Monday, January 27, 2014

Ignorance is the first step which inclines an individual to learn Wisdom



          Intelligent syndrome is a process developed on the psychological regime of the mental sphere which gradually takes over the command to have the illusion perception of the individual identity with extreme self centered egoistic characteristics generated of knowing everything resulting in extinction of the learning process. Society is not receptive to this phenomena and express blandishment. Ignorance is the first step which inclines an individual to learn and the learning process is the actual beginning of the wisdom. Unfortunately the individualistic trend of the politician ruling upon the rest of the people is the by product of the parliamentarian democracy having representation of the people in the representative so elected by the people at large, but when the election process starts a fresh then the politician become liberal in his outlook and appeasement of the electoral college becomes the crucial factor. Gradually after coming to the power, the politicians may start thinking that since the citizens are having their greed for accumulation, lust for pacifying the carnal desire and to control the power thereby as no one can dare to point out the integrity vested in them. Thus the parliament become  an association of the group of the individuals having hypothetical illusionary perception regarding their superiority and thereby to undermine the sentiments of the citizens being the representative there of and once the individual so elected to parliament may proclaim his right to stay but the people denounced them in the next election.
                        The  new concept generated as the “right to reject” has been given effect by processual  decision making procedure as enshrined in the right of expression had been cultivated by the supreme court as the people were having the limited scope as to choose between the cobra and viper . In both the situation, they will elect to the snake. The venom sting spread upon their biting to generate power in toxicities may ruin the society by having the devastation to the resources of the nation and on one hand and curtailment of the opportunity available for their welfare to the stage of abrogation and subjugation to their existence . Thus simply by the change through the electoral process in our parliamentarian democracy, we cannot achieve any purpose and provide an atmosphere for the welfare of the people till the government ceases to remain in existence.” We, the people” are of the sovereign of the sovereignty vested in the governance. The question arises as to whether the government is empowered to commit the wrong and the judicial review is permissible fro rectification of such a wrong  under the dominion of the judiciary.
                              Sometime the people poses a question to me directly or indirectly as to why the writs of certiorari, Mandamus, Habeas Corpus, Direction and quo warranto are meant upon to rectify the wrong committed by the government upon the citizen in exercise of the power of judicial Review challenging the order, action and the competency in relation to the genesis of the certain law to the ambit of the safeguard provided in our constitution. Any law which violates the basic structure of the constitution or the provision incorporated under chapter III –Fundamental Rights may be declared ultra virus. Thus according to the logical perception, power of judicial review of the legislative competence should have been exercised by the parliament.
                                In case of the infraction done by the steering committee, which  has the control over the parliamentarian proceedings, if the power the judicial review in given to the steering committee, the people opinions should have been taken effect thereof instead of relegating the matter under the judicial process. Since the basic structure of our constitution is the procedure established under law, the decision making process of such an institution is based upon procedure established under law, the citizen of India are not required to knock the door of justice for setting aside   the act of parliament as the foreign power is still not governing to us which the Britishers have cultivated just to make the citizen under the slave orientation.
                         The judicial review of the administrative action of the government servant upon their subordinates may not be further required to get the judicial review of the same by the constitution courts is further stigma upon the government as why the superior authority may be allowed to pass a wrong order which is the subject matter of challenge before the constitutional court. Where the power is conferred to achieve a purpose, the power may be exercised to effectuate the rule of law otherwise the same will tantamount   a colourable exercise of power rather a fraud on power and exercise of such power are the misconduct in one and the another, why the wrong doer with ulterior consideration may not be subjected to the disciplinary inquiry instead of compelling the person effected to resort for the remedy for the redressal of his grievances before the court of law.
                             For the purposes of having a complete picture of the situation under the perception of the scrupulous regard towards the truthfulment of its contents ,the citizens are required to become conversant regarding the critical defects of Indian Constitution as the Supreme Court Judge Krishna Iyer in generous  choice of the words has written “Beginning of the end” in which the expression given there under “Our Independence, dignity, autonomy are in peril ; fought is in between Indian billions Vs Authoritarian executive”. Corruption is free. India is in custody. As a free Indian I demand your Excellency the Chief Justice of India to liberate Bhaarat and make fundamental freedom truly free and not at the mercy of high executive. Shri S Ramachandra Roy book “Indian Constitution: Has it failed or Have we failed”: “the constitution failed to anticipate the present colossal correct situation , which is to say at the least, stinking to high heavens, and it did not provide any mechanism to tackle these grave correct contingencies, which are now universally spread at all levels, be them political or official”. “If the contagious corruption is not curled the entire constitutional machinery, democratic system of India and future prosperity and development, would become a mere myth and mirage. The constitution never anticipated political corruption of this magnitude and it failed even to comprehend this debacle in political and official values. Ironically there is no provision in our constitution for correcting or curbing corruption”. Help to save India i.e. Bharat   from destruction and annihilation.
                               Corruption is simple to define, but difficult to explain. Corruption is easy to understand, but difficult to analyze the mechanism of its working inside an iron curtain only  by tearing the Veil. We have come to this stage in this country, where everything has to be monitored, hammered or directed by the constitutional courts. The question arises as to whether the constitution of India is helping the corrupt people of India. Corruption means the misuse of office or private gain. Where the officials have a monopoly power over a good or service , unlimited discretion in deciding who gets that good or service or how much they get, where there is no accountability where  the representatives in power by others then people i. e. by politicians   can see what that person is deciding, due to conflict of interests in one way or other, we may call it the sources of corruption .
                          The executive power from the bureaucrats has been snatched by the parliamentarian democracy under the grab of power vested by our constitution. Executive cannot even think of starting an investigation against the ruling coalition government ruled by the low mentality of the corrupt politician. Such monopoly power controlled by the ruling party is making the prime Minister nothing but a agent of the national advisory council. Company’s director and government higher bureaucrats will march on leave during investigation by the central agency and avoid interference for there possible conviction .There is no for feature of the money earned through corruption even after the conviction of the minister by the due process under law. Time limit and loss of the power may also change the face of the politics.
                             In the famous book written by the Justice HR Khanna of supreme Court titled as “Neither Roses; Nor Flower” has expressed the anguishment of the great judge who delivered the minority judgement against the MISA detention in ADM Jabalpur case where in his lordship declared that even if the fundamental rights are curtailed during emergency, the executive and the parliamentarian would have no right to have the preventive detention of an individual as the life and personal liberty are promulgated from the common law. The police cannot commit the murder of the suspected accused person and if it does so the accused committing murder ,even if he had been given license to kill during curfew shall be prosecuted like an ordinary criminal as the power of killing just to wreck the vengeance had not been given during the emergency period to the Central Government . Most of the people are not aware as to what happened thereafter to Justice HR Khanna. The aforesaid book reveals that his brother colleague has refused to get conversation with Justice HR Khanna and he had to leave his residential accommodation and the children were restricted from the college otherwise Shrimati Indira Gandhi would have curtailed such a institutions from grant in aid institution.
                              The other aspect of the corruption  on which justice Khanna was  inducted and made commission inquiry to submit report regarding the deplorable material used by then Chief Minister Biju Patnaik who assigned the responsibility for construction of Pradeep airport to the contractors who were kith and kins of the chief minister  , the material used on the airport was of the very low inferior quality and about many  charges were leveled against then chief minister for earning profit during his tenure from 1962 -1967. Justice Khanna inquired from the lawyer representing to the Chief Minister as to what has to be done regarding the charges of the corruption , the lawyer representing to Chief minister had accepted all the charges but in the second sentence he said that the commission of Justice HR Khanna could not do anything against his client Chief Minister on account of the tenure is over from 1962-1967 and his client has been re inducted as the Chief Minister as the people like corruption and not your commission of inquiry . Even otherwise the recommendation of the commission inquiry are only to the extent of sending recommendation to the government for prosecution and not the prosecution itself . How does the corruption could have been ended?.  
                          In ‘Maha Bharat’, when Draupadi was stripped the King’s court watched without uttering a single word. Now this country is raped by corrupt leaders .The people trying to expose corruption of people at the top are risking there live. In Sanskrit there is a saying “Vajram, Vajrena,   Bhidyate” which means ‘to cut a diamond, you need a diamond’ .In order to indict a culpable PM or President Committees of ordinary citizens and bills do not help. What is really needed is equally powerful person. Unless and until the stakes are high for the people at top nothing will happen.
                  Saving the ex-PM is not an important issue for them because a person with a tainted image will do more harm than good for their election The reason can be many .The party leaders and members know that their support may cost them the next election .That is where and how the corrupt chain needs to be broken .The only time P.M.  Would take these complaints seriously when he realizes that the next PM will be someone else and he may initiate investigations against him or his cabinet members.
                      

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