parties in presence of public at large and nobody was supposed to carry on an  illegal occupation.  The grounds of appeal were limited only to extent of malafide intention of the judicial officer in carrying on his duties and as such there was an  allegation labeled against such I.C.S officer to the  extent that since he has accepted the feast given in the honour of the officer by the poor farmer by offering the Rohu fishes and as such the verdict given In the case in vitiated.  The defense taken at privi council of England that since the public is the subject of the crown and the I.C.S officer is the servant of the crown and as such it was not within the power of servant even to provide sentimental breakdown to the public.  The mere allegation of accepting the post decisional bribe in the form of the feast was  nothing else then to protect the sentiment of a poor litigant who was given substantive justice after a prolonged litigation against the Zamindar.  Thus there is the definition of the judicial functioning of the British period which is completely changed in the present atmosphere after the independence of our country.

The people are scared to make a contact with a police officer as there is a fear in the mind of the public that in case if they proceed to approach a police officer, this may ultimately by resultant in implication of the false case of criminal nature and there after an association with the harden criminals if they are send to the jail.  This phenomenon is sufficient to drag an individual in the esteem of crime once the hesitation in particular from remaining aloof from the realm of criminal activities is taken away from the psychology of an individual.

The system of criminal trial based participation of the witness is also full of contradiction to provide substantive justice to an innocent person from the court of law.  It is totally dependent upon the dimension of the evidence adduce before a court of law that the punishment is awarded  to a citizen sometime even on the sole testimony of a witness.  Can we trust a system where the crime is committed in the complete animosity at the dead of night  when no one has actually seen the commission of the crime.  The police on the basis of mere suspicion and sometime on the basis of the information received from the public/ informer may get an innocent person dragged in the crime.  There is no other criteria left open for the police when the entire burden is casted upon the prosecution to prove a crime and onus is seldom shifted upon the accused person to prove his innocence.  Can the police administration assigned with the responsibility may discharge such duties without having a fool proof machinery to dealt with the criminal.  In absence of having a drastic measurement for adopting the deterrent theory of punishment, there will be no fear in the mind of the criminal and the crime will continue uninterruptedly without any check by the present administration of justice.  The system of punitive theory of punishment with the better responsibility of the citizen indulged in the crime is required to be administered in the society.

Thus the eradication of the prevailing melody is not dependent upon any set principle of law, nor the same could be given effect by the enactment of further stringent provisions of law but the same is required to be implemented by a major overhauling of the system.  Till a determination of the iron will of the society and the administrator is not sound enough to override the personal benefit sacrificed for the benefit of the society, there can not be any change by the mere enforcement of the provision of the

“He who having sworn by solemn oath at his coronation to protect the people from wrongful operation , fail to do so should be slain as a mad dog ---                                                   Mahabharat

Leave this chanting and singing and telling of beads whom dost thou worship in this lonely dark corner of a  temple with all doors shut ? He is there where the tiller is tilling the hard ground and where the path maker is breaking stones. Put off the Holy mantle and even like him come down on the dusty soil.

The distress of Mahatma Gandhi on the wake of partition of Indian continent may still be heard from a distant voice calling to the people to unite and the unity in diversities may provide India’s survival as  a nation before partition which depends on a wider vision of unity based on inter-dependence based on the sub continents and secularism  and social justice. Let us try to hear again how distressed Mahatma ji was at the turn of events on the wake of partition:

“ So far it was my desire to live upto the age of one hundred and twenty five years , but now I have no such desire . The objective before me was not just to attain freedom , but also to remove all the social ills in the society which had pestered during the 200 years of the British Rule. They have practically divested us of our traditions of tolerance and harmony and instead fomented hatred and discord through their communal policies . I had thought that we could change the entire system and the people of this country and would live together as brothers in love, harmony and peace, so that coming generations may be blessed with all of that , which we have been deprived of. Therefore in addition to the freedom of my country , the primary objective of my life was maintenance of  cordial relations  between Hindus and Muslims since I could not  attain my objective , this freedom has become tainted .Today when I see Hindus and Muslims separated with more or less permanent gulf , I feel politically and spiritually defeated . I have no desire to live any longer …….when I cannot remove this mutual hatred and ill will between Hindus and Muslims , and cannot create feeling of love peace and harmony in name of God and religion , you tell whether there is any point in my living any more ? I would prefer death to this kind of life.”

amoeba has taken place the birth on this earth.

the theory of evaluation of life is the subsequent process.

the vital question for consideration for our human being is to the effect as to whether the same process is a mere co-incident at the time of the birth of an individual. there is the generating of the heat in the process of life when the idea is exchanged. these ideas ultimately become the process of reproduction. there is the combination of the molecule again in the similar process. thereafter the creation of the zygote inside the ovary of the female. thus if we consider the life being originated from the ocean, whether the penetration of the sperm in the egg is also the starting point of the theory of reproduction. ultimately the life is converted into a reality when the living organism took place in the process. we forget that the existence of our life is similar to the creation of the universe. thus we start thinking for our survival. the struggle is of no significance because it continue for some period and thereafter it vanishes from its origin and thereafter the human being realizes that his existence is for the time being.

this was a mere co-incident that a particular ‘y’ chromosome was penetrated in the egg and meet with ‘x’ chromosome. thereafter the process of life started. the shape and the identity of the person are concentrated on particular genes. when our existence is of such a small molecule from where we can get ourselves being recognised with some identity. this is the illusion of life when we claim for the recognition of our existence. the creation of the false existence is a direct assault on the identity of the power that has created our life. even if we deny taking into our identity, the very existence of god, but still the value of the life cannot be put to any doubt for always being a controlling factor over the living being.

this is the starting point of our wisdom. the moment we give up to our intelligentsia through logical perceptions by converting it from analysis by observation, the reality of truth comes to the memory. this process ultimately lead to an individual from committing any sin as the repercussion of the same may be detrimental to one’s own existence. no body will like to loose his own existence for the mere satisfaction of his egoistic nature. thus ultimately we use to connect ourselves from some controlling power and thereafter the existence of god comes to our conscience. this is the ultimate truth of life.

history of man is one long search for god. however, we cannot subscribe to the theologian’s theory of god. life is the image of god, which is essentially a spiritual being. if the equation of life is taken into consideration, there can be no doubt that the man cannot eternally remain forgetful of his spiritual nature. then he will find out his self.

time is having three-dimensional picture, in which, there are certain memories of the past having it’s permanent impact on the way of thinking; the present as we have visualised it from such angle; and the future with our expectation to be fulfilled. thus in this process, we may sidetracked from our inherent characteristics and may start challenging the time-honoured customs. the reckless spirit of defiance of well-established sacred principle becomes the way of life. there is the open crusade against the religion. there is no religion equal to it’s potential, in which, there may be compassion for the animals and birds, truthfulness in the behaviour and love for the fellow being. thus the religion is based on the philosophy of brotherhood and spiritual cult of life. the places, where there is the program organised to slaughter the animals, as that of giving the sacrifices to the deity, these are not the places of religion but these are slaughterhouses.

i have known the truth, but you can not know it. this is the preaching of every prophet. there lies their greatness. thus they bring down the highest truth to the door of every man but never allow it to reach to such man. this is the religion of life. the true religion, which may be achieved through spiritual knowledge, seeks the truths of the inner world.

bondage is of the mind, and freedom also is of the mind. a man is free if he constantly thinks and feels: i am a free soul. life and death are in the mind of the man. thus one should have a burning faith in god. he may feel that he has no bondage .he will fellow the instruction of the god.