THE PRESENT LEGAL & CONSTITUTIONAL SYSTEM OF BHARAT -
We are back again and this time we are heading into the rough waters of politics again and again repeat our same disclaimer that we want to inform and generate a healthy debate over this issue and not to create a ripple, hungama, or scandal in our Bharat. What we are raising over here is a very valid point and we want our fellow Bharatiya people to at least have a thought about what we want to say. So here goes:-
The present constitutional and legal system of our country are a direct offshoot of the erstwhile British era. Our constitution has been framed by taking into consideration all the "good" points from all the major democratic systems of the world; but it is a matter of fact that the base template of our constitution is nothing but the Government of India Act 1935. After the creation of our constitution, there have been a total of 100 amendments to the same so far as on August 2015. Strange that a country of nearly 100 Billion find every thing hunky dory in our legal framework except a mere 100 points to change in a span of nearly 70 years! Anyways, that's again not the point - sorry for the distraction.
Our point is that the British era legal systems were framed, particularly the GoI Act 1935, in order to just delay the departure of British from their colonies like Bharat. They wanted to create a legal framework wherein it would become next to impossible for a common Bharatiya to get justice and extremely easy for the lawmakers to bend, interpret, and implement the laws as per their whims and fancies so that there is minimal "technolegal" resistance from the then "intelligentia" of Bharat who wanted to free our country through "legal" means (which was nothing but negotiating with a hungry wolf by calling it for a tea party hoping that it won't eat you!). So, the Britishers just made circulatory laws and went on creating committees and commissions for creating more circulars and interpretations of the previously made laws. This led to the creation of a huge amount of literature regarding even simple subjects like theft or robbery (cases which are pretty straightforward and where the chances of ill-intentions are on a rare basis). This huge literature in turn lead to delaying of judgements and thus delaying of justice for the common poor Bharatiyas who had no where to approach in order to get justice. Ultimately this was the cause for the huge resentment in the masses and the various revolutions that took place in the country. Justice delayed is nothing but justice denied and when justice is denied to someone who is true, where will s/he ultimately go rather than taking up justice in his/her own hands - which will ultimately increase the crime rate in the society.
WHAT WE SUGGEST?
Nothing but a lean and mean constitutional system wherein the judgement systems are fair, fast, and transparent. How to do this in the present scenario?
1. The best step would be ask suggestion and public opinion regarding changes to be brought in various Acts and sections of the law and make it more "Bharat" oriented rather than any community or section oriented.
2. There are presently more than 3 Crore cases pending in total in all the courts in our country. If you consider even the minimum number of two contesting individuals for each case then also it translates into nearly 6 Crore people seeking justice in our Bharat, which is nothing but nearly 4.6% of our population. So you can say that out of every 100 person in our country a minimum of 4-5 people are victims of some or the other injustice. And as the old saying goes, one rotten fruit can destroy the entire basket - imagine what 4 to 5 discontented people can do if somebody gives a vent to their discontent?
3. What we suggest is that the present system of British era courts need to be changed. There should be at least one junior judge in every police chowki in our country who will be looking after the investigation in tandem with the police and deliver instant justice based on prima facie evidence. For example, if a person is coming to the police with the complaint of being beaten up in public, at least the police and the judge can arrest the culprit and give him "primary punishment" instantly based on witness accounts. Anyways, you will be doing the same thing after 6 to 8 months of paperwork and summoning of the culprit but then presently what happens is that the culprit simply manipulates the witnesses and gets away. This is how gundaraj is formed in many small towns and villages in our rural badlands!
4. All "small-level cases" like theft, beating, chain-snatching, etc. wherein no physical injury or death or any major economic loss has happened can be dealt at this junior judicial level only at the police chowki itself and that need not be escalated to the higher judiciary. This will free the already time-strapped judges to concentrate on higher-level criminal and civil cases and dispose them speedily. The same can be applied to Section 138 cases (cheque bounce cases) because majority of the pending cases in our courts relate to the same.
There are many other options and suggestions that we would like to offer but due to space constraints, we will be discussing the same in our coming articles. But what is required is the will of the people to implement this and change our Bharat for the better - if not for us, then at least for our children so that they can live in a safe, sound, fair, and transparent environment.
India does not have the fundamental infrastructure of equality under law and rule of law. India is neither a democracy nor secular except that it praises itself so. It persecutes some, by “Four legs good, two legs bad” mythology based law, on the basis of religion, caste, tribe and so on for the benefit of others.The descendants of those who were People of Dharma prior to the British turning them into a minority faction within "Hindus" in 1921 were turned into Constitutionally Third Class citizens by the Indian Republic in 1949 which confiscated their temples, treasures, lands, educational institutions and other commonwealth together with their religious freedoms in 1959. India must first get itself a Constitution that creates a level playing field that permits competence and integrity to develop in an atmosphere of constantly rising standards and accountability. Without this, India will remain a nation of modal mediocrity seeking that elusive chimera of backwardness as the sole passport to education, employment.
ReplyDeleteThe Constituent Assembly was not a legitimate representative body. It was elected by suspended provincial legislatures who were elected on the basis of Council of India Act, 1935. Election made was not on the basis of universal suffrage rather on the basis of selected franchise bestowing voting rights on the mere 3% of population of British India, ignoring 55% of population of Princely states. These, long back suspended provincial legislatures "elected" the constituent Assembly which hoodwinked the nation since it neither represent entire 100% population of Princely India and 97% population of British India. The plagiarized constitution was, in fact, copied by Lord Maurice Gwyer, ex-chief justice of Delhi High Court, who accompanied "Bhadwa" Mountbatten. On insistence of these foreigners spineless Jabberlal Nehruddin prevailed upon the Constituent Assembly to ratify it.
Nothing will change until: (1) Inequality under law and exceptions to the rule of law are expurgated from the Constitution and laws of India. (2) Bribe Taking is defined as criminal extortion or treason and made a capital offense with special rules of evidence and special courts with summary powers (akin to a Military Court Martial). (3) All court proceedings are video graphed and archived for public viewing and can be used as evidence to prosecute Judges and Magistrates at all levels under special laws and special courts with summary powers akin to a military Court Martial, for insouciance, negligence, tardiness, dereliction of duty, disregard for law and propriety, behaviour unbecoming of a Judge such as lack of etiquette and manners, (4) every job on the "Public" i.e. Government Pay Roll has specific and unique Key Responsibility Areas, Key Performance Parameters and Objectives for which they are held accountable on pain of summary dismissal for non-performance or life imprisonment for treason for sabotage under special laws and special courts with summary powers akin to a military Court Martial and (5) India creates an Ombudsman Service of reemployed and retrained military officers (Colonel and Below, JCOs and NCOs) who retire before 50 to serve as presiding officers, investigating/prosecuting and enforcement officers at the afore mentioned "Special Courts", one for every tehsil with powers to arrest, incarcerate, try and punish any and all from the President of India to a peon in accordance with the Special Laws framed therefor.
We fully endorse your views Sir. We request you to kindly share your views on our blog by honoring us with an article which we can publish. Your ideas are truly path-breaking ones which are the need of the hour for our nation and society. We can and we will change these rotten system together.
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