India having influx of spirituality,
rolling reverse like ocean, snow carpets and greens forest with the doctrines
of immorality of soul the existence of supervising God as highest. The undying
vigor and indestructible life is passing through the greed of corruption
necatism and invasion with in itself a chaos confusion murdering fellow citizen
just to satisfied the carnal desire has become the seenarrow to the masses . The problem in absence of
national integration and loyalty of the citizen has become more complicated,
more momentous due to diversification of the different, many segmentation of
race hatred religion phantasm geographical and linguistic division. India is a
country of Aryans Dravidian Tartar Turk Mogul and European with wonderful
conglomeration of language and due to such differentiation, one in enjoying the
ruling upon the exploitation of others.
The raise difficulty, social
difficulties are hindrance in unifine
power of integration , the body
of individual is degraded by the disease of lower vitality and its germ have
entered and thrive in multiplicity . It is viragos. Thus we must go to the rout
of the disease and cleanse the blood of all impurities. Our regeneration of
national mind in the knife current will only annihilation for political and
social impairment, to which spirituality can transform the good effect by self
incarnation.
We are borrowed a system alien to
its governance, a system, the foundation of which are based upon the division
the effort, masses, opportunities and wisdom, Can we expect any change without
sacrificing our privilege which are enthuses to the fraternity of any
individual citizen. The Gap between individual is wisdom due to non performance
of the dirty while the custodian of the power and diversification of objective
of the survival . we will have strong co-ordination with efficient
administration. May not be carved out in the process of living, no change in
the present situation may be anticipated. We fought our struggle for
independence on the noble ideals of spectacle awaking but gradually by the
process of the time, we have shown our characteristic that we are the hard of
the animals who may require external subjection. It is the fear of loss of the
power which make the individual more corrupt as to accumulate the well
disproportionate to his a potential thus the sprit of the hoarding is directly
reheated with the absolute power. Our tradition have soon that the ruler may
not enjoy the privilege for living inside the palace but he may control the
decorated identify of the king by living inside the hut like the sage. Where
has gone this concept of ruling by Chanakya over Chandragupta Maurya . The king
was not allowed to marry a girl of his choice but the national interest was
discarded Sita from the leaving inside the palace when she is the existence of
those day philosophy propriety scarifies and sincerity toward the nation.
The dawn of independence has been
the gradual relaxation on the radical innovation of having the plea of status Que. being ulcerated in the process of
judicial approach . The dawn trodden class of citizen have started
representation without even filing the complaint out the redressal of their
grievances from the highest court of our country in the format of public
interest litigation /so action litigation. What happened after the retirement
of Justice V. K. Krishna Ayyar, Justice H. R. Khanna, Justice P.N. Bhagwati and
Justice Kuldeep Singh, where are the existence of the remembrance to generating
the impression of the gratitude’s shown by the last British Chief Justice
Justice Mutham tendering apology in the open Court before the …………… as his
lordship was not accustomed with the
bearing/ putting of the / garment on his
head/headgear/ Cap inside the Court Room, which was actually for paying the
respect to the temple of the court and judicial system therein.
The religion is fight quit apparent
which fourthly the belief that it is
only the fear psychosis in which the nature of an individual may be molded with
discipline .The process of elevation of the judges to the Hon’ble High Court
and the Hon’ble Supreme Court become an hierarchy of the succession . The
individual who has never undergone the struggle for existence and the survival
for whom was not the matter of the chance of beginning the san of a judge or a
prominent lawyer, does not know the dimension of the pain suffered by the
individual advocate in presenting a case and in exposing the cause of the
litigant , thus this hierarchy based upon the inheritance of the professional acumenship is detrimental in the interest of
the judicial institution which is founded on conscience and sensitivity. How
many judges are working by taking the pain in the process of carving out the
relief to the litigant or we have adopted a system in judicial discipline which
is based on authenticity and personal prejudice due to the inferiority complex
derivable in the individual immediately after being alleviated as the Judge of
the High Court .The individual who has not worked with delegations may never
amendable to the listing of the individuals Advocates having more potential
than that of the judge presiding over the Court . It is the cause of the
litigant which should have give the due prominence, respect and adjudication of
his cause must be done with sincerity not in casual manner as the litigants
cause is supreme inside the court of law.
"0 perpetual revolution of configured stars,
0 perpetual recurrence of determined seasons,
0 world of spring and autumn, birth and dying!
The endless cycle of idea and action,
Endless invention, endless experiment".
Corruption in the name of Mahatma
Gandhi is a justifiable excuse?.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, Whether
Mr. Pranab Mukherjee, Co-chair Mr.Shanti Bhushan deliberations and
consultations who formed the IAC and the NCPRI discussions remained suspended
the demand for the setting up of a Joint Drafting Committee for a Lokpal bill.
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’. As supporters of Anna Hazare and his fight against
corruption, we know that Anna and his version of the Jan Lokpal
Bill are our only hope. Many of us were at the protest rallies and many of
us wished we could be there. Work and life held us back from coming out and
showing our support for Anna. 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 Mr. Pranab Mukherjee, co-chair
Mr.Shanti Bhushan gestures and symbolic assent – two man took on the
corrupt machinery of the government who are themselves corrupt in public life
with deliberations and consultations With a vow to make India Corruption Free,
Anna Hazare and his team of civil society activists have garnered support from
all sections of society. has prepared an approach paper in
consultations and discussion the logical end of a large middle class
mobilization on corruption on NCPRI’s (National Campaign for People’s Right to
Information) involvement with legislation to deal with corruption and arbitrary
use of power, began with the demand for an RTI law in 1996. The Lokpal an
interesting trajectory was flagged as a law that needed to be taken up along
with the Whistle Blowers Bill to address the killing of RTI activists and
establish accountability. 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 .
Mr Subash Chandra Bose was elected as
president Congress by defeating Mr Pattavi Sita
Ramaya a nominated candidate of Mahatma Gandhi. Mr Nehru and his other
associates become very perturbed by the
victory of Netaji. Thus the conspiracy
was fetched to remove him from power. It
was declared that the victory of Netaji was personal defeat of Mahatma
Gandhi. The lobby associated with Mr
Nehru lead by Mr Govind Ballabh Pant resolved on 3rd March 1939 that Netaji
will not be empowered to choose his nominated member, but those having
solidarity in Mahatma Gandhi will be the nominated member of Congress working
committee, there was such humiliation to
Netaji that he was to submit his
resignation from president’s post in order to protect his dignity and self
respect and there after he constituted the forward block. There was general feeling among the Muslim
fundamentalists including Mr Zinnah that in this manner nobody will allow be
allowed to share in power and it has lead
to the adoption of Pakistan resolution in Lahore in 1940. Thus the ousting of
Netaji Subhas Chandra Bose as the
president of Congress by the diplomacy of Jawahar Lal Nehru and is other associates has
ultimately led to the creation of Pakistan to the greater extent. This was the fraud with the people. Muslim league supremo Mohd.Ali Zinnah ring
from tuberculosis and he could have survived only for six months on the eve of
partition of our country in 1947. The
celebrated writers namely the Larry Collins and Dominique Lappire have found Mr
Zinnah as unyielding obstacle to Lord Mountbatten and the basic cause behind
his obstinacy was the excessive greed of congress leaders to remain in power,
if there was no partition India may be the most innovative national philosophy
to have emerged in the post independence period. India was having attitude if we were equipped
with the problem and there was unique solution, if the kids of the present
generation were sharing global dream of
Indian continent, who ever may be the responsible for the partition of the
country, but certainly these ambitions have played the role of a traitor inside
of our country and the present generation may not forgive them.
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