TO ESTABLISH RESPONSIBLE AND ACCOUNTABLE SYSTEM
OF GOVERNANCES AT THE UNION AND THE STATE LEVELS
Now is the turn of learned Judiciary to Salvage India
Under Articles 13& 32 of the Constitution By Establishing responsible and accountable system of governances at the Union and the States.
Governments that are sensitive to human sufferings and capable to fulfilling the basic objectives of the Constitution in letter and spirit.
The learned Judiciary
is the Custodian of the Constitution,
to fulfil the Basic Objectives of the
In the face of gradually dwindling socio-economic state of the nation and acutely debilitated and perennially impoverished state of our large populace as narrated through the book, let us pray the learned Judiciary to take cognizance of the situation and salvage the debilitated state of the nation and the perennially suffering masses by redressing the wrongs being committed by our governing guardians (Legislature and Executive) in the post-independence era of more than 68 years; so that the "basic objectives" of our Constitution in terms of (Part III and IV)* are accomplished in "letter and spirit" and a happy and prosperous nation is established for the present and the posterity.
*Our Basic Objectives or Basic Laws ;
|| - (by natural means for living) no
charity, relief, mid-day meal
|Equal Status and opportunity
||- no reservation or quota
|Liberty and Dignity and
||- respectable life
||-love and brotherhood amongst all
"All people have the right of self-determination"
It is obligatory on part of the governments and the Judiciary to interpret the Constitution keeping
the "Nation", "Basic Law" and the "Law of Humanity" above all other considerations.
The Judiciary plays the role of a watchdog over the Executive's actions and ensures that the government
functions for the welfare of the society. - K.G. Balakrishnan, former CJI.
No matter what,
'the Nation' and the 'Law of Humanity'
rest above all other considerations and see no bounds.
Based on my extensive research, I have prayed the learned Judiciary for the following main issues;
- Conducting 'Accountable and Performance' based Elections. See How
- Elections by 'People's Mandate' (51% votes) See How
- Banishing 'Criminalisation of Governances'. See How
- Legislature to fulfil inalienable fundamental and socio-economic
requirements 'Parts III and IV' of the
- Defining 'Qualifications for Legislators'. See How
- Making Article 311 'Accountable and Efficacious for Civil Executives'. See How
- Establishing an 'Over-view System 'for efficacious and honest working of Governments and establishing 'Fiduciary Relationship' of the government with the people. See How
GOVERNMENTS SO ESTABLISHED SHALL BE
SENSITIVE TO HUMAN SUFFERINGS
AND CAPABLE OF FULFILLING THE "BASIC OBJECTIVES"
OF THE CONSTITUTION
Let us all join hands and make judiciary wake up to the highly regressive state of the country and the pathetic plight of our large populace and implement the forgotten Constitution. Please join the Mission
The present Prayer to the learned Judiciary is an humble attempt to find a good mother capable of addressing these maladies in true earnest and take the gravely suffering people of India in her caring shelter. For details see ''India in Shambles, Only the Judiciary can save us'.
ONLY THE JUDICIARY CAN SALVAGE INDIA
LET THIS OPPORTUNITY
NOT SLIP OUT OF OUR HANDS
[For details of PIL see, 'India in Shambles, Only the Judiciary can save us']
To Make Elections Purposeful And Performance Based
To ensure the welfare of the people it is essential to make the elections purposeful and performance based "banishing all kinds of allurements to the voters" and the "hate speeches" by the political parties and the contestants.
we do not conduct elections for draining out the national wealth by way of distributing freebies and concessions or criminally misusing the ill-gotten wealth amassed by the political parties and contestants for influencing elections or luring the voters. Huge cash confiscated by the police make regular headlines in every election.
Distributing freebies or promising concessions and gratis is no "Heroism" neither a measure of our politicians' outstanding capabilities. Such gimmicks can be performed even by the ordinary common man.
People of India must know that;
As per Article 13 of the Constitution, all Acts under RP Act necessarily must be meant for the wellbeing of the 'People' and progress of the 'Nation'!
Any Act under RP Act is ultra vires if it defies or undermines this basic philosophy or the 'basic law' of the Constitution directly or indirectly.
Promising freebies is an abuse to just and fair elections and negates the purpose and sanctity of elections. It prompts rival parties also to follow suit and offer better lucratives than their rivals.
RP Act* cannot override the basic law which is inviolable in terms of liberty; dignity and fulfilment of fundamental and socio-economic rights of the people under Part III and IV of the Constitution, nor can empower the Legislature to defy the basic law (Article 13 of the Constitution). "Nation" and "People" are always paramount, no matter under what law or Act a matter may fall. ?
In the guise of RP Act Legislature cannot fulfil these fundamental incumbencies through vicious dole-outs and other reliefs and push the country to tatters and people to utter poverty, illiteracy and backwardness.
Misuse of RP Act in this manner is a criminal act and flagrant defiance of Article 13 and sanctity and reverence of the Constitution in terms of Part III and IV.
*The RP or Representation of People Act, 1951
It is an act of Parliament of India to provide for the conduct of elections of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections. [httpsen.wikipedia.orgwikiRepresentation_of_the_People_Act_(India)].
All kinds of allurements, cajoling, freebies or lip service to the voters or accusing and nagging the opposite parties and candidates make elections non-performing and purposeless and encourage incapable and dubious characters enter the politics. Accordingly, all regressive, partisan, parasitic (such as freebies) and fratricidal practices adopted by political parties and candidates during elections (such as nagging and accusing each other) must be banished forthwith.
To have a unified and strong India it is essential that all divisive forces and fratricidal acts are banished with the rule of law.
MAJORITY OF VOTES MUST BE DETERMINED BY MINIMUM 51% VOTES OF THE CONTITUENCY:
The present lure of Politics with "little educational attainments", "no accountability" and "no responsibility" attracts many contestants from a constituency. As a result, number of political parties and contestants is getting larger by the day and one may get elected by securing just 10-20% votes of his constituency. The present process of elections therefore encourages dubious characters entering politics.
Learned Judiciary may therefore direct the Legislature/Election Commission to adapt a two-round system or any such mechanism that can ensure mandate of the people (i.e. minimum 51% votes of a constituency) to make elections legal. It shall also weed out dubious characters entering the politics. For more please refer the book.
Defining Qualifications of our Legislators (Articles 84 and 173)
The present provision of the Constitution regarding qualification is barely an
eligibility to contest elections. It is no measure of "qualification". Governing a
nation of 135 cr (by 2017) is a huge task and demands guardians of knowledge,
wisdom and foresight. Qualification necessarily means educational and
professional skills necessary to run a nation (Section 6.4 V of the book (p. 169)).
To Prescribe Responsibility and Accountability to the Civil Executives:
The Judiciary has already interpreted Article 37 as fundamental and inalienable
in the governance of the country as illustrated in Section 7.1(4) (p.258), Article
311 calls for similar interpretation by the learned Judiciary to make it
responsible, efficacious and accountable.