Enough is enough. Without any perjured with any one, nor imposing any stigma upon any individual except to present system, the institutional and constitutional corruption orientation despotic anarchy, leading to Gandhi- Nehru Dynastical Monarchy, My heart is filled up with profound Bleeding. . From the attack on Parliament to the shocking fidayeen strike on Mumbai last year, scores of innocent men, women and children have fallen victim to terrorism. These attacks have also created a sense of insecurity among the people which also needs to be overturned and confidence restored. The soft policy of the Indian state has allowed terrorist cells to proliferate in the country and has enabled them to widen their ambit of operations by gathering funds, setting up training camps, and recruiting fresh foot-soldiers to their heinous cause Indian National Congress, headed by Sonia Gandhi,
The constitution of India provides that the Comptroller and Auditor General of India shall be appointed by the President by warrant under his hand and seal who shall not be removed from Office, except in the like manner and on the like grounds as a Judge of Supreme Court. The scheme of separation of accounts from audit was to be implemented in selective ministries e.g. communication, civil aviation, tourism, industries and civil supplies w.e.f April 1976, where the expansion regarding the expenditures and its audit was felt to be providing certain constraint and thereby resulting into the delay in implementation of the schemes at the relevant time. However by the gradual increase of the power with these ministries, the similar laxity in relation to the procedural safeguard was further provided the other ministries resulting into the defeat of the very purposes for which the office of the Comptroller and Auditor General was given the power through checks and balances. The effect of the aforesaid process has resulted in the departmentalization of union accounts enacted in 1976 and the transfer of personnel was given effect by the enforcement of the Act no 59 of 1976 from Indian Audit and Accounts departments which was earlier under the control of C.& AG to the newly formed department of Civil Accounts under the Controller General of Accounts under department of Expenditure ministry of Finance. In this manner the office of C& AG which was constituted under the scheme of the constitution of India to provide the restraint to the expenditure disproportionate from its own discretion by the relevant ministries was brought under the ministry of Finance and thereby giving the unbridle powers to the ministers and thereby overthrowing the constitutional mandate securing the safeguard over the whimsical expenditure. According to the legal opinion of the constitutional experts, the diversification of the financial powers to be utilised by the sole discretion of the bureaucrats without taking into consideration the Audit objections, which could have been made under the original constitutional scheme, was directly resulting into the notion of conferring the absolute power to the respective ministry. This was against the democratic, federal and republic set-up of our Constitution. The aforesaid concept of the parliamentarian democracy, providing the fraternity to an individual in preamble of the constitution, was an attack on its basic structure. This has led to an inadequate financial control which would have been benefited to the nation if such power were remained with C&AG in India That after coming over the constitution of India the Auditor General was designated as Comptroller Audit General of India under chapter V of the constitution.
Now Quattro chi’s Red corner Notice was about to expire and proposed to come to an end without any action , or say due to inaction of Central bureau of investigation, the opinion was sought from Attorney General of India, his opinion was that it is not sustainable , as there is no warrant against this fugitive leaving behind the crime of Kickbacks in Bofors bribery case. His name was figured as middleman and his case was longest and Costliest in Indian Legal History. The charge against him was of 200 Carore Kickback in finalizing the Bofors Deal Between Indian Govt. and Sweden Gun Company. This was two decade old Bofors Scandal. Now another kickback of Misuse of C.B.I. and office of The Attorney General Of India. Every one know that if you are a relative of the super lady Sonia Gandhi, nothing can be done against, Quattrochi’s, as the ghost of Mahatma Gandhi is still providing her the shelter and support from the back side and Gandhi is synonymous to India for Indian people. If a rascal chooses the name of Mahatma, he is safe , but he chooses the name of Gandhi , he can rule this nation in democratic process, as the people are still slave due to their hippocracy and superstition. Every Politician in Congress is upgraded after adhering Christianity and Corruption as these requirement of Corrupt ITALIAN LADY SUSPECTED TO BE INVOLVED with Prabhakaran, the conspirator in killing of Rajiv Gandhi and delay in providing Medical Assistance in bullet ridden body of Indira Gandhi for 49 minutes Has become a Money Grudger Our British law promulgated on the policy of Divide and Rule may not be able to erode the very foundation of democratic foundations and rule of Law In Society, as the peace tranquility and fraternity of common citizen be abrogated. Six Chief Justice of India, who were chosen in the system were designated as corrupt Judges. What happened to PF Scam Accused judges, when Asthana, the manipulator of Scam died in mysterious circumstances in Mr. Dashna Jail, Mr. Dinakaran case, Mr. Nirmala Yadav Case , which were exceptions cases are now being seen by an outsiders inside Supreme Court and in different High Courts, as Children of Judges, after becoming the Standing Counsels of Many Organizations after being patronage by other sitting Judges are earning the exorbitant amounts and paying the taxes in Rs. 70-80 Lacks Return Per Years. Intolerant Opportunist fanatics via judicial pseudo secularism/terrorism are the cause of defeat to idealistic Hindu
Combating terrorism, now being discredited by intolerant fanatics and opportunists politician, under whom ,the elite citizen, responsible for the executive functioning and the Investigating agencies responsible to protect the sovereign power of the State are knee down in anticipation of their posting for greasing their palm. This is the greatest problem of the world. It has become the threat to the Nations, who encouraged it during the process of the struggle of cold war, with fellow nation. The god of hated filled cult having its mandate to get the rid of the world of proclaimed “infidels” and “heretics”, are themselves struggling against their own weaknesses Dr. Satish Chandra being Appointed as High Court Judge Was not Possessing the essential qualification for being elevated as High Court Judge Our Present Chief Justice has given him the clean Chit . The provision for We have become a country of lost intellectuals with inability to see the wicked from the honest, crooked from the straight. These institutions, where relevant, will also be established at the State level. In addition there will be a common selection process to staff these institutions. We feel that all these measures need to be brought in simultaneously to effectively tackle corruption at all levels and provide a mechanism to redress grievances of citizens. you see, in a broad-based movement there will always be all kinds of people who come and support that movement. There will always be some people with whom one is not comfortable. But, in any large movement, so long as its core leadership is very clear about its methodology, about its ideology,
We write to you, to present this alternative, to elicit your responses, and to invite you to be part of the discourse. Please do let us know whether you are interested in being part of the discourse and in receiving periodic updates. However the assurance that all solutions to the entire gamut of corrupt practices could be worked out through a strong Lokpal has left us with a great sense of disquiet. In common usage and understanding of corruption an unrealistic promise to rising expectations that it is an alleviation of all ills through one bill, the term casually refers to a range of corrupt practices. The political/governance spectrum is indeed more culpable than others. For it is mandated to maintain integrity in public life, to keep the country on keel with constitutional and other guarantees. This country needs different set of people in power to bring about any change. Converted to Christianity and Dr. Y.S. Rajasekhar Reddy,the launch of Akhilandra Kamma Samakhya in Hyderabad on 25 December 2006 a number of speakers especially the politically- minded, characterized the present government of Andhra Pradesh as Reddy -Raj. This is unfortunate and apparently untrue. The truth is otherwise. Sri B.Gopala Reddy, N.Sanjeeva Reddy, K.Brahmananda Reddy, Dr N. Chenna Reddy, Sri N Janardhan Reddy, T.Anjaiah Reddy and Vijaya Bhaskar Reddy - seven of these Chief Ministers belonged to Reddy caste. During their tenure as Chief Ministers, Kammas had received due representation in the Cabinets as well as in all important government & semi-government offices.
Chief Minister is only a nominal Reddy. His father converted to Christianity and Dr. Y.S. Rajasekhar Reddy is a practising Christian who very demonstratively celebrated his birthday by a pilgrimage to Bethlehem in Palestine / Rome , the seat of the Pope. No Congress Chief Minister has lasted so long as Dr. Y.S. Rajasekhar Reddy since the exit of Brahmananda Reddy in the 1960s. This is entirely due to the total support he receives from the Italian -born, Roman Catholic leader of the Congress Party. Every Congress Chief Minister since the 1960 had been felled, down within an year or two by people within the Congress. But Dr. Y.S.Rajasekhar Reddy continues only because he is a Christian blessed by Dr. Sonia Maino Gandhi.
Many Christians including Bishops and Pastors are official and unofficial Advisors and conspicuously present in his office and elsewhere. Crypto -Christians that is, SC persons who had converted to Christianity but in the government records are SCs are appointed as Advisors after retirement. Crypto Christians are also the chair -persons of State organs like the SC Finance Corporation. Most sensitive police and IAS posts are also filled up by Christians with a few crumbs thrown to Muslims. Aurangzeb's forman to provinces to destroy all Hindu temples and schools. As many as 5,000 temples were destroyed under him—a minimum of 200 in 1679 alone. On the anniversary of the Babri Masjid demolition (December 6, 1992), it is important for Hindus (and Muslims) to understand the importance of the event in the context of Hindustan's history, past and recent, present and the future. Savages at a very low level of civilisation and no culture worth the name, from Arabia and west Asia, began entering India from the early century onwards. Islamic invaders demolished countless Hindu temples, shattered uncountable sculpture and idols, plundered innumerable palaces and forts of Hindu kings, killed vast numbers of Hindu men and carried off Hindu women. We cannot expect the thieves in power to bring about change. As someone said, perhaps only way to pass the bill now is to bribe them . Indian concerned and harassed with corruption that has seeped into the fabric of our country and has almost become a ‘Way of Life’.
Yet, we all want to do our bit in support of a Corruption Free India. Vesting jurisdiction over the length and breadth of the government machinery in one institution will concentrate too much power in the institution, while the volume of work will make it difficult to carry out its tasks. Unanimous endorsement of the need for accountability of all public servants, including the contentious issue of inclusion of the PM, with a few caveats. ( No one is above the law, enforcing the rule of law). An independent system for judicial scrutiny and standards. An independent and strong institution to scrutinize corruption of public servants and issues, which require different administrative processes and organizational set-up. A mechanism to redress grievances of the common citizen. Whistle Blowers protection. An institution to tackle corruption of all elected representatives, including the Prime Minister (with some safeguards), Ministers and Members of Parliament and senior bureaucrats (Group ‘A’ officers) and all other co-accused including those in the private and social sector. The Lokpal will be financially and administratively independent from the government and will have both investigative and prosecution powers. Amending the Central Vigilance Commission Act to remove the single directive and empower the CVC to investigate corruption and take appropriate action against mid-level bureaucracy. To strengthen the existing Judicial Accountability and Standards Bill, that is currently before the Parliament, to ensure that the judiciary is also made effectively and appropriately accountable, without compromising its independence from the executive or the integrity of its functions. To set up an effective time-bound system for grievance redress for common citizens to make the government answerable in terms of its functions, duties, commitments and obligations towards citizens.
The grievance redress structure would have decentralized institutional mechanisms going right down to each ward/block level, and would ensure a bottom-up, people centric approach so that complaints and grievances can be dealt with speedily and in a decentralized, participatory and transparent manner. It will integrate public vigilance processes like vigilance committees and social audits, and provide for facilitation for the filing of all grievances/complaints through the setting up of block information and facilitation centres in every Block (rural) and ward(urban) in the country.The grievance redress mechanism will be a three-tier structure consisting of grievance redress officers at the local level within the department, independent district level grievance redressal authorities and central/State level grievance redress commission. It will include and rationalize existing structures. To strengthen the existing Public interest Disclosure and Protection to Persons Making the Disclosure Bill, that is currently before the Parliament, to ensure appropriate protection of whistleblowers. This includes preventing the arbitrary use of power and corrupt practices. The Lokpal was too simplistically ordained by the campaign as a solution to all varieties of corrupt practices in our lives. Corruption orientations by corrupt politicians
After all this deliberations and discussions, country will not be any farther than where we are. If there is an iota of willingness to address corruption they would not engage in such a drama? NAC, which is an extra constitutional body. What has it done all these days on the political corruption, with so many serious charges on the ones in the Government itself. it is the Government. The Govt is using every tool to malign those who are contributing it will all sincerity? Should not Ms. Sonia Gandhi resign from the body before she gets involved in helping to bring change? The dawn of independence has virtually came with confrontation of many problems for effective administration. The foremost and the prominent problem was for rehabilitation of the refugees. There was no place for providing them the basic requirement of shelter and for that reason, the government provided the shelter home for them. The locality was not congenial for their adaptation . Thus the hostility amongst the people has started generating their side effects . The civilisation is the beginning of the governance to any nation. In absence of any co-ordination amongst the fellow citizens , the concept of social embodiment was virtually evasive . Thus there was neither any co-operation nor co-ordination amongst the citizens. The sole motto was to accumulate the resources for advancement and to enforce their hypothetical illusive superiority amongst the other inhabitant. Thus there was a complete absence of religious and spiritual concept in the society. No man can survive in isolation . There is a rule of give and take . The moment one person is inclined to accept everything as a matter of his right, the person who is inclined to give him his extra potential , withdraw the basic offer. This become the end of social collaboration . No country is able to survive except by the will of the people . The bitterness amongst the people may ultimately lead to a crisis on psychological level. Thus the country required the coercive method for the enforcement of law and order situation. This was on account of partition of India.
After independence there was the abolition of the Zamindari system in India. The entire agriculture land was wasted to the state government. The farmers were given only their cultivators rights over the rural land. Thus the concept of ownership was diluted to certain extent and those who were in occupation over the agriculture land became the Asami. Even a Bhumidhar was not vested the absolute ownership and was enjoying the transferable cultivators right. Thus the initiative for improvement of the land was slightly undergone a major change. The investment in the agriculture activities was multiplied to its many fold. This was due to inflation and the steep fall in the value of money. Thus it has gradually declined the production of the agriculture produce. The system has further suffered another set back by commercial activities as the cost of the labour was gradually increasing in its output. There was the difficulty faced by the farmers when they have entered the same cost of labour, what was required to be incurred for production. The commercial activities and the industrial production were not deprentdent on external factor like environmental misbalance and the natural calamities .The farmer having an agricultur3e production was solely dependent upon these two factors, this has provided a great disharmony in the progress of our nation . There were class prejudice between the various section of the society and this factor was coupled with the socio-economic factor relating to the comparative assessment of cost productivity. On one hand the industrial and commercial productivity was within the control of the labour to a certain extent however there was no organization activities for boosting the cause of the farmers. By the erosion of the ethical values in the society and the rapid growth of the population, there was gradually a process of migration from there motherland to some of the major cities in the search of the better avenues for remuneration by the people. Thus the major population which was totally dependent on their agriculture output an living in rural area has under gone a great set back in respect of their earning prospects and ultimately by the fragmentation of the segment over the peace of the land, there was gradual declination of the standard of living in the village area .
The political equation which were originally set-up in the pre-independence era were caught in the whirl pool by the violent stroke of caste system which was generating the devaluation in the national integration with cumulative effect . People do not live to face the truth and thus has their evasive attitude which deepens the compulsive gambler maladies by the passage of time. Although there was deep bitterness amongst the different religions but the slogan were promulgated by our political leader to maintain the feeling of the brotherhood which was not possible without proper enforcement. Thus in such as situation when there was already a deep conspiracy to upset the flow of the national esteem amongst the mind of the citizens by the other nation ,the political set-up of our country has further exaggerated such problem to the multiple proportion. There was the need for law enforcement agencies but such enforcement was still not possible without having a control over the system .
This has become a crisis in the first decade after the independence gradually there was as rampant corruption ascending in the public life and the galloping race which was developed by the process of character assassination could not be halted even after the enforcement of the highest law of our country . The crucial factor , as are being discussed above alike hunger , deficiency ,disharmony and disintegration ,has further provided a fast deteriorating standard of our society and as a counter productive reactionary trend , the crime has perpetuated in our society. In absence of any deterrent , retributive and punitive theory of punishment , the political arena which was previously occupied by our so called political sufferer in the freedom movement, was gradually replaced by the criminals. This was a paradise to every law evading process to shield up their responsibility as a repercussion of the criminal activity by the procedural processed jurisprudence . Thus instead of having any growth for the advancement of the nation, every potential and resources lying within the competence and power of our citizen was vested in providing the security to our political superior. Thus by the dawn of fifty years of independence, India has not only undergone through a political uncertainty but it has exposed its character by demonstrating an example of hypocrisy, religious hatred and criminal domination.
The industrial output which was occupied by labour contribution, has further suffered on account of low productivity in the public sector. There are about 250 public sector in the central government while 710 public sectors are occupied by the state .These sector have become a money guzzles for the opportunists for accumulating their personal assets. The East India Company was initially given the power to get the administration over the different states as the ruler may earn the revenue through British’s but ultimately they became the ruler. The present industrial set-up of our country has further invited such divisive forces to rule over our nation.The first and foremost requirement in our country is to deal with a criminal with severe punishment .It has rightly been said that it is only the fear which keeps a man to do the righteous thing in his life. The bane of caste system, the business of religion and unhygienic process for accumulation of the assets and resources with the limited people which has provided a disharmony in the society , can only be dealt with by confiscation and forfeiture of the property belonging to the criminals. The bonafide citizens and a genuine person may not be liable to suffer the atrocities committed by a criminal who may get escaped from the punishment by making a target on the victim. The state is responsible for every crime and it is a lame excuse that it is meant to preserve only the law and order situation. There is a need for getting every person being removed somehow or other who by his own nature uses to indulge in a criminal activities .
That is the need of the time other wise the entire nation will be compelled to become the hens of the criminals. There is the second requirement for having an accountability of the wrong doer, It is certainly not the purpose and the objective of the law enforcing agencies , that a wrong be corrected or rectified. This is a reciprocal obligation upon every superior authority in the hierarchy of the system that their subordinate may get the proper punishment for every wilful defiance of their inaction and such in subordination of the rule of law in the society. It is the high time that every quasi judicial action in which there is a glimpse of dishonesty , such action apart from being dealt with by rectification of the mistake , be accountable against such officer on account of whose wilful negligence or lapses , the affected person has undergone a great agony, discomfiture , disappointment , frustration otherwise there will be no end of dishonest and apathetically circumstances from the society. The ecological cycle has been totally disassociated from its normal course. There is the need for filling the rainy water inside our first subcutaneous layer from where the water is pulled through pumping set. This will provide the immediate water requirement to the citizen for their daily use as well as for their irrigation. There is the wastage of this water and ultimately the same is providing the flood to the other portion of the country lying on low altitude and in this manner we may again restore the glory of the Himalayan valley throughout our nation.
The privilege orientation system being generated for creating a psychological; terror on the mentality of as common man is required to be dealt with by the people themselves as no-one wanted to get his privilege been taken away simply on account of the wishes of the other citizens. The voice of the intellectual is soft and till they may not unite in the battle , the victory and the chances of success is always lying at a remote distance . Every toil will have its own colour subject to that we may be inclined to eradicate the prevailing maladies. In exercise of the power conferred upon para eight of the tenth schedule of the Constitution of India, the speaker of the U. P. legislative assembly had framed “The member of U. P. legislative assembly (disqualification on the ground of defection )Rules,1987”. The statement of object and reason of the Constitution (52 amendment) at, 1985 were sum up in these words. The evil of political defection has been a matter of National concern. If it is not combated, it is likely to undermine the vary foundations of our democracy and principles, which sustained it. The anti-defection Bill is meant for outlawing defection and fulfilling the above assurance. Surprisingly, the expression “Political party” and “Defection” are not defined in interpretation clause. The splitting of 1/3 members of a particular party by formation of separate group is permitted, but the defection of a individual legislature is prohibited under the Act. This is a very strange that if you commit the murder of democracy with impunity under the garb of the split in political party, you will be punished but the infliction of the injury on political party is punishable with the disqualification of the membership of the legislature; if the legislature has acted according to his conscience by supporting the resolution of confidence or no confidence. The question which arise in the mind of individual citizen that whether while exercising his adult franchise in the election, he chooses an individual candidate or political party to come into power and it the political party is voted to the power why the individual is permissible to play the vital role in the formation of the legislation. There are other questions regarding the sanctity of the whip enforced by the individual party is a democratic trend or it leads to an anarchy or an oligarchy. Thus the Parliamentarian system of the governance by the political party appears to be undemocratic on its face value.
The supply of the essential commodity like food water electricity and other resources should be provided without interruption and for such crisis there is the vicarious liability of the state government. Thus it is for the state government to adopt the suitable measurement for providing such commodity and simultaneously to dealt with the person / employee working under them by awarding suitable punishment if they may cause such disruption. The outcome of the agriculture production are the assets of the nation. There is the check and balance in respect of determination of the prices of the food products. However despite being regulated by the government policy, there has been an apathy with the problems of the farmers. Since the entire land is vested with the state government ,it is the duty reciprocal upon the state to provide the improvement in the soil for better productivity. There are many defects in the present system of agriculture system and till the government may not be held responsible for cultivation soil conservation and for providing the fertility , nothing can be improved by merely the slogans . Unfortunately there are the instances of the arrests a poor farmer when he finds himself unable to fulfil the contractual liability by repairment of the debt which he had taken for proving irrigation, cultivation and production of his agriculture land. Whether the government is justified for keeping privilege orientation and simultaneously putting the farmers inside the jail on account of there failure to repay the loan due to some natural calamity. Every sort of incentive by providing the financial assistance to the needy people is of no avail , if the son of the soil may undergone a treatment of discrimination and arbitrariness by committing atrocities upon them.
The universal declaration of the human right is nothing but a misnomer in India . There is neither a human being who is born free and having equal dignity and rights as are being enjoyed by few opportunists. There cannot be an endeavour in the spirit of brotherhood. Our country has got the race prejudice which is dependent not only on the basis of the colour, sex , language but on the basis of caste affiliation. Here is no security of the person and everyone is subjected to be ruled by the law enforcing agents either in slavery or in servitude. People are subjected to torture and to get degrading treatment by another fellow citizen whoever is enjoying the power. The right to an effective remedy is totally collapsed by the pressure of the work. In such situation, how the courts which are considered to be sentinel in the quivive may enjoy the protection of the rule of law in the society. Success lies upon the effective measures to eradicate root an branches of all evils. It is been considered that now the arms of the law are not long enough to mould the law . According to the need of the people. The law enforcement agencies are mainly adopting the coercive power by providing a torture and they are seldom not concerned with their duty. Thus a clear imperative by proper planning ,constant counselling and persuasion are the appropriate mean rather abrupt and spontaneous method. There is a need to provide some incidental and ancillary powers to the courts for adopting new device, new methods and new strategy in securing the justice to the people.
Necessary amendments are required to be done in our constitution by expanding the scope of Article 226 and 227 of the constitution of India.The judicial verdict may be regarded as the foundation and the third pillar of the democracy which may have some foundation on the basis of the public opinion. If the people may start their trust in such system then no one can save it from the ultimate collapse thus every procedural law which is providing a barrier for effective adjudication of a dispute must be wiped out from its inherent impediment. The process of judicial proceeding are in itself cumbersome and exhausting. There are huge investment in the process of final verdict . Thus a system is required to be develop in which the person may feel confident. This is not a system which is purely dependent upon the gambit or like a profound gambler but on the other hand it may require to win the trust amongst the people. If the litigant consider it as a chance verdict for which a huge investment may require then for him it may become as a Hobson’s choice.
Unfortunately the mutation proceedings for providing the name being recorded ion the revenue record and on the basis of which every transaction is dependent are still being considered as the summary proceeding which are collateral piece of evidence for the purpose of realisation of the compensation in the land acquisition and for proving the possession . who bothers for title and it is seldom found easier to fabricate a negotiable instrument and document for raising a dispute and there by to obtain an injunction even amazed the state government to cultivate a right over such land. Thus it has become a compulsive gambler to an innocent citizen either to surrender his rights of ownership or he may adopt a course of criminal nature to settle dispute. Thus if the accountability and responsibility of the wrong doer may not be fixed by the present judicial system the foundation which are based for the peaceful assimilating of the superior command may gradually be vanished from the scene of our present judicial set-up. The concept of tortuous liability has yet not been evolved for providing the damage to the victim of the wrong. In absence of such responsibility there is neither the requirement which has been visualised by the higher judiciary to have the proper and effective control over the subordinate judicial officer. Power of judicial review is coupled with the power to scrutinise as to whether the judicial authority entrusted with the power to hold enquiry was vested with the jurisdiction, power and authority to reach a definite conclusion which has been arrived by such judicial officer in delivering a judgement .The legal proposition based on such supervisory jurisdiction is coupled with the fact as to whether an abuse of the discretion may not be viewed by its magnitude and its gravity of the said misconduct, may not be sufficient for disciplinary action. Such power may be exercised in exceptional cases but atleast there may be some fear in the minds of the judicial officer to conduct its functioning as the confidence of the litigant public may not be shaken by the lack of integrity and character of the judicial officer by providing the suffering to an innocent person and also to maintain the discipline in the judicial service. Unfortunately we have lost our sight from this basic requirement, which is necessary to maintain the rule of law .
The government has a sovereign function which includes the right to impose tax. Seldom , people ask that why they should be held responsible for the payment of the tax . The reason for their declination to fulfil such a responsibility is basically two folds; Firstly, the public money is mis-utilised by the bureaucrats and other politicians, who are holding the public office as the custodian of the trust of the people. Secondly, the money which is realised as the tax is occasionally mis-utilised for the political consideration which is contrary to the object and being invested for extraneous consideration. The tax payer has a right on the public exchequer as it may not be hired at the convenience of the politician. In absence of an institution like that of Ombudsman which is known as Lok -Aayukt where the people may lodge a complaint against the dishonest and corrupt officials. This is due to the reason that in India , we have lack of sense of duty and dedication to public service and a reluctance to confirm one’s own behaviour to the accepted norm of honesty and probity in public life. Illiteracy reigns supreme in India. A complete absence of enlightened public opinion is prevalent which is necessary to make such Institutions work. A persistent tendency to subordinate national interest to the personal interest accompanied by an Individual his inordinate love for chair , power and money is evident in our country. Thus in absence of a superior command we may seldom get a man, who by his own nature may be indulged for the welfare of the people. This is only the fear which may keep a person in order . The judicial system which was initially meant for rectification of the mistake of the subordinate judicial officer , is seldom found in itself being indulged into its own mistake . The litigation is now being filed nearly as a clock for attaining private ends and as such the court must be careful to weigh conflicting interest of the other side. The consequent delay in disposal of the cases is seldom visualised the shortage of the water supply for the agriculture irrigation facility, shortage in electric supply ,obstructing industrial development and for the construction of the road and irrigation canal by entertaining the petition on the plea of malafide or by levelling the allegation for collateral purpose against the land acquisition proceedings. Thus there may be reimbursement of cost of escalation resulting from such delay to the public or to the affected party , in case such litigation which has started for extraneous consideration ultimately fails.
Religion is politics ; and the politics is the brotherhood ( William Blake ). Thus the politics is an essential branch of the art of promoting the human welfare and happiness but it was never considered to be an art of obtaining power, which may turn as demagogy. Every action has three basic requirement for its objective , i.e Desire , Emotion and Knowledge. In absence of any of the three basic ingredients to be adhere prior to the implementation of a policy, we may have the utter failure in every efforts. Thus the country is also bound to collapse on every front, if there is the absence of the knowledge amongst our politicians. Every basic thrust is secondary for the utilisation. If we consider money as the paramount consideration for attaining the political power , the custodian of the public trust shall automatically purged with the illusion of hypothetical superiority and nothing shall remain to provide a contribution towards the welfare of the citizen. The necessity of the money is to achieve the basic requirement otherwise the accumulation of it in itself become a corruption. The similar sentiments may be attributed towards power and sex desire which has its reservoir in the emotional psychological sphere but if it is unchecked it may result in disastrous for the society. Thus if we are inherently incapable to decide, what is required for our existence , there is a need for sanction and the punitive measurement, if one may side track from the basic requirement unfortunately despite our inherent capability to improve in a span of last 50 years after being ruled by the alien power, we have yet not evolved an effective system. This is the reason of our political disaster.
Oligarchy, a system in which ultimate power is confined to a section of the community; the rich to the exclusion of the poor, aristocrats to the exclusion of plebeians, opportunists to the exclusion of benevolence , reservation to the exclusion of efficiency, males to the exclusion of females ,is an absolute monarchy in our nation. This system is based on the ethics of gaining more advantage of than of that of the rest of the community. The power rests on public opinion and if we diversify our intention for the lesser important factors, the prominent amongst them may be crucified. This was the approach of our political master to rule the nation after getting independence . In the present context of the political set-up of the country having certain global phenomenon regarding involvement of the politician at large in the nefarious activities by gaining undue prominence without any moral obligation towards the citizens to protect their human rights , there should be the persistent efforts of the people for participating into political sphere as the article of perpetuating corruption by mediocrity and thereby earning enormous money and power to be restricted for which the person willing to sacrifice their future for the betterment of the human rights of the public may come forward . The choice of the people in political arena for launching any political party into the power is just like of patting the snake or Cobra . Destiny is the result of consequences reflecting through individuals action. An urge may lead to big surge . Hell and heaven both exists in a society only the truth remains without any virtue , not with any voice. It is said that where the science ends , religion begins ; where the religion ends spiritualism starts ; where the spiritualism ends , a reality survives. These are the realities of the life in the process of evolution . the creative acts of the genius are always remain the subject matter of criticism as they are usually confronted with optionally stupidity of other fellow citizens. There is a delicate balance between public duty and personal honour . The numerical majority leads to the destruction of benevolent leadership . The human progress do not originate in the composite brains , but it is by the wisdom of the individual personality . Thus in the search of the better human rights provided to its citizens , there is necessarily some impediments in process of evolution and advancement of society because the protection is at large in favour of those citizens who are involved through their activities towards their towards destructive approach for advancement of the society , which is detrimental to the interest of the superior in command . Still there may not be any compromise with the human rights conferred upon an individual.
Society is becoming more complicated. The democracy brings with it evils of its own system . It is difficult to search a really devotes person amongst the majority. Psychological reconciliation amongst fellow citizens to utilise every potential energy and to maintain co-ordination between fellow citizens. Civilisation begins in order , grows with liberty and ultimately perish in chaos , civil liberty are better and save as long as its enforcement do not bother others existence . Administrative system and judicial institutions are considered for vacillation of the There is always a conflict between opinion and rivalry of the interest. Time has come to expose the falsehood and fallacies through discussions in order to avert its global devolution. The remedy is speech, not enforced silence. The ship of progress is equipped with moral strength. We cannot remain silent spectator by observing the gradual disintegration of every institution in a democratic society. However , our potential will prove the power to save them and to resist against evil disasters . There is no steady advance towards higher condition of progress. The opinion persists to subordinate personal interest to social interest as the vested interest are always motivated to usurp power through any means even at the cost of its own interest. Sincerity is now slave of destructive activities and human rights are passing through the state of psychological retardation. Attitude of the public is mainly consist of denouncing the receptive norms. Moral damage is more terrible.purposes.
The individual human rights enforcement is inadequately persists and thus the existing remedies are required to fresh appraisal. The entire fabric of the society is scattered and shattered , which is existing with galloping corruption. The proper assessment of legal and social condition is essential. Reason obeys itself while ignorance submits to whatever is dictated to it . Freedom does not mean abuse nor liberty is a license . The survival of the human rights and individual freedom requires obedience, endeavour, honesty , truthfulness, sacrifice , discipline and character . Implementation of the strong idea requires steadfast wisdom. Such idea should burst every chain , which tends to paralyse its efforts to push forward. Most of the people tends to see nothing nor inclined to observe. They do not take the notice of evil consequences as the simplest and the cheapest attitude is apathy. The ensuring success is mostly understood at the beginning due to strong contrast of public opinion.
There is one prominent factor in representative government that it is not ruled by the minority through the brute forces and may again lead to us for a slavery. Thus it is seldom considered that let the advancement of the people may suffer by other radical factors , but at least we are not leading for the unpleasant slavery and subordination at the hands of a foreign ruler. Thus we have to search the new method, strategy, accountability and responsibility in the present political system of a representative government. Every art and every enquiry and similarly every action and pursuit is thought to aim for welfare of the people and thus all things depends upon them to find as better end .
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 visualized 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-honored 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 behavior 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 organized 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. A RESEARCH PAPER BASED UPON THE THESIS OF- Dr. Ashok Saxena,MANAS PRAKASHAN , 121, Manas Nagar, Shaganj, Agra E-mail ; mail2ashoksaxena@yahoo.com
On the basis of research work of Dr. Ashok Saxena article composed by his Brother YOGESH KUMAR SAXENA ADVOCATE, HIGH COURT EX.VICE- PRESIDENT, ADVOCATE’S ASSOCIATION Vice President of Hind Kishan Sang than President(legal cell) Akhil Bhartiya Kayastha Mahashabha Phone 9415284843, 9792131584, 7800888892, 9451181638 E mail yogrekha@yahoo.co.in/ yogrekha@rediffmail.com
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Enough is enough. Without any perjured with any one, nor imposing any stigma upon any individual except to present system, the institutional and constitutional corruption orientation despotic anarchy, leading to Gandhi- Nehru Dynastical Monarchy, My heart is filled up with profound Bleeding. . From the attack on Parliament to the shocking fidayeen strike on Mumbai last year, scores of innocent men, women and children have fallen victim to terrorism. These attacks have also created a sense of insecurity among the people which also needs to be overturned and confidence restored. The soft policy of the Indian state has allowed terrorist cells to proliferate in the country and has enabled them to widen their ambit of operations by gathering funds, setting up training camps, and recruiting fresh foot-soldiers to their heinous cause Indian National Congress, headed by Sonia Gandhi,
The constitution of India provides that the Comptroller and Auditor General of India shall be appointed by the President by warrant under his hand and seal who shall not be removed from Office, except in the like manner and on the like grounds as a Judge of Supreme Court. The scheme of separation of accounts from audit was to be implemented in selective ministries e.g. communication, civil aviation, tourism, industries and civil supplies w.e.f April 1976, where the expansion regarding the expenditures and its audit was felt to be providing certain constraint and thereby resulting into the delay in implementation of the schemes at the relevant time. However by the gradual increase of the power with these ministries, the similar laxity in relation to the procedural safeguard was further provided the other ministries resulting into the defeat of the very purposes for which the office of the Comptroller and Auditor General was given the power through checks and balances. The effect of the aforesaid process has resulted in the departmentalization of union accounts enacted in 1976 and the transfer of personnel was given effect by the enforcement of the Act no 59 of 1976 from Indian Audit and Accounts departments which was earlier under the control of C.& AG to the newly formed department of Civil Accounts under the Controller General of Accounts under department of Expenditure ministry of Finance. In this manner the office of C& AG which was constituted under the scheme of the constitution of India to provide the restraint to the expenditure disproportionate from its own discretion by the relevant ministries was brought under the ministry of Finance and thereby giving the unbridle powers to the ministers and thereby overthrowing the constitutional mandate securing the safeguard over the whimsical expenditure. According to the legal opinion of the constitutional experts, the diversification of the financial powers to be utilised by the sole discretion of the bureaucrats without taking into consideration the Audit objections, which could have been made under the original constitutional scheme, was directly resulting into the notion of conferring the absolute power to the respective ministry. This was against the democratic, federal and republic set-up of our Constitution. The aforesaid concept of the parliamentarian democracy, providing the fraternity to an individual in preamble of the constitution, was an attack on its basic structure. This has led to an inadequate financial control which would have been benefited to the nation if such power were remained with C&AG in India That after coming over the constitution of India the Auditor General was designated as Comptroller Audit General of India under chapter V of the constitution.
Now Quattro chi’s Red corner Notice was about to expire and proposed to come to an end without any action , or say due to inaction of Central bureau of investigation, the opinion was sought from Attorney General of India, his opinion was that it is not sustainable , as there is no warrant against this fugitive leaving behind the crime of Kickbacks in Bofors bribery case. His name was figured as middleman and his case was longest and Costliest in Indian Legal History. The charge against him was of 200 Carore Kickback in finalizing the Bofors Deal Between Indian Govt. and Sweden Gun Company. This was two decade old Bofors Scandal. Now another kickback of Misuse of C.B.I. and office of The Attorney General Of India. Every one know that if you are a relative of the super lady Sonia Gandhi, nothing can be done against, Quattrochi’s, as the ghost of Mahatma Gandhi is still providing her the shelter and support from the back side and Gandhi is synonymous to India for Indian people. If a rascal chooses the name of Mahatma, he is safe , but he chooses the name of Gandhi , he can rule this nation in democratic process, as the people are still slave due to their hippocracy and superstition. Every Politician in Congress is upgraded after adhering Christianity and Corruption as these requirement of Corrupt ITALIAN LADY SUSPECTED TO BE INVOLVED with Prabhakaran, the conspirator in killing of Rajiv Gandhi and delay in providing Medical Assistance in bullet ridden body of Indira Gandhi for 49 minutes Has become a Money Grudger Our British law promulgated on the policy of Divide and Rule may not be able to erode the very foundation of democratic foundations and rule of Law In Society, as the peace tranquility and fraternity of common citizen be abrogated. Six Chief Justice of India, who were chosen in the system were designated as corrupt Judges. What happened to PF Scam Accused judges, when Asthana, the manipulator of Scam died in mysterious circumstances in Mr. Dashna Jail, Mr. Dinakaran case, Mr. Nirmala Yadav Case , which were exceptions cases are now being seen by an outsiders inside Supreme Court and in different High Courts, as Children of Judges, after becoming the Standing Counsels of Many Organizations after being patronage by other sitting Judges are earning the exorbitant amounts and paying the taxes in Rs. 70-80 Lacks Return Per Years. Intolerant Opportunist fanatics via judicial pseudo secularism/terrorism are the cause of defeat to idealistic Hindu
Combating terrorism, now being discredited by intolerant fanatics and opportunists politician, under whom ,the elite citizen, responsible for the executive functioning and the Investigating agencies responsible to protect the sovereign power of the State are knee down in anticipation of their posting for greasing their palm. This is the greatest problem of the world. It has become the threat to the Nations, who encouraged it during the process of the struggle of cold war, with fellow nation. The god of hated filled cult having its mandate to get the rid of the world of proclaimed “infidels” and “heretics”, are themselves struggling against their own weaknesses Dr. Satish Chandra being Appointed as High Court Judge Was not Possessing the essential qualification for being elevated as High Court Judge Our Present Chief Justice has given him the clean Chit . The provision for We have become a country of lost intellectuals with inability to see the wicked from the honest, crooked from the straight. These institutions, where relevant, will also be established at the State level. In addition there will be a common selection process to staff these institutions. We feel that all these measures need to be brought in simultaneously to effectively tackle corruption at all levels and provide a mechanism to redress grievances of citizens. you see, in a broad-based movement there will always be all kinds of people who come and support that movement. There will always be some people with whom one is not comfortable. But, in any large movement, so long as its core leadership is very clear about its methodology, about its ideology,
We write to you, to present this alternative, to elicit your responses, and to invite you to be part of the discourse. Please do let us know whether you are interested in being part of the discourse and in receiving periodic updates. However the assurance that all solutions to the entire gamut of corrupt practices could be worked out through a strong Lokpal has left us with a great sense of disquiet. In common usage and understanding of corruption an unrealistic promise to rising expectations that it is an alleviation of all ills through one bill, the term casually refers to a range of corrupt practices. The political/governance spectrum is indeed more culpable than others. For it is mandated to maintain integrity in public life, to keep the country on keel with constitutional and other guarantees. This country needs different set of people in power to bring about any change. Converted to Christianity and Dr. Y.S. Rajasekhar Reddy,the launch of Akhilandra Kamma Samakhya in Hyderabad on 25 December 2006 a number of speakers especially the politically- minded, characterized the present government of Andhra Pradesh as Reddy -Raj. This is unfortunate and apparently untrue. The truth is otherwise. Sri B.Gopala Reddy, N.Sanjeeva Reddy, K.Brahmananda Reddy, Dr N. Chenna Reddy, Sri N Janardhan Reddy, T.Anjaiah Reddy and Vijaya Bhaskar Reddy - seven of these Chief Ministers belonged to Reddy caste. During their tenure as Chief Ministers, Kammas had received due representation in the Cabinets as well as in all important government & semi-government offices.
Chief Minister is only a nominal Reddy. His father converted to Christianity and Dr. Y.S. Rajasekhar Reddy is a practising Christian who very demonstratively celebrated his birthday by a pilgrimage to Bethlehem in Palestine / Rome , the seat of the Pope. No Congress Chief Minister has lasted so long as Dr. Y.S. Rajasekhar Reddy since the exit of Brahmananda Reddy in the 1960s. This is entirely due to the total support he receives from the Italian -born, Roman Catholic leader of the Congress Party. Every Congress Chief Minister since the 1960 had been felled, down within an year or two by people within the Congress. But Dr. Y.S.Rajasekhar Reddy continues only because he is a Christian blessed by Dr. Sonia Maino Gandhi.
Many Christians including Bishops and Pastors are official and unofficial Advisors and conspicuously present in his office and elsewhere. Crypto -Christians that is, SC persons who had converted to Christianity but in the government records are SCs are appointed as Advisors after retirement. Crypto Christians are also the chair -persons of State organs like the SC Finance Corporation. Most sensitive police and IAS posts are also filled up by Christians with a few crumbs thrown to Muslims. Aurangzeb's forman to provinces to destroy all Hindu temples and schools. As many as 5,000 temples were destroyed under him—a minimum of 200 in 1679 alone. On the anniversary of the Babri Masjid demolition (December 6, 1992), it is important for Hindus (and Muslims) to understand the importance of the event in the context of Hindustan's history, past and recent, present and the future. Savages at a very low level of civilisation and no culture worth the name, from Arabia and west Asia, began entering India from the early century onwards. Islamic invaders demolished countless Hindu temples, shattered uncountable sculpture and idols, plundered innumerable palaces and forts of Hindu kings, killed vast numbers of Hindu men and carried off Hindu women. We cannot expect the thieves in power to bring about change. As someone said, perhaps only way to pass the bill now is to bribe them . Indian concerned and harassed with corruption that has seeped into the fabric of our country and has almost become a ‘Way of Life’.
Yet, we all want to do our bit in support of a Corruption Free India. Vesting jurisdiction over the length and breadth of the government machinery in one institution will concentrate too much power in the institution, while the volume of work will make it difficult to carry out its tasks. Unanimous endorsement of the need for accountability of all public servants, including the contentious issue of inclusion of the PM, with a few caveats. ( No one is above the law, enforcing the rule of law). An independent system for judicial scrutiny and standards. An independent and strong institution to scrutinize corruption of public servants and issues, which require different administrative processes and organizational set-up. A mechanism to redress grievances of the common citizen. Whistle Blowers protection. An institution to tackle corruption of all elected representatives, including the Prime Minister (with some safeguards), Ministers and Members of Parliament and senior bureaucrats (Group ‘A’ officers) and all other co-accused including those in the private and social sector. The Lokpal will be financially and administratively independent from the government and will have both investigative and prosecution powers. Amending the Central Vigilance Commission Act to remove the single directive and empower the CVC to investigate corruption and take appropriate action against mid-level bureaucracy. To strengthen the existing Judicial Accountability and Standards Bill, that is currently before the Parliament, to ensure that the judiciary is also made effectively and appropriately accountable, without compromising its independence from the executive or the integrity of its functions. To set up an effective time-bound system for grievance redress for common citizens to make the government answerable in terms of its functions, duties, commitments and obligations towards citizens.
The grievance redress structure would have decentralized institutional mechanisms going right down to each ward/block level, and would ensure a bottom-up, people centric approach so that complaints and grievances can be dealt with speedily and in a decentralized, participatory and transparent manner. It will integrate public vigilance processes like vigilance committees and social audits, and provide for facilitation for the filing of all grievances/complaints through the setting up of block information and facilitation centres in every Block (rural) and ward(urban) in the country.The grievance redress mechanism will be a three-tier structure consisting of grievance redress officers at the local level within the department, independent district level grievance redressal authorities and central/State level grievance redress commission. It will include and rationalize existing structures. To strengthen the existing Public interest Disclosure and Protection to Persons Making the Disclosure Bill, that is currently before the Parliament, to ensure appropriate protection of whistleblowers. This includes preventing the arbitrary use of power and corrupt practices. The Lokpal was too simplistically ordained by the campaign as a solution to all varieties of corrupt practices in our lives. Corruption orientations by corrupt politicians
After all this deliberations and discussions, country will not be any farther than where we are. If there is an iota of willingness to address corruption they would not engage in such a drama? NAC, which is an extra constitutional body. What has it done all these days on the political corruption, with so many serious charges on the ones in the Government itself. it is the Government. The Govt is using every tool to malign those who are contributing it will all sincerity? Should not Ms. Sonia Gandhi resign from the body before she gets involved in helping to bring change?
The dawn of independence has virtually came with confrontation of many problems for effective administration. The foremost and the prominent problem was for rehabilitation of the refugees. There was no place for providing them the basic requirement of shelter and for that reason, the government provided the shelter home for them. The locality was not congenial for their adaptation . Thus the hostility amongst the people has started generating their side effects . The civilisation is the beginning of the governance to any nation. In absence of any co-ordination amongst the fellow citizens , the concept of social embodiment was virtually evasive . Thus there was neither any co-operation nor co-ordination amongst the citizens. The sole motto was to accumulate the resources for advancement and to enforce their hypothetical illusive superiority amongst the other inhabitant. Thus there was a complete absence of religious and spiritual concept in the society. No man can survive in isolation . There is a rule of give and take . The moment one person is inclined to accept everything as a matter of his right, the person who is inclined to give him his extra potential , withdraw the basic offer. This become the end of social collaboration . No country is able to survive except by the will of the people . The bitterness amongst the people may ultimately lead to a crisis on psychological level. Thus the country required the coercive method for the enforcement of law and order situation. This was on account of partition of India.
After independence there was the abolition of the Zamindari system in India. The entire agriculture land was wasted to the state government. The farmers were given only their cultivators rights over the rural land. Thus the concept of ownership was diluted to certain extent and those who were in occupation over the agriculture land became the Asami. Even a Bhumidhar was not vested the absolute ownership and was enjoying the transferable cultivators right. Thus the initiative for improvement of the land was slightly undergone a major change. The investment in the agriculture activities was multiplied to its many fold. This was due to inflation and the steep fall in the value of money. Thus it has gradually declined the production of the agriculture produce. The system has further suffered another set back by commercial activities as the cost of the labour was gradually increasing in its output. There was the difficulty faced by the farmers when they have entered the same cost of labour, what was required to be incurred for production. The commercial activities and the industrial production were not deprentdent on external factor like environmental misbalance and the natural calamities .The farmer having an agricultur3e production was solely dependent upon these two factors, this has provided a great disharmony in the progress of our nation . There were class prejudice between the various section of the society and this factor was coupled with the socio-economic factor relating to the comparative assessment of cost productivity. On one hand the industrial and commercial productivity was within the control of the labour to a certain extent however there was no organization activities for boosting the cause of the farmers. By the erosion of the ethical values in the society and the rapid growth of the population, there was gradually a process of migration from there motherland to some of the major cities in the search of the better avenues for remuneration by the people. Thus the major population which was totally dependent on their agriculture output an living in rural area has under gone a great set back in respect of their earning prospects and ultimately by the fragmentation of the segment over the peace of the land, there was gradual declination of the standard of living in the village area .
The political equation which were originally set-up in the pre-independence era were caught in the whirl pool by the violent stroke of caste system which was generating the devaluation in the national integration with cumulative effect . People do not live to face the truth and thus has their evasive attitude which deepens the compulsive gambler maladies by the passage of time. Although there was deep bitterness amongst the different religions but the slogan were promulgated by our political leader to maintain the feeling of the brotherhood which was not possible without proper enforcement. Thus in such as situation when there was already a deep conspiracy to upset the flow of the national esteem amongst the mind of the citizens by the other nation ,the political set-up of our country has further exaggerated such problem to the multiple proportion. There was the need for law enforcement agencies but such enforcement was still not possible without having a control over the system .
This has become a crisis in the first decade after the independence gradually there was as rampant corruption ascending in the public life and the galloping race which was developed by the process of character assassination could not be halted even after the enforcement of the highest law of our country . The crucial factor , as are being discussed above alike hunger , deficiency ,disharmony and disintegration ,has further provided a fast deteriorating standard of our society and as a counter productive reactionary trend , the crime has perpetuated in our society. In absence of any deterrent , retributive and punitive theory of punishment , the political arena which was previously occupied by our so called political sufferer in the freedom movement, was gradually replaced by the criminals. This was a paradise to every law evading process to shield up their responsibility as a repercussion of the criminal activity by the procedural processed jurisprudence . Thus instead of having any growth for the advancement of the nation, every potential and resources lying within the competence and power of our citizen was vested in providing the security to our political superior. Thus by the dawn of fifty years of independence, India has not only undergone through a political uncertainty but it has exposed its character by demonstrating an example of hypocrisy, religious hatred and criminal domination.
The industrial output which was occupied by labour contribution, has further suffered on account of low productivity in the public sector. There are about 250 public sector in the central government while 710 public sectors are occupied by the state .These sector have become a money guzzles for the opportunists for accumulating their personal assets. The East India Company was initially given the power to get the administration over the different states as the ruler may earn the revenue through British’s but ultimately they became the ruler. The present industrial set-up of our country has further invited such divisive forces to rule over our nation.The first and foremost requirement in our country is to deal with a criminal with severe punishment .It has rightly been said that it is only the fear which keeps a man to do the righteous thing in his life. The bane of caste system, the business of religion and unhygienic process for accumulation of the assets and resources with the limited people which has provided a disharmony in the society , can only be dealt with by confiscation and forfeiture of the property belonging to the criminals. The bonafide citizens and a genuine person may not be liable to suffer the atrocities committed by a criminal who may get escaped from the punishment by making a target on the victim. The state is responsible for every crime and it is a lame excuse that it is meant to preserve only the law and order situation. There is a need for getting every person being removed somehow or other who by his own nature uses to indulge in a criminal activities .
That is the need of the time other wise the entire nation will be compelled to become the hens of the criminals. There is the second requirement for having an accountability of the wrong doer, It is certainly not the purpose and the objective of the law enforcing agencies , that a wrong be corrected or rectified. This is a reciprocal obligation upon every superior authority in the hierarchy of the system that their subordinate may get the proper punishment for every wilful defiance of their inaction and such in subordination of the rule of law in the society. It is the high time that every quasi judicial action in which there is a glimpse of dishonesty , such action apart from being dealt with by rectification of the mistake , be accountable against such officer on account of whose wilful negligence or lapses , the affected person has undergone a great agony, discomfiture , disappointment , frustration otherwise there will be no end of dishonest and apathetically circumstances from the society. The ecological cycle has been totally disassociated from its normal course. There is the need for filling the rainy water inside our first subcutaneous layer from where the water is pulled through pumping set. This will provide the immediate water requirement to the citizen for their daily use as well as for their irrigation. There is the wastage of this water and ultimately the same is providing the flood to the other portion of the country lying on low altitude and in this manner we may again restore the glory of the Himalayan valley throughout our nation.
The privilege orientation system being generated for creating a psychological; terror on the mentality of as common man is required to be dealt with by the people themselves as no-one wanted to get his privilege been taken away simply on account of the wishes of the other citizens. The voice of the intellectual is soft and till they may not unite in the battle , the victory and the chances of success is always lying at a remote distance . Every toil will have its own colour subject to that we may be inclined to eradicate the prevailing maladies. In exercise of the power conferred upon para eight of the tenth schedule of the Constitution of India, the speaker of the U. P. legislative assembly had framed “The member of U. P. legislative assembly (disqualification on the ground of defection )Rules,1987”. The statement of object and reason of the Constitution (52 amendment) at, 1985 were sum up in these words. The evil of political defection has been a matter of National concern. If it is not combated, it is likely to undermine the vary foundations of our democracy and principles, which sustained it. The anti-defection Bill is meant for outlawing defection and fulfilling the above assurance. Surprisingly, the expression “Political party” and “Defection” are not defined in interpretation clause. The splitting of 1/3 members of a particular party by formation of separate group is permitted, but the defection of a individual legislature is prohibited under the Act. This is a very strange that if you commit the murder of democracy with impunity under the garb of the split in political party, you will be punished but the infliction of the injury on political party is punishable with the disqualification of the membership of the legislature; if the legislature has acted according to his conscience by supporting the resolution of confidence or no confidence. The question which arise in the mind of individual citizen that whether while exercising his adult franchise in the election, he chooses an individual candidate or political party to come into power and it the political party is voted to the power why the individual is permissible to play the vital role in the formation of the legislation. There are other questions regarding the sanctity of the whip enforced by the individual party is a democratic trend or it leads to an anarchy or an oligarchy. Thus the Parliamentarian system of the governance by the political party appears to be undemocratic on its face value.
The supply of the essential commodity like food water electricity and other resources should be provided without interruption and for such crisis there is the vicarious liability of the state government. Thus it is for the state government to adopt the suitable measurement for providing such commodity and simultaneously to dealt with the person / employee working under them by awarding suitable punishment if they may cause such disruption. The outcome of the agriculture production are the assets of the nation. There is the check and balance in respect of determination of the prices of the food products. However despite being regulated by the government policy, there has been an apathy with the problems of the farmers. Since the entire land is vested with the state government ,it is the duty reciprocal upon the state to provide the improvement in the soil for better productivity. There are many defects in the present system of agriculture system and till the government may not be held responsible for cultivation soil conservation and for providing the fertility , nothing can be improved by merely the slogans . Unfortunately there are the instances of the arrests a poor farmer when he finds himself unable to fulfil the contractual liability by repairment of the debt which he had taken for proving irrigation, cultivation and production of his agriculture land. Whether the government is justified for keeping privilege orientation and simultaneously putting the farmers inside the jail on account of there failure to repay the loan due to some natural calamity. Every sort of incentive by providing the financial assistance to the needy people is of no avail , if the son of the soil may undergone a treatment of discrimination and arbitrariness by committing atrocities upon them.
The universal declaration of the human right is nothing but a misnomer in India . There is neither a human being who is born free and having equal dignity and rights as are being enjoyed by few opportunists. There cannot be an endeavour in the spirit of brotherhood. Our country has got the race prejudice which is dependent not only on the basis of the colour, sex , language but on the basis of caste affiliation. Here is no security of the person and everyone is subjected to be ruled by the law enforcing agents either in slavery or in servitude. People are subjected to torture and to get degrading treatment by another fellow citizen whoever is enjoying the power. The right to an effective remedy is totally collapsed by the pressure of the work. In such situation, how the courts which are considered to be sentinel in the quivive may enjoy the protection of the rule of law in the society. Success lies upon the effective measures to eradicate root an branches of all evils. It is been considered that now the arms of the law are not long enough to mould the law . According to the need of the people. The law enforcement agencies are mainly adopting the coercive power by providing a torture and they are seldom not concerned with their duty. Thus a clear imperative by proper planning ,constant counselling and persuasion are the appropriate mean rather abrupt and spontaneous method. There is a need to provide some incidental and ancillary powers to the courts for adopting new device, new methods and new strategy in securing the justice to the people.
Necessary amendments are required to be done in our constitution by expanding the scope of Article 226 and 227 of the constitution of India.The judicial verdict may be regarded as the foundation and the third pillar of the democracy which may have some foundation on the basis of the public opinion. If the people may start their trust in such system then no one can save it from the ultimate collapse thus every procedural law which is providing a barrier for effective adjudication of a dispute must be wiped out from its inherent impediment. The process of judicial proceeding are in itself cumbersome and exhausting. There are huge investment in the process of final verdict . Thus a system is required to be develop in which the person may feel confident. This is not a system which is purely dependent upon the gambit or like a profound gambler but on the other hand it may require to win the trust amongst the people. If the litigant consider it as a chance verdict for which a huge investment may require then for him it may become as a Hobson’s choice.
Unfortunately the mutation proceedings for providing the name being recorded ion the revenue record and on the basis of which every transaction is dependent are still being considered as the summary proceeding which are collateral piece of evidence for the purpose of realisation of the compensation in the land acquisition and for proving the possession . who bothers for title and it is seldom found easier to fabricate a negotiable instrument and document for raising a dispute and there by to obtain an injunction even amazed the state government to cultivate a right over such land. Thus it has become a compulsive gambler to an innocent citizen either to surrender his rights of ownership or he may adopt a course of criminal nature to settle dispute. Thus if the accountability and responsibility of the wrong doer may not be fixed by the present judicial system the foundation which are based for the peaceful assimilating of the superior command may gradually be vanished from the scene of our present judicial set-up. The concept of tortuous liability has yet not been evolved for providing the damage to the victim of the wrong. In absence of such responsibility there is neither the requirement which has been visualised by the higher judiciary to have the proper and effective control over the subordinate judicial officer. Power of judicial review is coupled with the power to scrutinise as to whether the judicial authority entrusted with the power to hold enquiry was vested with the jurisdiction, power and authority to reach a definite conclusion which has been arrived by such judicial officer in delivering a judgement .The legal proposition based on such supervisory jurisdiction is coupled with the fact as to whether an abuse of the discretion may not be viewed by its magnitude and its gravity of the said misconduct, may not be sufficient for disciplinary action. Such power may be exercised in exceptional cases but atleast there may be some fear in the minds of the judicial officer to conduct its functioning as the confidence of the litigant public may not be shaken by the lack of integrity and character of the judicial officer by providing the suffering to an innocent person and also to maintain the discipline in the judicial service. Unfortunately we have lost our sight from this basic requirement, which is necessary to maintain the rule of law .
The government has a sovereign function which includes the right to impose tax. Seldom , people ask that why they should be held responsible for the payment of the tax . The reason for their declination to fulfil such a responsibility is basically two folds; Firstly, the public money is mis-utilised by the bureaucrats and other politicians, who are holding the public office as the custodian of the trust of the people. Secondly, the money which is realised as the tax is occasionally mis-utilised for the political consideration which is contrary to the object and being invested for extraneous consideration. The tax payer has a right on the public exchequer as it may not be hired at the convenience of the politician. In absence of an institution like that of Ombudsman which is known as Lok -Aayukt where the people may lodge a complaint against the dishonest and corrupt officials. This is due to the reason that in India , we have lack of sense of duty and dedication to public service and a reluctance to confirm one’s own behaviour to the accepted norm of honesty and probity in public life. Illiteracy reigns supreme in India. A complete absence of enlightened public opinion is prevalent which is necessary to make such Institutions work. A persistent tendency to subordinate national interest to the personal interest accompanied by an Individual his inordinate love for chair , power and money is evident in our country. Thus in absence of a superior command we may seldom get a man, who by his own nature may be indulged for the welfare of the people. This is only the fear which may keep a person in order . The judicial system which was initially meant for rectification of the mistake of the subordinate judicial officer , is seldom found in itself being indulged into its own mistake . The litigation is now being filed nearly as a clock for attaining private ends and as such the court must be careful to weigh conflicting interest of the other side. The consequent delay in disposal of the cases is seldom visualised the shortage of the water supply for the agriculture irrigation facility, shortage in electric supply ,obstructing industrial development and for the construction of the road and irrigation canal by entertaining the petition on the plea of malafide or by levelling the allegation for collateral purpose against the land acquisition proceedings. Thus there may be reimbursement of cost of escalation resulting from such delay to the public or to the affected party , in case such litigation which has started for extraneous consideration ultimately fails.
Religion is politics ; and the politics is the brotherhood ( William Blake ). Thus the politics is an essential branch of the art of promoting the human welfare and happiness but it was never considered to be an art of obtaining power, which may turn as demagogy. Every action has three basic requirement for its objective , i.e Desire , Emotion and Knowledge. In absence of any of the three basic ingredients to be adhere prior to the implementation of a policy, we may have the utter failure in every efforts. Thus the country is also bound to collapse on every front, if there is the absence of the knowledge amongst our politicians. Every basic thrust is secondary for the utilisation. If we consider money as the paramount consideration for attaining the political power , the custodian of the public trust shall automatically purged with the illusion of hypothetical superiority and nothing shall remain to provide a contribution towards the welfare of the citizen. The necessity of the money is to achieve the basic requirement otherwise the accumulation of it in itself become a corruption. The similar sentiments may be attributed towards power and sex desire which has its reservoir in the emotional psychological sphere but if it is unchecked it may result in disastrous for the society. Thus if we are inherently incapable to decide, what is required for our existence , there is a need for sanction and the punitive measurement, if one may side track from the basic requirement unfortunately despite our inherent capability to improve in a span of last 50 years after being ruled by the alien power, we have yet not evolved an effective system. This is the reason of our political disaster.
Oligarchy, a system in which ultimate power is confined to a section of the community; the rich to the exclusion of the poor, aristocrats to the exclusion of plebeians, opportunists to the exclusion of benevolence , reservation to the exclusion of efficiency, males to the exclusion of females ,is an absolute monarchy in our nation. This system is based on the ethics of gaining more advantage of than of that of the rest of the community. The power rests on public opinion and if we diversify our intention for the lesser important factors, the prominent amongst them may be crucified. This was the approach of our political master to rule the nation after getting independence . In the present context of the political set-up of the country having certain global phenomenon regarding involvement of the politician at large in the nefarious activities by gaining undue prominence without any moral obligation towards the citizens to protect their human rights , there should be the persistent efforts of the people for participating into political sphere as the article of perpetuating corruption by mediocrity and thereby earning enormous money and power to be restricted for which the person willing to sacrifice their future for the betterment of the human rights of the public may come forward . The choice of the people in political arena for launching any political party into the power is just like of patting the snake or Cobra . Destiny is the result of consequences reflecting through individuals action. An urge may lead to big surge . Hell and heaven both exists in a society only the truth remains without any virtue , not with any voice. It is said that where the science ends , religion begins ; where the religion ends spiritualism starts ; where the spiritualism ends , a reality survives. These are the realities of the life in the process of evolution . the creative acts of the genius are always remain the subject matter of criticism as they are usually confronted with optionally stupidity of other fellow citizens. There is a delicate balance between public duty and personal honour . The numerical majority leads to the destruction of benevolent leadership . The human progress do not originate in the composite brains , but it is by the wisdom of the individual personality . Thus in the search of the better human rights provided to its citizens , there is necessarily some impediments in process of evolution and advancement of society because the protection is at large in favour of those citizens who are involved through their activities towards their towards destructive approach for advancement of the society , which is detrimental to the interest of the superior in command . Still there may not be any compromise with the human rights conferred upon an individual.
Society is becoming more complicated. The democracy brings with it evils of its own system . It is difficult to search a really devotes person amongst the majority. Psychological reconciliation amongst fellow citizens to utilise every potential energy and to maintain co-ordination between fellow citizens. Civilisation begins in order , grows with liberty and ultimately perish in chaos , civil liberty are better and save as long as its enforcement do not bother others existence . Administrative system and judicial institutions are considered for vacillation of the There is always a conflict between opinion and rivalry of the interest. Time has come to expose the falsehood and fallacies through discussions in order to avert its global devolution. The remedy is speech, not enforced silence. The ship of progress is equipped with moral strength. We cannot remain silent spectator by observing the gradual disintegration of every institution in a democratic society. However , our potential will prove the power to save them and to resist against evil disasters . There is no steady advance towards higher condition of progress. The opinion persists to subordinate personal interest to social interest as the vested interest are always motivated to usurp power through any means even at the cost of its own interest. Sincerity is now slave of destructive activities and human rights are passing through the state of psychological retardation. Attitude of the public is mainly consist of denouncing the receptive norms. Moral damage is more terrible.purposes.
The individual human rights enforcement is inadequately persists and thus the existing remedies are required to fresh appraisal. The entire fabric of the society is scattered and shattered , which is existing with galloping corruption. The proper assessment of legal and social condition is essential. Reason obeys itself while ignorance submits to whatever is dictated to it . Freedom does not mean abuse nor liberty is a license . The survival of the human rights and individual freedom requires obedience, endeavour, honesty , truthfulness, sacrifice , discipline and character . Implementation of the strong idea requires steadfast wisdom. Such idea should burst every chain , which tends to paralyse its efforts to push forward. Most of the people tends to see nothing nor inclined to observe. They do not take the notice of evil consequences as the simplest and the cheapest attitude is apathy. The ensuring success is mostly understood at the beginning due to strong contrast of public opinion.
There is one prominent factor in representative government that it is not ruled by the minority through the brute forces and may again lead to us for a slavery. Thus it is seldom considered that let the advancement of the people may suffer by other radical factors , but at least we are not leading for the unpleasant slavery and subordination at the hands of a foreign ruler. Thus we have to search the new method, strategy, accountability and responsibility in the present political system of a representative government. Every art and every enquiry and similarly every action and pursuit is thought to aim for welfare of the people and thus all things depends upon them to find as better end .
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 visualized 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-honored 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 behavior 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 organized 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. A RESEARCH PAPER BASED UPON THE THESIS OF- Dr. Ashok Saxena,MANAS PRAKASHAN , 121, Manas Nagar, Shaganj, Agra E-mail ; mail2ashoksaxena@yahoo.com
On the basis of research work of Dr. Ashok Saxena article composed by his Brother
YOGESH KUMAR SAXENA
ADVOCATE, HIGH COURT
EX.VICE- PRESIDENT, ADVOCATE’S ASSOCIATION
Vice President of Hind Kishan Sang than
President(legal cell) Akhil Bhartiya Kayastha Mahashabha
Phone 9415284843, 9792131584, 7800888892, 9451181638
E mail yogrekha@yahoo.co.in/ yogrekha@rediffmail.com
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