OUR PARLIMANTARIAN DEMOCRACY AN ASSESSMENT OF PREVAILING MALADIES IN ITS RETROSPECT AND PROSPECT

OUR PARLIMANTARIAN DEMOCRACY  AN  ASSESSMENT

OF  PREVAILING  MALADIES  IN   ITS RETROSPECT AND PROSPECT

Rampant corruption is ascending in an alarming proportion towards the peak of the climax and so far its galloping race could not be halting even through thousand of acts and ordinance have beer assassinated. This picture of disharmony in the epic  of progress  never imperiled the fundamental of duty and obedience which is the basis of social discipline A disaster chaos confusion and penetration of hatred between reaction of citizen murdering the fellow bring in brutal manner destroying their property and even looting them just for satisfying their carnal desire have emerged into society.

Illiteracy reigns with a complete absence of enlightened opinion which develops persistent to subordinate National interest to personal interest. Political parties motivated with vested interest dance to usurp power through any means fair or foul even at the cost of national interest. Party system has pushed to advance its own schemes upon the ruin of the rest. These are same, who are wedded to rest out corruption from public life, of course, their view looks very sound in the interest of the country but its implementation is not easy in the light that mostly these who are entrusted with such pious job to eliminate corruption, are themselves corrupt .We are now slaves of destructive elements and foreign ambitions. The human being is said to be in a state of psychological retardation’s with the result that they act in nefarious activity with impurity. Actually fear of loss of power makes the individual corrupt, not the power as such.

The robbers have generally plundered the rich, but the Government got generally use to plunder the poor person and protect those rich person who assist them in nefarious and criminal activities. However the robbers have risked their life while going such crime while Government risks nothing and base their activities on deception. The present set up had opened a channel of evils which has certainly increased the steam of mal-administration. The main reason for this cancer, which is spreading like a wild fire is due to steep depression in standard of morality and lack of efficiency and corruption amounting to arbitrariness in its public services which an not be tackled through normal methods of accountability and central. National character is the basis nexus of any set up and in absence of it, the system is simply an anarchy. Such system without education is hypocrisy and nefarious king of government because it pre- suppose for personal responsibility that too often is neglected and as such it becomes more authoritative.

Slogans do not solve the problems rather complicate them very deep. We have adopted an idea of welfare state but after several items of experience we bound it extremely difficult to achieve its successful working in our country. The attitude of general public, where criticism mainly consists of denouncing the receptive norms would be recorded to it, obviously become doubtful and it provides an excuse for tyranny and mal-administration which has degenerated the national character. Through and proper assessment of legal, political and social condition is essential. The proper approach should be such as to neither demoralize the administration nor leave the citizen without adequate redressal. It is a delicate balancing. The greater the power given to executive, the greater the need to safeguard the citizen from their arbitrary and unfair exercise. Moral damage is more terrible, in aggressive Government is more to be roared than a tiger.

Reason obeys itself while ignorance submitted whatever is dictated to it. Freedom does not mean abuse or liberty for license. Emancipation’s from individual fear is the real condition of knowledge. It is hard to fight for ones desire whatever it wishes to get, it is purchased at the cost of soul. Freedom requires obedience, endeavor, honesty, truthfulness, sacrifice, discipline and character. The heart has its reasons in every individual which reasons do not understand. Therefore a National character is essential.

Experimentation is needed for implementation of schemes to propose the system of administration of justice and law which may suit to our system. Society is becoming more complicated to serve the purpose properly because legal justice has a system which is complex and complicated. The law to a certain extend brings with it evils of its own. The principle of natural justice for enforcement in the process of advancement of administration of law and justice is only useful if it is embodied with positive morality. Similarly the state, through the media of legislature and courts of law, has failed to achieve the objective to enforce implementation of justice.

Civil litigation through the court of law compel in criminal proceedings, the accused is punished for his being failed to perform such obligation towards society and duty in respect of individual. There are also the instances where public wrongs are remedied through civil proceedings and likewise private wrongs are punished in criminal court. Some acts may be both civil wrong as well as a crime e.g. a thief may be punished for the offence of theft and an the some time may be forced to restore the stolen property to be real owner. There are certain cases where the enforcement of violated rights are impossible.

The proper punishment for such offence is to deprive the accuse involved in such offences from their the victim or to the dependent of such deceased as the case may be. Every private wrong and refusal to discharge such obligations towards society must be dealt with criminal proceeding. Preventive measurements may be implemented even with a slight provocation of certain rights.

Punishment is before all things deterrent and therefore the commission of such offence should be made equivalent to “A Bad Bargain for the Offender”. Punishment should not meant to prevent criminal but to make such punishment an example to the peoples having criminal tendencies as they may not dare to go for it. Deterring the people from breaking the law may protect the society.

“Penalty keeps the people under control, penalty protects them, penalty remains awaken when people are asleep. People are in check by punishment, for it is difficult to find a man who by nature sticks to the path of virtue”.

It is true that simultaneously however preventive punishment has some time have undesirable affect. It may harden the first offender or the innocent criminals who may have committed a crime under certain circumstances which might have never occur again in future and by putting them such criminals in association of hardened criminals, may not procure the desirable results. Therefore in awarding punishment the character and age of offender his breeding, education, environment and circumstances should have been taken into consideration under which crime was committed. The reformative system of punishment must not allowed to assume undue prominence. The emphasis should now be put on the circumstance which might have been responsible for commission of crime, wisdom and the call of humanity no doubt alike suggest that it, consistently with such primary objective the reformation of criminal can be brought about, no means should be emitted by which such desirable objective can be achieved. Therefore even the subsidiary purpose of penal discipline may be kept in the subordination to its primary and principal objective. In certain circumstances the person with whom wrong crime is committed may be allowed to take his revenge or to get adequate compensation from wrong door. The punishment must be inflicted for the role objective keeping in mind that the offender has committed a crime to some individual. Punishment should be imposed in order to avoid the danger of private vengeance. Let the debt be paid and wrong be expiated. We must not divorce the action of offender from his personality. It is better to prevent crimes, then to punish them because crime is a product of social excess. Frivolous litigation should be ironically dealt with by awarding the monetary benefit through exemplary penalty so that valuable time be compensated in term of money.