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

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.