INDIAN DEMOCRACY ---- A PRACTISING ANARCHY AND A FUNCTIONAL TRAGEDY!
Other than the unbridled freedom it gives to its citizens, democracy is the mother of chaos, disorder, corruption and retarded growth with very slow progress. India and China became free almost at the same time, but look at the difference in their progress and development? In fact , China's freedom came two years later in 1949, however, it is not only economically and militarily miles ahead of India but it has successfully managed its internal crisis. China is the rising world power, while India is nowhere. It cannot even manage its neighbors, while China is rubbing shoulders with USA, who is under debit to China to the tune of some 1.5 trillion dollars.
Indian media , the voice of so called Indian democracy, misuses the freedom to strike at the very roots of democracy. Irresponsible freedom often leads to chaos and disorder and so it happens in India. Other day, Salman Khan issue had so much dominated the Media, one wonders,if this only was democracy. The chaos on the roads and in front of Salman's house was the result of the hype created by media. The mob was uncontrollable. In such a scenario, if some Anti -National elements would have played the mischief, the same media would have cried hoarse on the lack of proper security arrangements.
Indian media lacks socio-politico responsibilities and it is time to come down heavily on it. If need be, allow only two or three responsible news channels. Noise makers like ARNAB GOSWAMI, KARAN THAPAR, RAJDEEP SARDESAI and their elk, should be sent packing. We already know as to how Indian media had inadvertently helped the perpetrators of Mumbai 26/11 terrorist attack! In its exuberance o enhance TRP , they put security forces operations in jeopardy. Therefore, rather than being a fourth pillar of Democracy, Indian press and media are the chief destroyer of democracy.
Indian judiciary is another system that weakens the democracy from inside. Blinded by colonial era legal system, judges forget the social and political impact of their judicial verdicts. The judiciary adds to worst kind of chaos. Take the Salman Khan case. The case has taken 13 years to pronounce him guilty, while it was open and shut case on Day One. If he was to be punished, it should have been done in 2002. Why did it allow it to be dragged? Same judgement could have been given then. It allowed the accused to manipulate the system and now it has come out with a judgment, when even victims of "Salman's -driving -act -folly"are not happy with the punishment meted out to him. Justice delayed is justice denied. Unfortunately, judiciary does not itself understand the golden rule of its own jurisprudence.
How rotten has become the judicial system is evident from the latest blog by Justice Markandey Katju, who has posted an e- mail from some one who complained about the scam in recruitment of lower judges in the Delhi High Court. If this is the state of affair in the national capital, under the very nose of Supreme Court of India, one can imagine how worse things would be in other places? Here it is what happened, an extract :-----
"------To mark_katju@yahoo.co.in Today at 10:29 AM
Your Lordship,
I write to you on a matter of great concern. Time and again through your judgments, editorial columns in prominent newspapers and facebook posts you have highlighted various problems which plagued the Indian society, the police atrocities as well as the various malpractices prevalent in the judiciary in India. You also have authored the landmark judgment of ''Sakiri Vasu v. State of U.P'' highlighting the doctrine of implied power and many other landmark judgments.
The present case which now I want to brought to your kind notice is a glaring example of malpractice going on in the recruitment to the lower judiciary through Delhi High Court. This latest case is a classic example of delay, favoritism, nepotism, arbitrariness and complete negation of judicial ethics by the Delhi High Court. It is an ordeal of hundreds of lower judiciary aspirants who recently suffered due to nepotism in Delhi High Court.
The factual matrix of the case is that: The recruitment notification of the Delhi Judicial Services 2014 examination was issued way back in February, 2014. The Mains examinations were already being held last year on 11 and 12th of October, 2014. More than six months have elapsed since then but the result of Mains examination were not declared. After seven months the results of Mains exam were declared (whose copy is enclosed as attachment) on 1st May, 2015. To the shock of hundreds of judiciary aspirants, only FIFTEEN candidates were declared as qualified.
What raises the eyebrows is the fact that the candidate who topped the exam with roll number 543 (copy of this result enclosed as an attachment) is the daughter of O.P. Gauba who is one of the sitting judge of Delhi High Court. Another Candidate whose name is with roll number 407 is the daughter of one of the sitting judge of Delhi High Court namely V.P. Vaish. Rest of the thirteen candidates barely managed to secure the minimum qualifying marks. This fact is mainly inferential but does not this call for a probe into the matter that how only these handful of selected candidates with such an influential background managed to clear the exams with flying colours when rest of the 654 candidates were failed by huge margins. Is this not to be termed as arbitrary marking and checking of answer sheets so as to promote ones own sons and daughters.------------------"
Judiciary ought to be asked to deal with cases of different nature in specific time frame. Cases like Stalking or Rape or Molestation of women must be decided within six months. Similarly, hit and run cases be done away within a time frame of 3-4 months. They should not linger on for years on. Judges must not be lenient on the lawyers and allow them time to hoodwink. I personally know of a stalking case, where the accused is a lawyer and he has been able to drag the case for two years and still there was no end insight. The case is open and shut but sympathetic to accused lawyer, it is allowed to drag on. There are numerous examples, when we see kidnappers, muderers and extortionists roam freely on bail for years on. Lawyers and Indian law are the weakest point of Indian Democracy. They create confusion and disorder.
Why does corruption take place? It is because there was no fear of authority amongst government servants. Why do old timers use to appreciate the British Colonial administration and judicial system? There were instant punishments for wrong doers. Summary disposals used to take place. The result was that there was orderliness and discipline in the system, which Nehruvian model has destroyed and created a self -devouring Indian system of Democracy. The only thing Indian democracy has done is to create functional disharmony among its people. Instead of tackling poverty and illiteracy, Nehru went in for Heavy Industry. Instead of tackling inherent lingual and regional cleavages within Indian polity, Nehru went in for linguistic reorganization of states. Instead of improving upon the economic plight of down trodden, Nehru introduced a system of Reservation, which created another privileged class and further divided the society. Social and religious alienation has only added to frustration of the people, which is the mother of tension, violence and hatred.
Third factor militating against Indian democracy is electoral and political system of governance. It is a system, where Government can not rule. a lot of political adjustments and compromises are to be made to run the government's. Take the simple case of land acquisition bill. The government has been struggling to get it passed because of minority in Rajya Sabha. At first place, one does not understand the usefulness of Rajya Sabha. It has been blindly copied from West Minister Abbey system of UK. It must be done away with. In fact, increase the strength of Lok Sabha. There should be direct election to Rajya Sabha. The winner in General Elections goes to Lok Sabha and the runners up goes to Rajya Sabha. The party, which has a majority in the combined strength of Lok Sabha and Rajya Sabha, should form the government at the centre. It can thus, smoothly run its government for five years. Same kind of a system has to be evolved for the states.
Other than the unbridled freedom it gives to its citizens, democracy is the mother of chaos, disorder, corruption and retarded growth with very slow progress. India and China became free almost at the same time, but look at the difference in their progress and development? In fact , China's freedom came two years later in 1949, however, it is not only economically and militarily miles ahead of India but it has successfully managed its internal crisis. China is the rising world power, while India is nowhere. It cannot even manage its neighbors, while China is rubbing shoulders with USA, who is under debit to China to the tune of some 1.5 trillion dollars.
Indian media , the voice of so called Indian democracy, misuses the freedom to strike at the very roots of democracy. Irresponsible freedom often leads to chaos and disorder and so it happens in India. Other day, Salman Khan issue had so much dominated the Media, one wonders,if this only was democracy. The chaos on the roads and in front of Salman's house was the result of the hype created by media. The mob was uncontrollable. In such a scenario, if some Anti -National elements would have played the mischief, the same media would have cried hoarse on the lack of proper security arrangements.
Indian media lacks socio-politico responsibilities and it is time to come down heavily on it. If need be, allow only two or three responsible news channels. Noise makers like ARNAB GOSWAMI, KARAN THAPAR, RAJDEEP SARDESAI and their elk, should be sent packing. We already know as to how Indian media had inadvertently helped the perpetrators of Mumbai 26/11 terrorist attack! In its exuberance o enhance TRP , they put security forces operations in jeopardy. Therefore, rather than being a fourth pillar of Democracy, Indian press and media are the chief destroyer of democracy.
Indian judiciary is another system that weakens the democracy from inside. Blinded by colonial era legal system, judges forget the social and political impact of their judicial verdicts. The judiciary adds to worst kind of chaos. Take the Salman Khan case. The case has taken 13 years to pronounce him guilty, while it was open and shut case on Day One. If he was to be punished, it should have been done in 2002. Why did it allow it to be dragged? Same judgement could have been given then. It allowed the accused to manipulate the system and now it has come out with a judgment, when even victims of "Salman's -driving -act -folly"are not happy with the punishment meted out to him. Justice delayed is justice denied. Unfortunately, judiciary does not itself understand the golden rule of its own jurisprudence.
How rotten has become the judicial system is evident from the latest blog by Justice Markandey Katju, who has posted an e- mail from some one who complained about the scam in recruitment of lower judges in the Delhi High Court. If this is the state of affair in the national capital, under the very nose of Supreme Court of India, one can imagine how worse things would be in other places? Here it is what happened, an extract :-----
"------To mark_katju@yahoo.co.in Today at 10:29 AM
Your Lordship,
I write to you on a matter of great concern. Time and again through your judgments, editorial columns in prominent newspapers and facebook posts you have highlighted various problems which plagued the Indian society, the police atrocities as well as the various malpractices prevalent in the judiciary in India. You also have authored the landmark judgment of ''Sakiri Vasu v. State of U.P'' highlighting the doctrine of implied power and many other landmark judgments.
The present case which now I want to brought to your kind notice is a glaring example of malpractice going on in the recruitment to the lower judiciary through Delhi High Court. This latest case is a classic example of delay, favoritism, nepotism, arbitrariness and complete negation of judicial ethics by the Delhi High Court. It is an ordeal of hundreds of lower judiciary aspirants who recently suffered due to nepotism in Delhi High Court.
The factual matrix of the case is that: The recruitment notification of the Delhi Judicial Services 2014 examination was issued way back in February, 2014. The Mains examinations were already being held last year on 11 and 12th of October, 2014. More than six months have elapsed since then but the result of Mains examination were not declared. After seven months the results of Mains exam were declared (whose copy is enclosed as attachment) on 1st May, 2015. To the shock of hundreds of judiciary aspirants, only FIFTEEN candidates were declared as qualified.
What raises the eyebrows is the fact that the candidate who topped the exam with roll number 543 (copy of this result enclosed as an attachment) is the daughter of O.P. Gauba who is one of the sitting judge of Delhi High Court. Another Candidate whose name is with roll number 407 is the daughter of one of the sitting judge of Delhi High Court namely V.P. Vaish. Rest of the thirteen candidates barely managed to secure the minimum qualifying marks. This fact is mainly inferential but does not this call for a probe into the matter that how only these handful of selected candidates with such an influential background managed to clear the exams with flying colours when rest of the 654 candidates were failed by huge margins. Is this not to be termed as arbitrary marking and checking of answer sheets so as to promote ones own sons and daughters.------------------"
Judiciary ought to be asked to deal with cases of different nature in specific time frame. Cases like Stalking or Rape or Molestation of women must be decided within six months. Similarly, hit and run cases be done away within a time frame of 3-4 months. They should not linger on for years on. Judges must not be lenient on the lawyers and allow them time to hoodwink. I personally know of a stalking case, where the accused is a lawyer and he has been able to drag the case for two years and still there was no end insight. The case is open and shut but sympathetic to accused lawyer, it is allowed to drag on. There are numerous examples, when we see kidnappers, muderers and extortionists roam freely on bail for years on. Lawyers and Indian law are the weakest point of Indian Democracy. They create confusion and disorder.
Why does corruption take place? It is because there was no fear of authority amongst government servants. Why do old timers use to appreciate the British Colonial administration and judicial system? There were instant punishments for wrong doers. Summary disposals used to take place. The result was that there was orderliness and discipline in the system, which Nehruvian model has destroyed and created a self -devouring Indian system of Democracy. The only thing Indian democracy has done is to create functional disharmony among its people. Instead of tackling poverty and illiteracy, Nehru went in for Heavy Industry. Instead of tackling inherent lingual and regional cleavages within Indian polity, Nehru went in for linguistic reorganization of states. Instead of improving upon the economic plight of down trodden, Nehru introduced a system of Reservation, which created another privileged class and further divided the society. Social and religious alienation has only added to frustration of the people, which is the mother of tension, violence and hatred.
Third factor militating against Indian democracy is electoral and political system of governance. It is a system, where Government can not rule. a lot of political adjustments and compromises are to be made to run the government's. Take the simple case of land acquisition bill. The government has been struggling to get it passed because of minority in Rajya Sabha. At first place, one does not understand the usefulness of Rajya Sabha. It has been blindly copied from West Minister Abbey system of UK. It must be done away with. In fact, increase the strength of Lok Sabha. There should be direct election to Rajya Sabha. The winner in General Elections goes to Lok Sabha and the runners up goes to Rajya Sabha. The party, which has a majority in the combined strength of Lok Sabha and Rajya Sabha, should form the government at the centre. It can thus, smoothly run its government for five years. Same kind of a system has to be evolved for the states.
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