Monday, September 5, 2011

Constitution and Mis Governance

Constitution and Mis Governance

I have uttered so many times that the only way to have prosperous, undiscriminating and non oppressive India than inevitably Constitution of India will have to be changed. I have written on times and again about its necessity sighting examples at that point of time.

Since almost last six months what we are seeing is very important to understand how Indian Constitution of India is a hindrance in our progress and makes Govt. an autocratic Government.

Trying to prevent Each and every action of Civil society, Govt. took the excuse staying behind the constitutional provisions. Some were false, some were genuine. Now I would draw your attention towards some fact in anticipation that my brief information will be made detailed by you yourself.

Some Questions and answers which are very basic but VV Important.

· Do You Know on what basis the first Govt. of India was formed in 1947 and whether there was vote or not? Proportional Electorate.

· Who were the voters for any election took place in between 1947 – 1952? Only those who paid the Chowkidari Tax.

· Do you accept the voters being only tax payers, if not, than how can you accept the constitution made by a Government elected by tax payers (Chowkidari Tax) and not by citizen as a whole.

· Why British did not conduct the general election to choose the government to whom They could hand over the power? They (Wavell) tried that but Nehru, Gandhi & Mountbatten Trio did not allow it to happen.

· Was the concept of standing committee there in the Constitution? No.

· If not, when it was added? In 1991.

· What are the duties and purpose of standing Committee? To get opinion of Civil Society (Citizens of India) on the proposed bill and make recommendations as per society wish.

· What was the arrangement before 1991? Parliamentarians use to take the copy of bill to there respective constituencies to seek mandate and report to the Parliament.

· Why this was changed? So called self proclaimed God of us, the than Parliamentarians can answer only.

· Is illiterate and incompetent are unparliamentarily word (Abusive and insulting)?

· Is mimicking (mimickery) is an insult? As illiterate and incompetent are adjectives and comparative words it can never be an insulting word. Mimickery is an expression (may be copying some one).

· Is Initiation of Privilege motion on these grounds is not suppression of fundamental right of a citizen of India which is right to expression?

· Must not citizen needs to take this issue to streets?

· Does not it say who will participate with you we will punish? I will have to elaborate on it. This is a tactics created and practiced by Britishers. “In a mob if you punish the top man it will aggravate, if you punish the man at lowest pedestal it will have no impact. So harass the man next to the man at top.” That is what Govts have practiced.(In Ramdev case also Baba Ramdev was not punished but Balkrishan, the second man is being persecuted.)

· As per our constitution MP is representative of people of its constituency in parliament to raise the interest and voice of its voters and dwellers of its constituency?

· Does anti defection law not prevent an MP from speaking or doing what he thinks good for his constitution people, An MP has been empowered by constitution to voice for persons whom he represents but in order not to loose his membership he had to say what his Party President says to say.

· Is it not suppression of our voice in Parliament and oppression of our MPs?

It is very difficult to write on these matters as thoughts and anger starts mingling making it impossible to have stable thought and suppressed anger. That is how we live. It is the Constitution which has compelled a person like even Anna to get into the political gimmicks like breaking fast from hand of a muslim and a harijan, and adding something like hindu, muslim, sikh and Isai in Nara which was never present in his other regional agitations and in this national agitation also prior to end of his fast. Constitution and Politics has made it mandatory for one and all to get into there Hamam the way they have entered and remain Nanga as they are. Living for something for next time but Think….. Think ……. And act now or never in near future.

Sunday, September 4, 2011

Mahatma Gandhi might have fasted but not for country and for issues of national Importance. As his fast and Nehru's fight (Independence) were baseless so method of propganda was used. That is the reason you will not get any consolidated information. Here I have compiled the detail of Gandhi Fast mentioning why, when and where to let you know the truth.

Years of Fasts of Mahatma Gandhi

1913 (Phoenix)

Penitential fast for a week for moral lapses of two immediate at the settlement

1914 (Phoenix)

Fourteen days fast for similar reason

01 June, 1915

Fasted for a day on detecting untruth among Ashram boys

11 September, 1915

Gave up evening meal due to some Ashramaties objection to the admission of a Harijan in the Ashram

15 March, 1918

For a rise in the wages of mill workers of Ahmedabad

06 April, 1919

First day of Satyagraha fight

13 April, 1919

Began fast for 72 hours for Jallianwala Bagh massacre at Amritsar and disturbances at Bombay and Ahmedabad.

19-21 Nov., 1921

Fasted owing to disturbances at Bombay

28 November, 1921

Took vow to fast for 24 hours every Monday till Swaraj was won and started it from that day.

12-16 Feb., 1922

Owing to the massacre at Chauri Chaura

17 Sep. to 7 Oct., 1924

For communal unity

24-30 Nov., 1925

For having detected sexual aberrations in some boys and girls of the Ashram.

22-24 June, 1928

Owing to moral lapse of an Ashram inmate

20-25 Sept., 1932

In protest against the decision to setup separate electorate for the Harijans.

03 December, 1932

In protest against Government not allowing a fellow prisoner to do scavenging work

08-29 May, 1932

For self purification and of his colleagues.

16-22 August, 1933

In protest against Government’s decision not to grant all the facilities for Harijan work which he was having previously in Jail.

07-13 August, 1934

An irrate reformer attacked an opponent of the Harijan upliftment movement with a lathi. Started fast to atone.

03-06 March, 1939

For the breach of promise by the Rajkot ruler.

12-13 Nov., 1940

Fasted for two days for minor thefts in the Ashram

05-07 May, 1941

Because of communal riots in Bombay and Ahmedabad

29 June, 1941

For communal unity

10-03 March, 1943

In protest against Government’s propaganda that the responsibility of disturbances after Quit India resolution was that of Congress.

30 November, 1944

Fasted or thought of fasting for one or more days. Details and reason could not be traced.

20 October, 1946

Probably on account of an error by the person who prepared the fair copy of a letter written during negotiations with the Muslim League.

15 August, 1947

Against partition of the country

01 to 03 Sept., 1947

For communal harmony

11 October, 1947

Birth date according to Vikram calendar. Fasted instead of celebrating it.

Indian Money How and from where.

What was Rajiv Gandhi’s fatal error in politics? It does not need a seer to say that it was his claim to honesty — branding himself as ‘Mr Clean’ — that proved fatal to him. Indira Gandhi was his contrast. Asked about corruption in her government, she said nonchalantly, ‘it was a global phenomenon’. This was in 1983. An honest Delhi High Court judge even lamented how could corruption be controlled when someone holding such a high position had almost rationalised it. The result, no one could ever charge Indira Gandhi with corruption, because she never claimed to be clean. But, ambitious to look ideal, Rajiv proclaimed honesty and so provoked scrutiny; in contrast, Indira, opting to be practical, immunised herself against scrutiny. Eventually, Rajiv’s claim to honesty became the very cross on which he was crucified in the 1989 elections when the Bofors gun shot the Congress out of power. The lesson to the political class was: don’t claim to be honest, if you really are not so. The hard lesson seems forgotten now by the Gandhi family itself. Sonia Gandhi, instead of following Indira’s safe path, is wrongly caught on Rajiv’s risky steps. The consequences seem to be ominous. Will the politics of 1987 to 1989 repeat?

Following Rajiv and forgetting Indira, Sonia Gandhi proclaimed ‘zero tolerance’ to corruption at a party rally in Allahabad in November 2010. She repeated it at the Congress plenary in Delhi weeks later. Asking the cadre to take the corrupt head on, she said that her party was ‘prompt’ in acting against the corrupt; ‘never spared the corrupt’ because corruption impedes development’. This was almost how Rajiv Gandhi spoke in the Congress centenary in Mumbai 25 years ago. Two crucial differences marked Rajiv away from Sonia. First, when Rajiv claimed to be ‘Mr Clean’, he had no scams to defend against. But, Sonia claims to be honest amidst huge and continuing scams — CWG, Adarsh, 2G Spectrum allocation scam…. Next, Rajiv had a clean slate to begin with, with no known skeletons in his cupboard till the Bofors scam smashed his ‘Mr Clean’ image. In contrast, Sonia’s slate is full of credible exposures of bribes and pay-offs in billions of dollars secreted in Swiss bank accounts, not counting Quattrocchi’s millions from Bofors. To make it worse, for almost two decades now, she has not dared to deny the exposures or sue the famous Swiss magazine or the Russian investigative journalist who had put out evidence of bribe against the Sonia family. Seen against this background, Sonia’s vow to act against the corrupt seems like a suspect hooting ‘catch the thief’ and scooting away. This is the main story that unfolds here.

$2.2 billions to 11 billions!

A stunning exposure on Sonia Gandhi’s secret billions in Swiss banks came, surprisingly, from Switzerland itself, where the world’s corrupt stash away their booty. In its issue of November 19, 1991, Schweizer Illustrierte, the most popular magazine of Switzerland, did an exposé of over a dozen politicians of the third world, including Rajiv Gandhi, who had stashed away their bribe monies in Swiss banks. Schweizer Illustrierte, not a rag, sells some 2,15,000 copies and has a readership of 9,17,000 — almost a sixth of Swiss adult population. Citing the newly opened KGB records, the magazine reported ‘that Sonia Gandhi the widow of the former Prime Minister Rajiv Gandhi was controlling secret account with 2.5 billion Swiss Francs (equal to $2.2 billion) in her minor son’s name’. The $2.2 billion account must have existed from before June 1988 when Rahul Gandhi attained majority. The loot in today’s rupee value equals almost Rs 10,000 crore. Swiss banks invest and multiply the clients’ monies, not keep them buried. Had it been invested in safe long-term securities, the $.2.2 billion bribe would have multiplied to $9.41 billion (Rs 42,345 crore) by 2009. If it had been put in US stocks, it would have swelled to $12.97 billion (Rs 58,365 crore). If, as most likely, it were invested in long-term bonds and stocks as 50:50, it would have grown to $11.19 billion (Rs 50,355 crore). Before the global financial meltdown in 2008, the $2.2 billion bribes in stocks would have peaked at $18.66 billion (Rs 83,900 crore). By any calculation the present size of the $2.2 billion secret funds of the family in Swiss banks seems huge — anywhere between Rs 43,000 plus to some Rs 84,000 crore!

KGB papers

The second exposé, emanating from the archives of the Russian spy outfit KGB, is far more serious. It says that the Gandhi family has accepted political pay-offs from the KGB — a clear case of treason besides bribe. In her book The State Within a State: The KGB and its Hold on Russia-Past, Present, and Future, Yevgenia Albats, an acclaimed investigative journalist, says: “A letter signed by Victor Chebrikov, who replaced Andropov as the KGB head in 1982 noted: ‘the USSR KGB maintains contact with the son of the Premier Minister Rajiv Gandhi (of India). R Gandhi expresses deep gratitude for the benefits accruing to the Prime Minister’s family from the commercial dealings of the firm he controls in co-operation with the Soviet foreign trade organisations. R Gandhi reports confidentially that a substantial portion of the funds obtained through this channel are used to support the party of R Gandhi’.” (p.223). Albats has also disclosed that, in December 2005, KGB chief Victor Chebrikov had asked for authorisation from the Central Committee of the Communist Party of the Soviet Union, “to make payments in US dollars to the family members of Rajiv Gandhi, namely Sonia Gandhi, Rahul Gandhi and Ms Paola Maino, mother of Sonia Gandhi.” And even before Albats’ book came out the Russian media had leaked out the details of the pay-offs. Based on the leaks, on July 4, 1992, The Hindu had reported: “the Russian Foreign Intelligence Service admits the possibility that the KGB could have been involved in arranging profitable Soviet contract for the company controlled by Rajiv Gandhi family”.

Indian media

Rajiv Gandhi’s sad demise delayed the Swiss and Russian exposé on Sonia being picked up here. But Indian media’s interest in it actually coincided with Sonia Gandhi assuming leadership of the Congress. A G Noorani, a well-known columnist, had reported on both Schweizer Illustrierte and Albats’ exposés in Statesman (December 31, 1988). Subramanian Swamy had put out the photocopies of the pages of Schweizer Illustrierte and Albats’ book in his website along with the mail of the Swiss magazine dated February 23, 2002 confirming that in its article of November 1991 it had named Rajiv Gandhi with a total of Swiss Franc 2.5 billion ($2.2 billion) in secret account; it had also offered to supply a original copy of the magazine to Swamy. (See: http://www.janataparty.org/annexures/ann10p43.html) These facts were again recalled in my article in The New Indian Express (April 29, 2009) written in response to Sonia Gandhi speech at Mangalore (April 27, 2009) declaring that, “the Congress was taking steps to address the issue of untaxed Indian money in Swiss banks”. The article had questioned her about her family’s corrupt wealth in Swiss banks in the context of her vow to bring back the monies stashed away abroad. Rajinder Puri, a reputed journalist, has also earlier written on the KGB disclosures in his column on August 15, 2006. Recently, in India Today (December 27, 2010) the redoubtable Ram Jethmalani has referred to the Swiss exposé, asking where is that money now? So the Indian media too has repeatedly published the details of the secret billions of the Gandhi family investigated by the Swiss and Russian journalists. Amal Datta (CPI(M)) had raised the $2.2 billion issue in Parliament on December 7, 1991, but Speaker Shivraj Patil expunged the Gandhi name from the proceedings!

Self-incriminating

But, what has been the response of Sonia or Rahul, major after June 1988, to the investigation by Schweizer Illustrierte and Albats and to the Indian media’s repeated references to their investigation? It can be summed up in one word: Silence. Thus, apart from the exposés, the deafening silence of the Gandhis itself constitutes the most damaging and self-incriminating evidence of the family’s guilt. When Schweizer Illustrierte alleged that Sonia had held Rajiv Gandhi’s bribes in Rahul’s name in Swiss banks, neither she nor the son, protested, or sued the magazine, then or later; nor did they sue A G Noorani or Statesman when they repeated it in 1998, or later; nor would they sue Subramanian Swamy when he put it on his website in 2002; neither did they sue me, or the Express when the article was carried in April 2009. When major papers, The Hindu and The Times of India included, had carried the expose on KGB payments in the year 1992 itself adding that the Russian government was embarrassed by the disclosures, neither of the Gandhis challenged or sued them; nor did they sue Yevgenia Albats when she wrote about KGB payments to Rajiv Gandhi in 1994. Neither did they act against Swamy when he put Albats’ book pages on his website or when Rajinder Puri, a well-known journalist, wrote about it in his column on August 15, 2006. However, a feeble but proxy suit was filed by Sonia loyalists to defend her reputation when Albats’ exposé was made part of the full-page advertisement in The New York Times in 2007 issued by some NRIs to ‘unmask’ Sonia to the US audience, as they claimed. The suit was promptly dismissed by a US court because Sonia herself did not dare file the suit. Shockingly even that suit did not challenge the $2.2 billion Swiss account at all!Imagine that the report in Schweizer Illustrierte or in Albats book was false and Sonia Gandhi did not have those billions in secret accounts in Rahul Gandhi’s name or the family was not paid for its service to the KGB as alleged. How would they, as honest and outraged people, have reacted? Like how Morarji Desai, then retired and old at 87, responded in anger when, Seymour Hersh, a Pulitzer Prize-winning investigative journalist, had mentioned in his book that Morarji Desai was a ‘paid’ CIA mole in the Indian Cabinet. Morarji Desai forthwith filed a libel suit. Commenting in The American Spectator, Rael Jean Isaac wrote in 2004, five years after Morarji Desai had passed away, that Hersh habitually indulged in character assassination; and in his attempt to do down Henry Kissinger, Morarji Desai became the victim. Isaac added that Desai, 87, calling it a “sheer mad story”, reacted in outrage with a libel suit seeking $50 million in damages. When the suit came up, as Desai, 93, was too ill to travel to US, Kissinger testified on Desai’s behalf, flatly contradicted Hersh’s charge and stated that Desai had no connection to the CIA. That is how even retired and old persons, honest and so offended and outraged, would act. But see the self-incriminating contrast, the complete absence of such outrage, in Sonia, who is reigning as the chairperson of the UPA now, neither retired or tired like the nonagenarian Morarji Desai, being just 41 when the story broke out in Schweizer Illustrierte. Imagine, not Sonia or Rahul, but Advani or Modi had figured in the exposés of Schweizer Illustrierte or Albats. What would the media not have done to nail them? What would the government of Sonia not have done to fix them?

Rs 20.80 lakh-crore loot

The billions of the Gandhi family being both bribes and monies stashed away in Swiss banks, they are inextricably linked to the larger issue of bringing back the huge national wealth stashed abroad. All world nations, except India, are mad after their black wealth secreted in Swiss and like banks. But India has shown little enthusiasm to track the illicit funds of Indians in Swiss and other banks. Why such reticence?

When during the run-up to the 2009 Lok Sabha elections, the BJP leader L K Advani promised to bringing back, if voted to power, Indian money was estimated between $500 billion and $1.4 trillion stashed abroad, the Congress first denied that there was such Indian money outside. But when the issue began gathering momentum, Manmohan Singh and Sonia Gandhi had to do damage control and promise that the Congress too would bring back the national wealth secreted abroad. Global Financial Integrity (GFI), a non-profit institution working against global black funds, has recently estimated that the Indian wealth secreted away is about $462 billion, approximately equal to Rs 20.80 lakh-crore. The GFI says that more than two-thirds of it was looted away under the liberalisation regime. This is what the GFI says about the character of the loot: “From 1948 through 2008, India lost a total of $213 billion in illicit financial flows (or illegal capital flight)” through “tax evasion, corruption, bribery and kickbacks, and criminal activities”. Does one need a seer to say under what head would the $2.2 billion in Sonia family’s secret account (which would have grown to $9 to $13 billion by now) fall? But accretions, if any, from the loot in 2G and CWG where the numbers are even bigger are not still accounted. Now comes the more critical, yet practical issue. When the Sonia Gandhi family is among the suspects who have secreted away monies abroad, how will it affect the efforts to bring back the wealth stashed away by others?

Looters safe

Just a couple of examples will demonstrate how the government is unwilling to go after Indian money secreted abroad. As early as February 2008 the German authorities had collected information about illegal money kept by citizens of different countries in Lichtenstein bank. The German finance minister offered to provide the names of the account holders to any government interested in the names of its citizens. There were media reports that some 250 Indian names were found in the Lichtenstein Bank list. Yet, despite the open offer from Germany to provide the details, the UPA-II government has never showed interest in the Indian accounts in Lichtenstein Bank. The Times of India reported that “the ministry of finance and PMO have, however, not shown much interest in finding out about those who have their lockers on the secret banks of Liechtenstein which prides itself in its banking system”. But under mounting pressure the Indian government asked for details not under the open offer but strategically under India’s tax treaty with Germany. What is the difference? Under the tax treaty the information received would have to be kept confidential; but, if it were received openly, it can be disclosed to the public. Is any further evidence needed to prove that the government is keen to see that the names of Indians who had secreted monies abroad are not disclosed?

The second is the sensational case of Hasan Ali, the alleged horse-breeder of Pune, who was found to have operated Swiss accounts involving over Rs 1.5 lakh-crore. The income tax department has levied a tax of Rs 71,848 crore on him for concealing Indian income secreted in Swiss accounts. This case is being buried now. The request sent to the Swiss government was deliberately made faulty to ensure that the Swiss would not provide details. Some big names in the ruling circles are reportedly linked to Hasan Ali. That explains why the government would not deepen the probe. It is Hasan Alis and the like who transport through hawala the bribes of the corrupt from India. If Hasan Ali is exposed, the corrupt will stand naked. This is how the hawala trader and the corrupt in India are mixed-up.

Is it too much to conclude that thanks to Sonia family’s suspected billions in Swiss accounts the system cannot freely probe the $462 billion looted from India at all? Tail-pieces: The total wealth of both Gandhis, as per their election returns, is just Rs 363 lakh, Sonia owning no car. Sonia lamented on November 19, 2010, that graft and greed are on the rise in India!! Rahul said on December 19, 2010, that severe punishment should be given to the corrupt!!! Amen.

Fogging Fundamental Right by Govt.

Article 13 (2) provides for the protection of the fundamental rights of the citizen. Parliament and the state legislatures are clearly prohibited from making laws that may take away or abridge the fundamental rights guaranteed to the citizen. They argued that any amendment to the Constitution had the status of a law as understood by Article 13 (2). In 1952 (Sankari Prasad Singh Deo v. Union of India5) and 1955 (Sajjan Singh v. Rajasthan6), the Supreme Court rejected both arguments and

upheld the power of Parliament to amend any part of the Constitution including that which affects the fundamental rights of citizens. Significantly though, two dissenting judges in Sajjan Singh v.Rajasthan case raised doubts whether the fundamental rights of citizens could become a plaything of

the majority party in Parliament.

The Golaknath verdict

In 1967 an eleven-judge bench of the Supreme Court reversed its position. Delivering its 6:5 majority judgement in the Golaknath v. State of Punjab case7, Chief Justice Subba Rao put forth the curious position that Article 368, that contained provisions related to the amendment of the Constitution, merely laid down the amending procedure. Article 368 did not confer upon Parliament the power to amend the Constitution. The amending power (constituent power) of Parliament arose from other provisions contained in the Constitution (Articles 245, 246, 248) which gave it the power to make laws (plenary legislative power). Thus, the apex court held that the amending power and legislative powers of Parliament were essentially the same. Therefore, any amendment of the Constitution must be deemed law as understood in Article 13 (2).

Basic Features of the Constitution according to the Kesavanada verdict

Each judge laid out separately, what he thought were the basic or essential features of the Constitution. There was no unanimity of opinion within the majority view either.

Sikri, C.J. explained that the concept of basic structure included:

• supremacy of the Constitution

• republican and democratic form of government

• secular character of the Constitution

• separation of powers between the legislature, executive and the judiciary

• federal character of the Constitution

Shelat, J. and Grover, J. added two more basic features to this list:

• the mandate to build a welfare state contained in the Directive Principles of State Policy

• unity and integrity of the nation

Hegde, J. and Mukherjea, J. identified a separate and shorter list of basic features:

• sovereignty of India

• democratic character of the polity

• unity of the country

• essential features of the individual freedoms secured to the citizens

• mandate to build a welfare state

Jaganmohan Reddy, J. stated that elements of the basic features were to be found in the Preamble

of the Constitution and the provisions into which they translated such as:

• sovereign democratic republic

• parliamentary democracy

• three organs of the State

He said that the Constitution would not be itself without the fundamental freedoms and the directive principles. Only six judges on the bench (therefore a minority view) agreed that the fundamental rights of the citizen belonged to the basic structure and Parliament could not amend it.

The minority view

The minority view delivered by Justice A.N. Ray (whose appointment to the position of Chief Justice over and above the heads of three senior judges, soon after the pronunciation of the Kesavananda verdict, was widely considered to be politically motivated), Justice M.H. Beg, Justice K.K. Mathew and Justice S.N. Dwivedi also agreed that Golaknath had been decided wrongly. They upheld the validity of all three amendments challenged before the court. Ray, J. held that all parts of the Constitution were essential and no distinction could be made between its essential and non-essential parts. All of them agreed that Parliament could make fundamental changes in the Constitution by exercising its power under Article 368.

In summary the majority verdict in Kesavananda Bharati recognised the power of Parliament to amend any or all provisions of the Constitution provided such an act did not destroy its basic structure. But there was no unanimity of opinion about what appoints to that basic structure. Though the Supreme Court very nearly returned to the position of Sankari Prasad (1952) by restoring the supremacy of Parliament's amending power, in effect it strengthened the power of judicial review much more.

Basic Structure concept reaffirmed- the Indira Gandhi Election case

In 1975, The Supreme Court again had the opportunity to pronounce on the basic structure of the Constitution. A challenge to Prime Minister Indira Gandhi's election victory was upheld by the Allahabad High Court on grounds of electoral malpractice in 1975. Pending appeal, the vacation

judge- Justice Krishna Iyer, granted a stay that allowed Smt. Indira Gandhi to function as Prime Minister on the condition that she should not draw a salary and speak or vote in Parliament until the case was decided. Meanwhile, Parliament passed the Thirty-ninth amendment to the Constitution

which removed the authority of the Supreme Court to adjudicate petitions regarding elections of the President, Vice President, Prime Minister and Speaker of the Lok Sabha. Instead, a body constituted by Parliament would be vested with the power to resolve such election disputes. Section 4 of the

Amendment Bill effectively thwarted any attempt to challenge the election of an incumbent, occupying any of the above offices in a court of law. This was clearly a pre-emptive action designed to benefit Smt. Indira Gandhi whose election was the object of the ongoing dispute.

Amendments were also made to the Representation of Peoples Acts of 1951 and 1974 and placed in the Ninth Schedule along with the Election Laws Amendment Act, 1975 in order to save the Prime Minister from embarassment if the apex court delivered an unfavourable verdict. The mala fide intention of the government was proved by the haste in which the Thirty-ninth amendment was passed. The bill was introduced on August 7, 1975 and passed by the Lok Sabha the same day. The Rajya Sabha (Upper House or House of Elders) passed it the next day and the President gave his assent two days later. The amendment was ratified by the state legislatures in special Saturday sessions. It was gazetted on August 10. When the Supreme Court opened the case for hearing the next day, the Attorney General asked the Court to throw out the case in the light of the new amendment.

Counsel for Raj Narain who was the political opponent challenging Mrs. Gandhi's election argued that the amendment was against the basic structure of the Constitution as it affected the conduct of free and fair elections and the power of judicial review. Counsel also argued that Parliament was not

competent to use its constituent power for validating an election that was declared void by the High Court.

Four out of five judges on the bench upheld the Thirty-ninth amendment, but only after striking down that part which sought to curb the power of the judiciary to adjudicate in the current election dispute. One judge, Beg, J. upheld the amendment in its entirety. Mrs. Gandhi's election was declared valid on the basis of the amended election laws. The judges grudgingly accepted Parliament's power to pass laws that have a retrospective effect.

Monday, August 29, 2011

Constitution and Mis Governance

I have uttered so many times that the only way to have prosperous, undiscriminating and non oppressive India than inevitably Constitution of India will have to be changed. I have written on times and again about its necessity sighting examples at that point of time.

Since almost last six months what we are seeing is very important to understand how Indian Constitution of India is a hindrance in our progress and makes Govt. an autocratic Government.

Trying to prevent Each and every action of Civil society, Govt. took the excuse staying behind the constitutional provisions. Some were false, some were genuine. Now I would draw your attention towards some fact in anticipation that my brief information will be made detailed by you yourself.

Some Questions and answers which are very basic but VV Important.

· Do You Know on what basis the first Govt. of India was formed in 1947 and whether there was vote or not? Proportional Electorate.

· Who were the voters for any election took place in between 1947 – 1952? Only those who paid the Chowkidari Tax.

· Do you accept the voters being only tax payers, if not, than how can you accept the constitution made by a Government elected by tax payers (Chowkidari Tax) and not by citizen as a whole.

· Why British did not conduct the general election to choose the government to whom They could hand over the power? They (Wavell) tried that but Nehru, Gandhi & Mountbatten Trio did not allow it to happen.

· Was the concept of standing committee there in the Constitution? No.

· If not, when it was added? In 1991.

· What are the duties and purpose of standing Committee? To get opinion of Civil Society (Citizens of India) on the proposed bill and make recommendations as per society wish.

· What was the arrangement before 1991? Parliamentarians use to take the copy of bill to there respective constituencies to seek mandate and report to the Parliament.

· Why this was changed? So called self proclaimed God of us, the than Parliamentarians can answer only.

· Is illiterate and incompetent are unparliamentarily word (Abusive and insulting)?

· Is mimicking (mimickery) is an insult? As illiterate and incompetent are adjectives and comparative words it can never be an insulting word. Mimickery is an expression (may be copying some one).

· Is Initiation of Privilege motion on these grounds is not suppression of fundamental right of a citizen of India which is right to expression?

· Must not citizen needs to take this issue to streets?

· Does not it say who will participate with you we will punish? I will have to elaborate on it. This is a tactics created and practiced by Britishers. “In a mob if you punish the top man it will aggravate, if you punish the man at lowest pedestal it will have no impact. So harass the man next to the man at top.” That is what Govts have practiced.(In Ramdev case also Baba Ramdev was not punished but Balkrishan, the second man is being persecuted.)

· As per our constitution MP is representative of people of its constituency in parliament to raise the interest and voice of its voters and dwellers of its constituency?

· Does anti defection law not prevent an MP from speaking or doing what he thinks good for his constitution people, An MP has been empowered by constitution to voice for persons whom he represents but in order not to loose his membership he had to say what his Party President says to say.

· Is it not suppression of our voice in Parliament and oppression of our MPs?

It is very difficult to write on these matters as thoughts and anger starts mingling making it impossible to have stable thought and suppressed anger. That is how we live. It is the Constitution which has compelled a person like even Anna to get into the political gimmicks like breaking fast from hand of a muslim and a harijan, and adding something like hindu, muslim, sikh and Isai in Nara which was never present in his other regional agitations and in this national agitation also prior to end of his fast. Constitution and Politics has made it mandatory for one and all to get into there Hamam the way they have entered and remain Nanga as they are. Living for something for next time but Think….. Think ……. And act now or never in near future.

Wednesday, June 22, 2011

Participatory or Representative Democracy in India

Participatory or Representative Democracy in India

A democracy is a type of government which is run with the input of the people, directly or indirectly. It contrasts with other types of government, such as a dictatorship or a classical monarchy, which are run by individuals or small groups of high ranking people. Many governments around the world have adopted the democracy as a form of government in varying forms, and most of these governments are representative democracies, as opposed to direct or pure democracies modeled after the Athenian government in Ancient Greece.

In a representative democracy, a group of people is established as eligible voters. In the United States, for example, citizens over 18 without felony convictions may vote. These citizens vote for representatives, such as Congress people, Senators, and local officials. When elected, a representative agrees to serve the interest of his or her constituency, regardless as to party affiliation, age, race, or gender. The representative travels to the State or National capitol to make laws and assist with the running of the government. Often, a representative must balance warring interests in his or her community, and hopes to satisfy most, but not all, of the constituents.

To help serve the needs of their constituency, representatives maintain regional offices so that their voters can communicate with them. Individual voters often contact their representatives to encourage them to vote one way or another on a bill, or to push through a piece of legislation. Some of these measures are also voted on directly by the voters, in the form of propositions on the ballot. In addition, many representative democracies also permit referendums, legislation proposed directly by the people. If citizens can get enough signatures on a referendum to indicate public interest, it will be placed on the ballot during election season.

In a direct democracy, every citizen plays an active role in the governance of the nation. In order for a direct democracy to be successful, it must be in a relatively small, localized region. This is because large numbers of eligible citizens would quickly clog the workings of the government, sparking endless debates and votes but never actually achieving anything. Citizens must also have an active interest in the success of their governments.

A nationwide direct democracy would be difficult to manage in the modern era. However, many small towns within representative democracies use a form of direct democracy at their town meetings. Allowing each citizen on the town level a vote and a role in the government is believed to lead to a more active, caring, and interconnected community. The direct democracy model also allows citizens to prioritize what is important to them as a group, rather than relying on a team of representatives to address their issues. For example, a small town which uses a direct democracy model may have better funding for schools and libraries than a neighboring town with better roads, because the citizens have decided as a group that education should be a priority for the town, even at the cost of transportation.

The limitations of technology that once required us to use a representative democracy are no longer an issue.

With the use of computers and the internet and Panchayti Raj implemented throughout the country, we can now develop a system that would allow for a direct and participatory democracy to exist in India.

The question that then arises is, would we want the mass population of our country voting on every issue that would pass in front of Parliament? Perhaps overcoming the technical challenges is not the only thing stopping us from a participatory democracy but that can be thought out.

Our politicians are educated and versed in the workings of government and can therefore could be better suited for making such decisions but they must remain under scanner of the public.

A social democracy is a national government with a democratic process, bearing several characteristics resembling a socialist society. Social democrats are typically committed to acting for the common good. In social democratic countries, governments play an active role in regulating certain political and economic conditions.

The political ideology of social democracy falls in the center-left of the political spectrum. Although social democrats believe in individual freedoms and a democratically-elected government, they also often emphasize the need for the protections of minorities and a social safety net. Social democrats generally support work and trade unions, free education, and gender equality.

The ideology of liberalism took hold as the Industrial Revolution took place in Europe and the United States. Initially, liberals supported the economic progress, believing that the growth of international markets would benefit a great number of people. The negative effects of capitalist societies and the growth of industry soon became evident, however. With a lack of protection for workers, the use of child labor and the widening gap between the rich and poor, some scholars and politicians attempted to address the consequences of laissez faire capitalism.

Thomas Hill Green (1836-1882) was a professor of moral philosophy in England. According to his definition, freedom was directly related to a person's contributions to the common good. Although he did advocate individual freedom, Green also believed that the government should actively and positively be involved in increasing the people's freedoms. Green's position was eventually used as a justification for labor laws, public education, and other aspects of the modern welfare state.

John Maynard Keynes's (1883-1846) economic philosophy had a great impact on the social democratic movement. In The General Theory of Employment, Interest and Money (1936), Keynes discussed the strengths and weaknesses of capitalism. He believed that an unregulated market ultimately has a negative impact on the greater society, with its inability to provide full employment or distribute wealth equally.

Green and Keynes, along with other theorists and philosophers, created the basic foundation for contemporary social democratic governments. Unlike socialism, which advocates the nationalization of businesses and other sectors, social democratic countries generally do not emphasize government takeovers of industry. Not all social democrats agree on capitalism, however; some social democrats and democratic socialists believe that capitalism should be eliminated.

In modern society, social democratic countries and political parties tend to focus on human rights issues. Social democratic countries typically have strict protections for minorities. They also often attempt to distribute wealth equally throughout the entire population. Social democracies typically provide government-funded health care, subsidized higher education, and aid for the elderly among other social welfare initiatives.

Many countries in Europe, such as Germany, Great Britain, and the Scandinavian countries, share some characteristics of social democracies. Most democratic countries have some laws or institutions attributed to social democracy, however. For instance, the United States, which is not labeled as a social democracy, has a welfare program — Medicare and Medicaid — as well as public primary and secondary educational institutions. India has already fair amount of institution to handle those teething problem and come over it.

Corrupt Congress & Capsizing Country

Congress asks always about validity of Citizens Group and Hazare being citizens representative and ask them to first fight an election. I have a question for them, Mahatama Gandhi won which Election? Nehru, Patel, Bhagat Singh contested which post to represent Indian Citizen? If they are peoples representative till date than how Anna or Civil Society member can’t be. At least people saw more than a Lakh people agitating in favour of Tough Anticorruption Lokpal. Being elected is the claim of them being the only representative of Citizen and the lawmaker than why not even a single people from their constituencies reacted voluntarily in their favor and agaist Lokpal? Only elites are pleading in there favour. Why people in the Citizens Group don’t raise this fact?

Any party is not above country and country is association of people in a specific Geographical Area. Without being elected by people what is importance of Parliament? Even constitution is not above citizens, Citizen make constitution and accept it as well, Constitution does not make a citizen or country. Why it is projected that Constitution is very sacred and can't be changed. Everything changes with time (Except Congress and Congressees).They are such a shameless, cheat, liar and ill tolerant bunch that they are unfit for even talking about the constitution. Emergency was imposed on this country by Congress. If it was not constitutional and incorrect than Congress did unconstitutional Act even after being in power, so Congress should have been banned and declared a secessionist out fit and barred form taking part in political process. If Emergency was constitutionally correct than the Constitution is the Culprit and it must be changed and never followed. Congress must clarify this. Is it not? Am I wrong?

DEEWAR BHALE HI AAKHIRI WAR SE TOOTA HAI, LEKIN PAHLE KE WAR KA BHI YOGDAN HOTA HAI AUR WO BEKAR NAHI JAAT BHAI.... hope we will keep fighting for the same