Even after 67 years of Independence, we are ignoring the
statement made on 2nd September 1953 in the Parliament by Dr. B. R. Ambedkar
himself, that: "People
always keep on saying to me, so you are the maker of the Constitution. My
answer is I was a hack. What I was asked to, I did much against my will. I am
quite prepared to say that I shall be the first person to burn it. It does not
suit anybody."
India is a democratic country. Democracy means “Rule of Law”, governed by the
people, for the people and through the people. Rule of Law means a system,
which shall ensure that: (i) no one, whoever he may be, is above the law;
(ii) transparent and good governance; (iii) corruption free accountable
bureaucracy; and (iv) Guaranteed expeditious remedies.
This is an admitted fact that the major part of the Constitution of India is
prepared basing upon the Government of India Act, 1935. Article 147 of the
Constitution of India provides that “In this Chapter and in Chapter V of Part
VI, references to any substantial question of law as to the interpretation of
this Constitution shall be construed as including references to any substantial
question of law as to the interpretation of the Government of India Act, 1935
(including any enactment amending or supplementing that Act), or any Order in
Council or Order made there under, or of the Indian Independence Act, 1947, or
of any order made there under.” The aforesaid provisions has laid downs the conditions upon the
Supreme Court and High Courts not to interpret anything beyond the scope of the
interpretation of the Government of India Act, 1935. The Government of India
Act, 1935 was enacted by the British parliament, so amendment in it, obviously
can be made by the British Parliament only, which means Article 147 is imposing
a condition upon the Indian Judiciary to recognise any subsequent amendment, if
passed by the British Parliament, thus virtually the sovereignty of Indian
Judiciary with regards to interpretations are concerned, was tagged with the
right of the British Parliament to amend the said Act. On the other hand
provision does not provide any provision for amendment in Indian Independence
Act 1947. The word “Council” is denotes to British Privy Council. Otherwise
what is justification in Judgments pronounced by the Constitutional Bench of
the Supreme Court based on references from the Judgments of the British Privy
Council. Government of India has
respected the conditions with several British Companies to run their
monopolistic Business in India, on the terms and conditions applicable prior to
15th August 1947. There was a conditionality that the British
Administrative system will continue at least for 50 years. This date expires on
15th August 1997. This is a matter of the fact that on the said very
day i.e. 15th August 1997 the then Prime Minister of India Shri
Inder Kumar Gujral announced from the Red Fort that about 3,000 Laws are become
ineffective and defunct and would be removed. In fact, in 1942, British
Government, through Crisp Mission, submitted its proposal for transfer of
powers to Indians, which was refused outright by the people -just before they had given a call for quite India-, as because any
proposal less than total freedom in the garb of the transfer of Powers was not
acceptable to India. In fact, in 1942. An agreement was arises and emerges from
such proposal, thus Interim Government headed by Shri Jawaharlal Nehru, as the
prime Minister was formed. As per agreement in accordance with the said Cabinet
Mission proposals, in or about July 1946 the Constituent Assembly was
constituted through elections based on Religious Electoral Constituencies. On 6th
December 1946 the Constituent Assembly started its function. In accordance with
the Cabinet Mission proposals the Constitution of India is prepared basing upon
the Government of India Act 1935, for undivided India. But, under the British
diplomacy, subsequently division of India was declared in June 1947, though
this was not the part of the Cabinet Mission proposal of 1946. The reason and
objective behind his appointment was very clear that he was aware of the
mindset and value of the opposition from people or their true representatives. .
As a result the proposal of the Cabinet Mission was got approved directly from
the Congress Working Committee, without prior consultation with or knowledge
of the people representing Bharat varsh.
When Indian Parliament on the night of 15th August 1997, celebrated
50 years of so-called Freedom, British Queen Elizabeth was the main guest. Why
was not Head of any other country? All Acts, enacted since (1860) 1861 including the
Government of India Act 1935 were enacted in the name of reforms, but the basic
object of the British Government behind enactment of such laws were to divide
Indians to Rule India. It means People’s
governance for the People and by the People. But, see how far this logic is
working or workable in practical life and what are the experiences of the
common men? In any democracy Parliament must be the highest democratic
Platform. The Parliament’s first and foremost function should be to develop,
improve, and enhance the good governance system, which can ensure good
Governance at each and every level. But, what we are looking today is that the
Indian Parliament is not serious at all to it’s such objective. The people of
India may feel that the Political parties are responsible for such situation.
But, according to me really they are not responsible for such grave situation.
The root cause is elsewhere, as the democratic system provided by the Indian
Constitution is not developed in consideration of the Indian Society, culture
and its needs.
Each and every level of the governance, immense corruption with
immunity, become important part of the system;
Violation of Law with immunity is not a matter of surprise, for
any one;
Remedial measures are not easily available in respect of any
matter of ill-governance, prevailing under nexus between the powerful
politicians, bureaucrats and organised mafia;
Immense economical, social and political exploitation is not at
all a matter of concern for any politician; and
From the whole of the country a single person from the common man
can be identified who can justify that he has no grievances relates to
governance at one or other level.
A
democracy cannot sustain for a long, unless followings principles are not
translated in practice of the governance: -
1.
Truth shall prevails;
2.
Justice must be above all;
3.
Reins of the powers should be in the hands of the people;
4.
Unity, based on self reliance, self respect and self dependence amongst the
people must be supreme objects;
5.
Each, including Constitutional Authority should be accountable before the law
and system irrespective of his status or position;
6.
Justice delivery system should be easy, affordable and within reasonable time;
7.
In the Election mechanism value should be given to the Voters not to the
Voting;
8.
Individualized Politics should not be allowed at any level and at any cost;
9.
Promotions in the Politicians should be based on experience, competency and
performance;
10.
Distribution of the benefit of the progress and economical betterment of the
country should be horizontal;
11.
System should not allow finding the ways to discriminate one to protect the powerful
by skills or expertise.
12.
Each Individual should be kept away from the democratic process, if he does not
obey these principles with the latter and sprit.
The
Supreme Court of India shall admit a complaint after preliminary satisfaction, against
the criminal misconduct by any person holds or holding the office of President,
Vice-President, Prime Minister, any member of council of ministers in the
Central Government, Chief Ministers of any State, and person holds or holding
post with the or equal to rank of Cabinet Secretary; and Secretaries of the
Central Government and Chief Secretary of any State, and after admit, it should
be forwarded to a appropriate subordinate court for further criminal
proceedings, determination and judgment.
Such powers, privilege and immunities shall not cover the misuse of
office of the member of the Parliament under gratification.
Jurisdiction of court is like that of constructor of a building which has
either perfection or many defects. The final word of posterity is dependent
upon the skill and calibre of builder who may heartily desire to build up it
like expert builders with architectonic virtues to amend or/and add some
material both by method and uniformity and if the structure itself does not
found ventilation for the want of windows and lake of sufficient light or other
deficiency in the architecture, whatsoever, then to demolish the existing
structure, only than we may blessed the amending hand as if the trumpet idea
gives an uncertain sound who shall prepare himself to the battle?
When any charge of the gratification is
leveled against Prime Minister, His Cabinet Ministers and other Ministers or
against any member of the Parliament, it shall be his duty to make requisite
confessional statement before Apex Court, within seven days from the date of
information against such charge otherwise he is liable to be declare as disqualified
as a member of the Parliament. The Constitution of India and its legal system is required to ensure
removal of the Individual-controlled politics, in practical terms cast,
religion, language, reason based politics, which has strengthened the policy of
English Rulers to divide Indian to Rule the country and to get powers.
Resulting thereby in every segment of the society politics-crime-nexus became
part of the life.
Yogesh Kumar Saxena, Advocate, High Court,
Allahabad
Ex Senior Vice President, Advocate’s Association,
Chamber No. 139,High Court, General Secretary ALL INDIA BAR ASSOCIATION Trained
Mediator of the first batch of Mediation Team
Registration No. 946 of 1974 ( U.P.Bar Council of Allahabad) Special Counsel in Ganga Pollution Matter. Executive Member, World Parliament Experiment
(Bonn) Germany 22nd Feb. 7th March 2008 Conveyor International Conference Of Jurists, Held in
SINGAPORE on 28th Feb. upto 3 rd March 2010 ISRAL PROJECT INDIAN REPRESENTATIVE for SOCIAL COORDINATION
ANF FOR MAINTAINING THE ROLE OF PEACE AND TRANSQUALITY IN INDIA (THROUGH SRI
RAJIV DIXIT, BHARAT SWABHIMAN TRUST, PATANJALI YOGASPEETH, MAHARSHI DAYANAND
GRAM, HARIDWAR 249402 PHONE 01334-240008) Yoga
superior studies &meditation science technique, 4215 NW 7 Street, #34,
Miami, FL33126 International conferences of Chief Justices of
the World (Co Coordinators and Co- Organizers)
at City Montessori School, Lucknow yogrekha@gmail.com, yogrekha@rediffmail.com, 0532-2637720, 2436451, 9415284843,
9792131584,
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 og 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.
ReplyDeleteIlliteracy 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.
ReplyDeleteThe 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.
ReplyDeleteSlogans 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.
ReplyDeleteCivil 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.
ReplyDeletePunishment 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.
ReplyDelete“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”.
ReplyDeleteIt 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.
We are still like cavemen, with our backs turn has had such diversity in unity where the politician has imposed mindless socialism on the nation, which held in all the peoples on devour and enterprise, which has resulted in the transfer of wealth from the honest rich to the dishonest opportunist, the present license quota Rajya has laid down money empire for bureaucracy. Indians are fifteen percent (15%) of world population and having 1.5% of world’s income. We are 54% of all illiterate of the world who are living in this country. Where 50 million Indians are seeking employment. In 1950 Indians ranks 16th in the list of exporting counties of the world. Now it ranks 43rd . In 1950, India had 2.2% of export of world market today its share stand to 45%. Population of Hong-Kong is 0.7% and its land area is 0.03% of India and yet it has almost three times the trade of India. India has less than half of are percent of worlds tourist traffic.
ReplyDeleteIt is significant to mention here that north has only a quarter of world’s population and it has 70% of wealth and 80% of trade. It has 90% of Industry, 99% of finest and most advanced countries of learning and technology. The total weight of their milk which is surplus is a million ten while the butter is 1.5 million tens. There is 20 million tons of surplus feed. It is interesting that our corruption prevents the benefit of aid from tackling down the poor, Aid goes into the private pockets and as such has stopped all such assistance, which they virtually find as surplus in their countries. A different set of considerations arise when politician ask another country to do finance the corruption in their own State.
ReplyDeleteMankind has a habit of serving the worst catastrophes created by its own error or by violent turn of nature. There is any meaning of life in its existence without self organizing chance if man is intended to survive. A half conscious leader must come out of his present chaotic life for ideal human unity and un-accomplished gospel and its preservation will only provide a chance for our success. There is no doubt that a race weary of its own bloodshed and divisiveness will ultimately give its way to a system, which offers the only chance for survival of the species.
ReplyDeleteThe sacrifice and benevolent achievements by the patriots are subjected to humiliation with politicians, which ever the invaders were not doing with such impunity as they were having their character. Churchill has rightly expressed on eve of independence of our country, that we are committing a folly by giving the power in those hands, who do not know how to live, History will not forget us after the down of 45 years of independence in India as everything will be taxed except air and water, but unfortunately how ever the water and open air is taxed, which Churchill was counting in abundance in India.
ReplyDeleteThe diplomacy of British rulers is responsible for partition of India in 1947. They want to see the India continent divided into several political unit in order to Balinese the country. The wanted to keep the great nation internally weak and divided as part of their glival strategy and international power game.
ReplyDeleteOn 28th February, 1947 the Prime Minister of England made the following announcement:-
“His Majesty Government, wish to make it clear that it is their definite intention to take necessary steps to effect the transference of power to responsible India hands by a date not later than June,1948”.
On 3rd June,1947 the actual plan proposal for the British’s prepared partition of India. Since under Government of India Act 1935 the British’s have provided separate electorate and communal representation to the Muslims, they took the under advantage in the High pitch of communal frenzy.