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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