New India

Wonderful Rahul ji

2012-02-11T01:18:00.000-08:00

I am very happy and many congress and youth congress followers must be extremely happy at the way in which Shri Rahul Gandhi is leading the campaign in Utter Pradesh. When it comes to top leadership in the country, I strongly believe that there is no match for Rahul Gandhi in the country at present. I am convinced about this and many are convinced about this. The media reports that many leaders want Smt.Priyaka into active politics and the media projects as if Shri Rahul Gandhi has failed in effectively working for the party. Its an utter false notion according me and even the media, according me, can not dare to make such a thing now if the media is really independent. Shri Rahul Gandhi has undoubtedly emerged as a very strong leader in the party and in the country and many congress supporters believe that he expand the party further and can effectively lead the party.

His speeches in utter pradesh, press briefings, answering media queries instantly, are really wonderful and convinced me and must have convinced even the critical congress leaders in the country, that Shri Rahul Gandhi has emerged as a hope for leading the party in the near future through-out the country. It is known that Shri Rahul Gandhi is leading the party well now and even at the place of Smt.Sonia Gandhi, Shri Rahul Gandhi will emerge as most powerful and effective leader in the party. Thats what many believe and should believe.

I always feel that Shri Rahul Gandhi is doing a great job for the party, but, the party is not with him. Its not a vague statement, but, its true statement and now it appears that Shri Rahul Gandhi has established himself in the party with his own efforts and not with the power and the legacy as such. If anyone listened to the manner in which the party spokes person answered the critics in the past about Rahul Gandhi, then, they can understand the situation. I don't understand as to why these people representing the party can not effectively advocate and defend our leader Shri Rahul Gandhi. They will avoid questions as if they are asked to avoid these kind of questions since Shri Rahul Gandhi is the son of Smt.Sonia Gandhi. This is the impression one gets truly. We want this to change.

Congress supporters want Shri Rahul Gandhi to focus in the party affairs through-out the country. Shri Rahul Gandhi may not be concerned at his image, but, the Congress supporters are infact concerned. The state level leadership of the party and the people participating in television debates at the state level, should know what Shri Rahul Gandhi has done in Utter Pradesh, doing in Utter Pradesh, his ideas, encouragement to youth, his attitude of taking challenges, standing firmly for secular values and his patience and quality of listening to 'intelligent counsel'. The managers of Shri Rahul Gandhi and the core team as people refer, should actively focus on this. We are eager as to how Shri Rahul Gandhi actively involves in the affairs of the party through-out the country.

Many honestly believe what I have said above. We can ask any independent and senior press person who has followed Shri Rahul Gandhi's campaign and he will definitely say what I have said above.

I always believe that Shri Rahul Gandhi has not been advocated properly by the party and this is to be corrected in the interest of the party and in the interest of the people of this country if not for the image of Shri Rahul Gandhi per se. Of course, all Congress people, followers of Shri Rahul Gandhi must be concerned as to how their leader and the future leader of the party at the top is being projected and image too matters.

Shri Rahul Gandhi, for sure, is in discussion among the congress circle and the people of this country than anyone in the party now and even than Smt.Sonia Gandhi and Manmohan Singh. This happened without the active support from the party men or the party as I believe and many believe.

And again, senior leadership should also learn as to how to encourage and support the young leadership as has been done by Shri Digvijay Singh as being projected in the media than fighting for posts.

Great work Rahul ji - Jai hind.

Note: the views expressed are my personal and do not represent anyone or organisation.

Young Congress Leader's role after UP elections?

2012-02-08T10:12:00.000-08:00

Opposition parties, analysts in Utter Pradesh and everyone admits that Shri Rahul Gandhi is proceeding with most effective campaigning in Utter Pradesh. Irrespective of election results, everyone praises Shri Rahul Gandhi now and everyone knows this in Utter Pradesh if they are unbiased thinkers. Smt.Priyanka Gandhi has made it very clear that Shri Rahul Gandhi is not eyeing on Party President's post and the Prime Minister's job and concentrating only on building organisation. Every political party in this country has an apparent communalism attached to it. BJP is seen and identified as Hindu centric and they have got some permanent strong supporters, but, even then, they may not be winning elections in future. Many local parties have the same way of functioning and as such, their organisations seems to be strong. For example, in Andhra Pradesh, Telugu Desam is strongly backed by 'Kamma Community People' though they are of only 4% in the population. Now, the Jagan's party in Andhra Pradesh has the support from Reddys and Mala Community people mostly and as such, they could establish the organisation so fast. Chiranjeevi Party in Andhra Pradesh, in the past also has effective organisation and organizers, but, that party has lost the elections. Same is the case with TDP in Andhra Pradesh also.

Congress Party, being a secular party, may not have strong organisation as compared to others and still win the elections. Congress supporters are mostly liberals and they keep changing their thoughts also. As Congress is secular, and as politics are being communalised now than never before, Congress can be battling with the organisational issues continually and its likely to continue also.

But, all Congress supporters wants the next generation leadership and especially Shri Rahul Gandhi to concentrate on all states immediate to this U.P elections. The Organisation in all States should be made to concentrate on this. The Organisation can not confine only to the issues of UPA, Smt.Sonia Gandhi, Dr.Manmohan Singh etc., but, it should also advocate the next generation leadership and what they intend to do. Soon, there should be transformation in the party and young leadership should come-up or at-least should take more active role through-out the country. Proper planning is needed in this regard, but, it is the right time to take the momentum forward.

Note: the views expressed are my personal and do not represent anyone or organisation.

Beurocrats questioning CBI in Andhra Pradesh?

2012-02-08T09:55:00.000-08:00

In an unprecedented way, Beurocrats have questioned the CBI and its way of functioning in Andhra Pradesh. I don't think that it will have any impact on CBI being the country's premier organisation, but, the beurocrats have organized a bizarre press conference admitting their mistakes and calling themselves as 'small fish'. Beurocrats should co-operate with the Government in administration and I believe that they will co-operate and will be made to co-operate with the Government in order to serve the people effectively.

But, this episode makes the things easy for CBI to arrest 'big people' in future and proceeding with the investigation effectively and to nail the real culprits. Beurocrats are not supported by anyone in the public in Andhra Pradesh though their theory of 'small fish and big fish' may reach the people.

Note: the views expressed are my personal and do not represent anyone or organisation.

Rahul Gandhi - the LEADER

2012-02-04T10:33:00.000-08:00

As against the continuous unreasonable criticism of Shri Rahul Gandhi by the media, I am extremely happy to be the follower of Shri Rahul Gandhi. Even most of the Congress people do not understand Shri Rahul Gandhi properly as I believe and as I can understand from the way they deal with the criticism against Shri Rahul Gandhi.

What is wrong if Shri Rahul Gandhi says that there should be change in politics and everyone is welcome in the political area even without any kind of background?

What is wrong if Shri Rahul Gandhi says that the educated should have fair political knowledge and should follow politics even if they are not into politics?

What is wrong if he tries to democratize the Youth Congress?

What is wrong if he tries to take the responsibility to build the party in states like Bihar, Utter Pradesh & Tamil Nadu?

What is wrong if he takes certain stand in the interest of the country even if such a stand is perceived to be not popular?

What is wrong if he visits the poor families and spend some time with them?

Everyone has a right to criticize anyone in public life. But, Shri Rahul Gandhi is being critized by communal forces unreasonably and it is continuing and finally, they will see what happens. Many Congress supporters think as to what happens in the absence of guidance and leadership to the party by Smt.Sonia Gandhi. Everyone wants Smt.Sonia Gandhi to be at the top in the party, but, many were thinking at the next generation leadership and effective leadership.

Now, I am very happy that Shri Rahul Gandhi will be leading the party effectively and even the critics of Congress and the regular critics of gandhi family should have understood this by now. The UP campaign has been excellent and I am very happy to listen to Shri Rahul Gandhi dealing with all issues and speaking in national perspective though he campaigns in an important state. Its really wonderful. Shri Rahul Gandhi fights for secular values, takes the responsibility without fear, stands-up for truth, recognizes the intelligent counsel and these are the qualities of a leader and not playing opportunist and destructive politics.

Many Congress supporters especially the young congress supporters want Shri Rahul Gandhi to take much bigger and direct role in the Party and I am confident that he will emerge as a powerful leader leading the party. He is already saying that he is not concerned at the election results and continuous to fight for the people.

The way Shri Rahul Gandhi referring to the legacy of Shri Nehru, Smt.Indira Gandhi, Shri Rajiv Gandhi, Smt.Sonia Gandhi and Shri Manmohan Singh, the policies of UPA, the difference between NDA and UPA policies, and issues are really great and Shri Rahul Gandhi is unstoppable now and I hope that this momentum continues and I hope that Shri Rahul Gandhi will directly deal with the party issues from the front even immediate to these elections and irrespective of the results.

I strongly believe that even Smt.Sonia Gandhi and Dr.Manmohan Singh may be feeling very happy to understand the situation and reality. And the next generation can successfully take-over.

Note: the views expressed are my pesonal and do not represent any organisation.

The media debate and the views of Justice Markandeya Katju?

2011-11-13T23:06:00.000-08:00

I have had the privilege of learning and observing Justice Markandeya Katju when he was the Chief Justice of Madras High Court. My friends are angry at that time when Hon’ble Justice Katju used to discourage ‘Public Interest Litigations’, as they feel. I remember Justice Markandeya Katju passing a judgment making strong observations on ‘Public Interest Litigations’ when he was the Chief Justice of Madras High Court. What I have also noticed at that time is that Justice Katju has a great concern for the functioning of the judiciary and also standards in profession. He is such a bold judge and speaks from the heart and many may have disagreements with his views. What I felt at that time is that the provisions for ‘Public Interest Litigation’ is misused most of the times and at the same time, the Judiciary can really contribute something good if it is used in the right direction and with right intent. I have had the privilege of observing the proceedings pertaining to ‘Public Interest Litigations’ and had the opportunity to work in a few ‘Public Interest Litigations’ while I was working with a Senior Advocate. I have had the privilege of working in a big pollution case and a Public Interest Lawyer doing exceptionally god job in the interest of the society and many agriculturists. It was a case where the litigation went and is going-on against a might ‘Textile Industry’ in Thirupur, Tamilnadu. Most of the industries are closed now with a detailed order passed by Justice A.P.Shah while he was the Chief Justice and the issue is still being monitored by the Court. We were taught about doctrine of ‘Sustainable Development’ and the doctrine is good if our environmental regulations are implemented well. A complicated balance is to be made in this regard and it is not easy to deal with the subject and I believe that it is not easy even for the Government and the Courts to deal with the issue.

Coming to the issue of media, I am extremely happy to listen to the bold views expressed by Hon’ble Justice Markandeya Katju. Media and especially electronic media plays both constructive and destructive role in our society. Than playing constructive role, the media is playing destructive and working mainly to promote the interests of the ‘vested interest groups’. Many political parties have also started their own ‘News Channels’ and many may have objections to this trend. However, this trend should actually be welcomed as even in the absence of a TV Channel for a Political Party openly, they can indirectly control or own TV Channels. Instead of allowing them to take this indirect route, it is to be encouraged if they take direct route and ultimately, it is for the viewer to take a decision as to where to get information and which information is reliable according to them. There is a problem with this trend too, but, no one can do anything with this and it’s a complicated issue.

Many may have strong opinions about media and they have their own reasons as to why they want strict regulations to media. However, political parties and prominent people may not come openly to criticize media and it is more so where people needs media for exposure. It doesn’t mean that people are not angry at the way in which our TV Channels are run in this country. There can be some good and really independent media too and in the competition, this good and independent media will loose in the race and they may not be able to compete with the corrupt media backed by powerful people and lots of money.

When Hon’ble Justice Markandeya Katju has expressed his opinion at controlling media and his criticism, the Media Association apparently is so angry and they defend their self-regulation. This country and the courts in this country will never allow unreasonable restrictions on media and its for sure. But, to say that they regulate themselves and they are above regulation, may not be acceptable to the people of this country and I believe that voice for some kind of regulation will certainly grow. It is in the best interests of the media that they should be reasonable and should listen to critics too. If they continue to say that no one can criticize media and they are above suspicion, then, there will be overwhelming support for the Government at one point of time, asking for strict regulations. There is an example for this. The judiciary and the people connected to the judiciary used to defend the ‘independence of judiciary’ and many were hesitant to comment on Courts earlier. Now, no one is exercising restraint when it comes to criticizing judiciary and there is a strong demand for sincere steps to correct our judiciary now. People thinking that they are holding constitutional posts and can not be touched under any circumstances, will face heat soon and it is for sure. The reason is simple that India is growing and with the growth, there will be enlightenment. If we seek to be a Global Power, concentrates on building world-class Airports etc., people will not tolerate the inefficiency in judiciary. It is true that its complicated problem linked to politics and I believe that turning clock-back would really be extremely difficult when it comes to correcting the ‘Indian Judiciary’ or ‘Indian Legal System’. It may not be case with media and if there is strong public opinion against controlling media, then, definitely, there will be control and strict regulations irrespective of the possible threat to run an anti-government campaign and agitation. They should never think that they are above criticism and no government can touch them and it’s an over-estimation of media if they think in those lines.

Though I have disagreements with some views expressed by Justice Markandeya Katju, I am extremely happy to listen to his view as to how media should play an important role while we cross the ‘transformative period’. He says that we are getting transformed from agricultural/feudal system to industrial age and in Europe media has played tremendous role during ‘transformative period’. Though this can further be elaborated, I am absolutely certain that media can play destructive role in this country and can destroy this country. I want to give two examples to this:

First Example:

There was an agitation in Andhra Pradesh asking for a separate State. The Central Government has made an announcement to form ‘Separate Telangana’ and thereafter, with the counter agitations, the Central Government had to go-back from its announcement. With these agitations, there was unrest in Hyderabad for a considerable time.

During this time, the media has fuelled the agitation further through its debates and provoking people and indirectly provoking violence. Anyone can find this if they look the way in which the debates are conducted by the regional Television Channels in Andhra Pradesh during that period. Media can report facts, but, they should also exercise restraint while dealing with sensitive issues. I remember ‘Ministry of Broadcasting’ giving some guidelines to the regional channels in Andhra Pradesh during that time and that fact too was made open by the media.

While the media can expose and represent the aspirations of the people, they have done a great damage to Hyderabad and every Channel has competed to conduct provocative debates for their ratings.

Is this not amounting to playing a destructive role?

Second Example:

Many eminent people believe that media has played a very great role in building ‘Brand Anna’ and they have openly criticized the media for their provocative way of projection. Media can believe that ‘Anna Hazare’ is a great role model and he needs focus. Media can also promote ‘Jan Lokpal Bill’ while giving due weightage to the expressions of others opposing ‘Jan Lokpal Bill’ or certain provisions of ‘Lokpal Bill’. There can be people opposing the ‘Lokpal’ set-up and they may demand for some other measures for systematic reforms for eradicating corruption.

Media has given lot of importance to the ‘Anna Hazare Campaign’ and they only knows as to how they could allot such huge ‘air time’ for these people. Corporates can clearly influence media though it can not be said that they are influencing media unless there is clear evidence to that effect. Electronic media depends upon corporates and their advertisements and as such, there will be clear ‘corporate effect’ on media and if corporates or if industrial bodies wants to promote something using media, then, they can do it very easily.

The point is simple here. If anyone takes the clippings of ‘Times Now’ and few other channels covering the agitation on ‘Ram Lila’ and candle march issue, then, no prudent and enlightened Indian will support such a provocation provoking people to attack parliament and to obstruct politicians. But, media has done it cleverly though many criticized such an exercise. That was a sensitive issue. The Government could not treat it as a law and order problem and had to exercise lot of restraint after the episode of keeping ‘Anna Hazare’ in Tihar for sometime.

The ‘Anna Hazare’ episode has made it clear to many that media can change governments easily and by making such a point, they are inviting lot of criticism and I am sure that they may not be able to restrain ‘regulations’ in the near future.

Like-wise, there are so many examples. When it comes to debates conducted by some news channels about the opposition to the ‘Nuclear Plants’, the channels do conveniently forget one-thing.

Definitely, there can be opposition to ‘Nuclear Power’ due to the fear of ‘Nuclear Accidents’. It is understandable. But, the position of the Government, as understood, with regard to ‘Nuclear Energy’ is as follows:

India needs to increase its energy production capacity for our industrial needs and without focusing on ‘energy security’, India can not aspire to be on ‘developmental path’ continually.

Government of India has never said that our 80% energy requirements are to be met by ‘Nuclear Energy’ and our only ambition is to increase it to 20% if everything goes well.

Government of India has maintained that the main focus will always be on finding ways to improve alternative energy resources like Solar etc. Till any such potent alternative energy resource becomes viable to India, we also need to depend on ‘Nuclear Energy’ to a minimal level.

Many News Channels regularly conduct debates on this issue. But, the media forgets to emphasize the present level of reliance of ‘Nuclear Power’ in India and our minimal ambition. They focus as if India is going to building umpteen numbers of reactors and is going to completely depend on ‘Nuclear Energy’. The projection is wrong.

Media can discuss these issues, but, needs to be more responsible. When media focus on ‘safety issues’ and even technology issues, people appreciate it. But, irresponsible way of presenting facts and presenting views, are proving to be destructive to the country.

When it comes to regulating media and the responsibility of media, it would become a very big subject and many details needs to be closely studied.

What Justice Markandeya Katju has said and is possible?

The more media says that they can not be regulated, there will be pressure to regulate them and they should first realize that. They should persuade Justice Markandeya Katju and should be gracious enough to admit irregularities or possibility of committing errors.

Enlightened people of India supports Justice Markandeya Katju on his bold comments on media and their responsibilities.

What I feel is that media is a ‘business’ and they should be free to promote anything and they can give importance to IPL or may promote Formula One Race. Some channels may allot more time to this and some channels may allot time to other issues. There are so many News Channels and it is for the viewer to decide as to which channel and programme he or she wants to follow. And, it is subject to established practice.

What is objectionable is that the manner in which media deals with ‘sensitive issues’, paid-news/debates. This is very important area and there should be an effective and really independent mechanism with statutory backing in this regard. In rarest of rare cases and in Public Interest, an independent regulator should be in a position to issue guidelines to all the media and if the guidelines are violated, then, there should be fine and in extreme cases, even the license is to be cancelled.

There are disturbing trends and practices in Electronic Media. Popular Channels conveniently choose their panel during discussions and make the people to form the opinion according to the wish of that particular media house. People tend to get information from media and the people may not be experts on all issues. People will form opinions based on the information they receive from media and as such, Public Interest is involved in ‘media business’ and Public Interest demands ‘fair play’.

There is also a trend now to conduct SMS Poll on some point or issue. This poll should actually be banned as the Channel can show the results as they want and there is no one to see the veracity of this exercise. Based on this Poll, people may form opinions and to make the people to believe in something, the Television Channels commit irregularities and may do dramas. There may be genuine exercise of this sort from some media, but, this trend is to be looked into.

Soon, we may require a statutory watch-dog at the State Level and also the Central Level with responsibilities and also with the power to look at the complaints and the power to issue guidelines subject to a provision to ‘Appeal’ and ultimately, anyone can approach Constitutional courts when Article 19 or other fundamental rights are subjected to ‘unreasonable restrictions’ and no one can take-away such a right.

I do often listen to the guidelines issued to ‘Electronic Media’ by ministry of Broadcasting. I am not aware of the authority of Ministry of Broadcasting and as to whether their guidelines are followed or not. If the Ministry is not having the power to force the Electronic Media to follow something at rarest of rare cases, then, we need to sincerely think at establishing a mechanism like ‘Media Council’ and this set-up can be independent like ‘Lokpal’ and it may also not require lot of funding except the fact that the modalities should be thoroughly discussed.

Electronic media should be happy to debate the issues and various angles involved rather attacking Justice Markandeya Katju and canvassing it as a restriction on ‘free media’. The people, who backed ‘free media’, are asking for regulations now. And it’s a fact.

Everyone gives credit to media for their good work at times and in some areas, but, it does not mean that the media should be forgiven even if they destroy this society.

Media is mighty now and many may hesitate to comment on electronic media like Justice Markandeya Katju. They may fear of loosing the support of the media and related exposure.

I am sure that this issue will be discussed soon and will also be debated in Parliament at one point of time.

Many believe that paid-news is a reality and many News Channels are backed by vested interested people and groups and they will always try to promote their own agenda. Public interest and larger good is secondary to these people.

Note: the views expressed are my personal, my personal understanding, no intention to insult anyone and do not represent anyone or organization.

Need of correcting our ‘Indian Legal System’?

2011-09-22T05:51:00.000-07:00

We may very often say great things about Indian Judiciary or legal system. It is true that we have had great legal luminaries, who played a very important role in our democracy defending the Fundamental Rights of the people, expanding the scope of Part-III of Indian Constitution and who played a very important role in preserving and upholding the Constitutional Principles. People with no exposure to Courts, may appreciate our legal system and Indian Judiciary when they look at the intervention of High Courts and Supreme Courts in the matters of public importance. People may appreciate the intervention of the Supreme Court with the issue of appointment of ‘CVC’ recently and monitoring the ‘2G Case’. The exercise of jurisdiction under Article 226 and Article 32 of Constitution of India should be appreciated despite criticism and even our judiciary lays emphasis on exercising judicial restraint. While Public Interest Litigations are entertained by the Constitutional Courts in India, the common man may not have much work with the Constitutional Courts except approaching High Courts by filing Writ Petitions where there is a problem with the Government or the Government machinery. Or a common man may approach the High Court by filing traditional Writ Petitions like Habeas Corpus or may seek a direction to the Police Authorities seeking to register FIR etc.

What concerns the common man the most is the ‘Justice Delivery Mechanism’ at the lower level. We need not even discuss much about the ‘Criminal Justice Delivery Mechanism’ in this country as it is directly related to the Police Department or the State Government as most of the offences are treated ‘against the state or the society’. It is alleged that the Police Department is one of the most corrupt departments and they violate the fundamental rights of the people day-in and day-out. They can dilute charges, they can refuse to register an FIR saying that the preliminary investigation proves otherwise and they can implicate innocent people in the Crime. They will delay the filing of Charge-Sheet so as to delay the grant of Bail and if they are managed, they will instantly present the Charge-Sheet in Court without thinking too much as to whether they will be able to prove the case finally or not. These are all facts and allegations as many allege about our Police Department. As the grant of bail is the discretion of the Magistrate concerned unless the prosecution delays the filing of Charge-Sheet beyond 90 days, as the Magistrate can exercise discretion while concluding that the offence is proved or not proved ‘beyond reasonable doubt’ etc., people allege that there is corruption in the judiciary at the lower level in most of the cases and corruption at the Higher Level is also alleged. It is also true that the Police Department do face so many problems in proving a case by securing witness and many of the Criminal cases gets weakened due to the attitude of the witness though the Police are strong to prove their case. Even when it comes to Bail, if the Magistrate Court rejects the Bail, the accused can approach the District Court or the High Court and the High Courts, according to me, are lenient in granting Bails unless there is strong opposition from the prosecution. In most of the cases as I believe, the High Court may not even listen to any arguments in Bail Petitions and they will be looking at the antecedents of the accused, the section under which the accused is charged with and the objections from the prosecution. Though, there are so many issues with the ‘Criminal Justice Delivery Mechanism’, the rights of the accused are well protected under in our system in accordance with the Constitutional Principles. When it comes to ‘Criminal Justice Delivery Mechanism’, everyone is concerned at the ‘Police Department’ than the ‘judicial mechanism’ though there are serious allegations of corruption in Lower Judiciary especially when it comes to grant of ‘Bails’ and entertaining ‘Private Complaints’.

Most people are worried at the inordinate delay and technicalities in our Civil Courts. Whenever we talk of delay in Courts, we will listen to an emphasis on ‘Alternative Dispute Resolution Mechanism’. While the ‘Alternative Dispute Resolution Mechanism’ is to be encouraged, it can not be a substitute to ‘Traditional Dispute Resolution Mechanism’. If we see the logic as to why ‘Alternative Dispute Resolution Mechanism’ is encouraged, the logic is of two fold. One is that there is work pressure on our Courts and the second one is that the Arbitrator need not follow ‘Civil Procedure Code’ though he should be adhering to ‘Principles of Natural Justice’, ‘Substantive law’ and the settled legal principles. Even there are critics that injustice is being done using the provisions of ‘Arbitration and Conciliation Act’ and even the Arbitration proceedings are delayed with the attitude of the parties concerned, the lawyers, the Arbitrator and there are issues like frequently filing applications under section 34 of Arbitration & Conciliation Act. I believe that the ‘Alternative Dispute Resolution Mechanism’ through Arbitration works well if certain issues are focused and other Alternative Modes like Conciliation and Mediation succeeds based on the planning and co-operation of the parties concerned. It is also there that the dispute resolution through Arbitration is costly and it is better suited to commercial disputes.

When a common man had to approach the Civil Courts in this Country, the justice delivery process can be as follows:

Depending upon the stakes and capacity to pay fee, he may be able to find a good lawyer who can pursue the matter.

Assuming that a Civil Suit is to be presented in a Civil Court, the lawyer knows as to what happens with the registry for getting the Suit numbered and brought to Court for hearing.

In most of the Civil Suits, there will be Interim Applications praying for interim relief and the Court may hear the applications seeking Interim Relief ex-parte or may choose to give notice to the opposite parties.

There are modes as to how to give notice, but, the problem comes with the Court ordering notice without trying to find as to what happened to the notice earlier sent etc.

Assuming a case that the Court grants an Interim Relief in a Civil Suit, then, the opposite party can file an application seeking to ‘vacate the interim relief’ or alternatively, he may choose to challenge the interim order with the next Appellate Court if it is appellable order or may even approach the High Court under Article 227 or may file a Civil Revision Petition under the provisions of the Civil Procedure Code if the Interim Order is not an appeallable order.

If the Interim Order is appealed against, it is likely that the High Court may grant a stay and may keep the ‘Civil Revision Petition’ pending and in the meanwhile, the Lower Court will keep adjourning the Civil Suit saying that the ‘appeal is pending’.

In order to delay the process of justice delivery, any number of Interim Applications can be filed at any stage and the even judges too entertain the same. In many cases, the judges lack the required expertise in assessing the legal position quickly and the issue of competence of the lawyers is also there.

Against all interim orders, an appellate remedy is available and there are so many ways to delay the process of a Civil Suit. Advocates will be coming to Courts with many precedents with them and argue their case based on the interpretation of a single order/rule under Civil Procedure Code. But, the clients will be coming to courts and waiting endlessly thinking that the Court will pass orders in their favour. They will loose interest in the process slowly.

Court papers often go missing and the adjudication on a particular day in a particular case is not provided on-line and Lower Courts in this country are not computerized as required.

If anyone wants to fight with the system or corruption in the system, he can do nothing except writing a complaint to the Registrar concerned, or the Registrar of High Court and in some cases, the complaint is lodged with the Chief Justice of the concerned High Court. No legal professional dares to question the system as the official concerned will be prejudiced against that particular Advocate continually and in future.

There is no transparency, accountability and fear of action when it comes to the Lower Courts and these issues are to be addressed at any cost. If there are issues with the Higher Judiciary or the High Court, those can easily be corrected. High Courts very loosely entertain Civil Revision Petitions in a pending Civil Suit and the delay in disposal of Civil Revision Petitions will obviously delay the disposal of a Civil Suit. In many Civil Cases, the litigant dies, before the judgment comes from the Lower Court itself. Even when a particular litigant has deliberately ignored the judicial process, the Courts are lenient in entertaining applications seeking ‘condonation of delay’ in doing a particular thing by imposing a simple fine of Rs.500 etc. It is alleged that the discretion is often misused.

When it comes to High Court, it is alleged that Article 226, the discretion is often misused and there is no fear of action for misdeeds or misdemeanor with Constitutional Protection. Many Writ Petitions are simply admitted and kept pending and I don’t know as to why those Writ Petitions are pending except pleasing a particular lawyer as he should answer his client. Even when a Writ Petition can easily be disposed of at the admission stage itself, it is delayed emphasizing on procedure. Again, the ability of the advocates in assisting the Courts is also very important and Advocates play a very important role in ‘speedy justice’. Advocates are supposed to assist the judges well, but, the judges often criticize the lawyers even in open courts for their tardy work, lack of preparedness and at times, even a very talented and able young lawyer is also been criticized for some other reasons known to only judges and courts. All these are allegations and perceptions. There are really good judges and they may also do nothing with the system even if they are angry as to how the judiciary functions. I support the exercise of jurisdiction Article 226 against State and other officials and only through this, even a common man gets justice against the mighty government and government officials. On some important issues of public importance, some courageous judges take courageous decisions in Public Interest and the Government may not act in some cases due to political reasons even if they are convinced at something. This is the good thing about ‘Indian Judiciary’. On the agitation of ‘jats’ seeking reservations, no political party can take positions, but, the judiciary comes frankly in Public Interest.

While there should be talent in the legal profession, many young and able lawyers are opting out of legal profession and rather they prefer to serve only rich clients or may pursue their career by joining some corporate group. The systematic problem will have direct impact on the standards in the legal profession though the issue of standards in legal profession is to be related to the standards and functioning of our law colleges in India. Even if there is an attempt to correct the system, few people will join together and oppose that. There is an opposition to the simple move of ‘Bar Council of India’ recently for conducting an ‘eligibility test’ and even it is opposed. When few amendments are sought to be made to ‘Civil Procedure Code’, even those are opposed. Even if the Government has all the will to correct the system, it is not easy to correct the system now unless there is co-operation among State Government, the High Courts, the Supreme Court and the Central Government and the opposition parties especially.

Though everyone talk of the problems in our legal system and even great judges like Justice Krishna Iyer talks of these issues frequently, it has become very difficult to correct the system. But, a solution needs to be found otherwise, there will be revolution and lawlessness in the society. There will be reduction in crime rate if our judiciary functions as it should function.

The High Courts can do certain things by having internal guidelines, by supervising the lower judiciary and by taking steps to correct the issues at lower level. The Chief Justice of the High Court concerned and the Supreme Court should interfere when something is going wrong with any particular judge and there should not be any compromise in this regard. The Bar Council of India, the Bar Councils of State, the Law Department should think at correcting the functioning of law colleges in our Country on urgent basis. The Central Government should focus on simplifying the procedures in Courts and should deal with ‘Civil Procedure Code’ and ‘Criminal Procedure Code’. A lot of exercise is to be done as to how to correct our legal system and it is must now. Already we have seen an agitation where many pleaded that the judiciary should be under the supervision of a body called ‘Lokpal’. If there is Public pressure, even the courts can do nothing. What can Courts do when even Government could not prevent the anger? It is a wake-up call and the judiciary and the Government should be worried at the issues with our legal system and there should be sincere attempt to correct this system.

It is not enough just focusing on Constitution of ‘Fast Track Courts’, asking for guidelines for entertaining ‘Public Interest Litigations’ and the role of State Governments or the Government as a litigant. Many things should be done beyond.

I have had the privilege of reading a wonderful 14th Law Commission headed by Shri M.C.Setalvad and it is available with our Law Commission Website. In 60’s itself, there was a great emphasis on the functioning of legal system and there was focus as to how to correct our system. That report still holds good though certain new ideas can be invited now. Who can do such a great exercise now even if Government wants to appoint a ‘Committee’ to look into the action to be taken to correct our system? It may not be correct to completely rely on ‘Law Commission of India’ though it does a good job. An enthusiastic and a committed Judge should head a committee of experts to look into these issues and there should be enough funding for the Committee to carry-out their job and come-out with very specific proposals as to how to correct our legal system. Those proposals should be implemented and public supports any exercise towards correcting our legal system. A judge like Justice Sri Krishna or any retired judge should graciously take-up this marathon and complicated exercise of looking into our system and giving specific and workable solutions to the Government to reform our legal system.

If young talent is not interested in our legal system, then, it is not good for the system. These young brains should take the responsibility to the extent possible in the interest of the society and they should not compromise and sail with the existing system. Atleast they should think and should have an understanding of these important issues.

Note: the views expressed are my personal, no disrespect to any judge or court.

Shri Rahul Gandhi at the top inspires youth?

2011-09-17T03:59:00.000-07:00

Shri Rahul Gandhi has inspired the youth of this country and has invited the youth to take the leadership responsibility and asked the youth to take this country forward. In the current scenario, a political party should able to connect with the youth well and young leadership will be able to reach-out to the people and youth well. In the Anna Hazare debate, it is great to see the young leaders of the Party getting exposed and they have done very well and all their statements in the Television Channels on the issue are matured and clearly understood. Many are extremely happy at the leadership and vision of Shri Rahul Gandhi in inspiring the youth and in felicitating the young leadership to take the responsibility. The party should have capitalized even more at the good work done by Shri Rahul Gandhi from time to time. Congress Party is only National Party which openly backs the younger generation to take the lead and many remember the statements of Shri Rahul Gandhi promising the youth, a better place in the Indian polity without any regard to the issues of legacy, background, money power and muscle power. Even if there are set-backs with this approach, it is imperative for the party to encourage youth and younger generation leaders can very easily be able to get connected with the youth of this country.

The issue of internal democracy as being advocated by Shri Rahul Gandhi may not succeed as of now as people believe. Rather focusing on the internal democracy, if the party focuses as to how to make the people understand the issues, understand the achievements of the party and if talented youth is recognized and backed to take-up the issues, then, they will definitely deliver. Internal democracy may not deliver the results as of now, but, grooming the younger generation leadership is a must and it is the strength of the Congress Party.

Based on the media reports and knowing that Shri Rahul Gandhi is at the top of the affairs of the Congress Party really inspires youth. Under the guidance of Smt.Sonia Gandhi and other senior leaders of the party, the younger generation leaders of the party can take the party forward and can strengthen it. Whatever may be the issues, young leaders will definitely inspires the youth of this country. The experienced senior leadership may be extremely talented, experienced in managing things, but, only young leadership can connect with the youth of this country. No party can succeed in elections in future, if stress is not properly laid on young generation and at their issues.

Shri Rahul Gandhi has proved that he will never be part of destructive politics through his short speech in Parliament on 'Lokpal Movement', made amply clear that he will strengthen the secular principles of Indian democracy and made it clear that he will change the politics, come what may.

As advocated by Shri Rahul Gandhi continually and even in the Parliament during 'Lokpal Debate', hoping that the many more younger generation leaders will take the active role in leading the Congress Party and the country.

Note: the views expressed are my personal and do not represent anyone or organisation.

Change in politics inevitable in India?

2011-09-14T06:05:00.001-07:00

With GDP growth and the resultant decrease in the rate of poverty in India, there will be tremendous pressure on political parties and it will definitely lead to better governance. I don't think that the people are that much concerned at funding issues to political parties. People are really concerned that most of the leaders are inefficient and lacks the basic understanding of administration. With media playing greater role and people seeing at the Parliamentary proceedings and the proceedings of Assembly live, people and especially educated youth would extremely be angry at the our politicians. This situation will definitely change soon under compulsion. While selecting the candidates, political parties usually look at community, local clout, money power and muscle power. But, with Election Commission playing a crucial role and with all-round growth where people do not care of the money being distributed by the political parties during elections, in future, political parties can select candidates who have no money and muscle power. This can be done in many parts of the country though the situation can still be different in backward states like Utter Pradesh and Bihar etc. I am sure that the political parties will be extremely careful in future in selecting candidates during elections and this will pave the way for the educated and committed to take part in public service. We have brilliant people in politics now, but, the percentage is very nominal and the situation needs to be improved.

The only prominent politician openly talking about this is Shri Rahul Gandhi. I have heard the criticism at Shri Rahul Gandhi when some of Youth Congress Candidates did not do well in the recent Kerala Elections. Whatever may be criticism, in future, youth seeks an opportunity in public service and the election campaigns would be different in future. In future, there can be aggressive campaigning by the organization as a whole through media and other sources, the candidates will be doing campaigning through their personal websites, blogs and youtube messages. It will definitely happen. Even now, when a political party organizes meetings and rallys, many do not care at this meetings and rallys.

Nothing can prevent the change in politics in India. People are obviously concerned and angry at few individuals becoming millionares and billionares within few years using the political platform. Few in politics make thousands of crores using many routes and then, try to dictate democracy and they will be having media channels to defend them. Thus, the role of media would be extremely critical in future. People are aware of funding issues, but, people can not tolerate few leaders amassing astonishing level of wealth individually. This is a threat to the country and these people should be dealt-with strictly.

Instead of attacking the Parliament, Shri Anna Hazare should have asked all his young supporters to take part in the political system and to concentrate on the system on regular basis. Change will not come with one-day rallys etc. and the change in this country will come with meticulous planning by few intelligent individuals backed by the people. It is good to listen to the statement by Shri Anna Hazare that good politicians are to be supported and infact, if he can continue spreading this good things to the people without taking any political sides either directly or indirectly; and if the media highlights those issues too apart from issues like attacking Parliament, then, atleast, few individual can listen to him and few may willing to think at the system.

Despite the systematic flaws, this country can not be forced to make certain laws like 'Lokpal'. I was told that there was a proposal to ban criminals from contesting in elections. It is good to listen, but, with this provision, only good people will be prevented and eliminated from politics. This is reality. Police treat innocent differently and innocent very often be the soft target of powerful people and powerful people can easily escape from the legal system. Instead, there can be demand for compulsory reservation to youth & educated within the existing reservation system. Otherwise, places like Rajya Sabha and the similar set-up at State Level should be used only for the purpose for which it is there. Only educated and people with demonstrable ability should be promoted to Rajya Sabha and similar places at the State Level.

Like-wise, the so-called 'civil society' and NGOs can put-forth workable solutions to the systematic flaws instead of trying to build their own brand-name and no one in this country should be encouraged to demolish the system. No political party should try to weaken the democratic institutions instead of reforming those.

Hoping that change as being advocated by Shri Rahul Gandhi, Dr.Jayaprakash Narayan of Loksatta and others will definitely come soon and the youth will take active role in building the country rather being part of destructive politics in an innocent manner.

Note: the views expressed are my personal and do not represent anyone or organization.

Proud to listen to Shri Rahul Gandhi in Parliament?

2011-08-26T00:19:00.001-07:00

I am extremely happy to listen to Shri Rahul Gandhi in Parliament today on the on-going debate of constituting 'Lokpals'. We are not bothered as to what media says and projects about the bold and committed views of Shri Rahul Gandhi, but, many must be proud to notice that he doesn't want to be apart of the exercise of 'fooling the people' and taking some youth of this country in a wrong direction. Even when the people are sitting at Ram Lila ground, even when media wants to promote this 'Ram Lila' cinema, Shri Rahul Gandhi has spoke the real issues and proved that he is the future leader of this Country and all Congress leaders should accept the truth now and should not be scared to talk about the real issues and to speak the truth.

Irrespective of consequences and irrespective of the perception of the people as is being discussed and promoted by the channels like ‘Times Now’, it is time to take bold decisions and our polity should not be a party to the destruction of this country. Many leaders and especially opposition is a party to this ‘creation of myth’ and the stand of opposition is known to the people of India. As against the idea of all these ‘back channel talks’ etc., the Parliament is meant to discuss the real issues in the interests of the country. When the parliamentary democracy is under threat, Shri Rahul Gandhi has came-out so loudly as to why we should not demolish the democratic institutions and as to how we should not play vote bank politics. BJP has prepared to take a stand which undermines the democratic process and parliamentary democracy in this country clearly thinking at electoral gains.

Infact, many leaders and even the Congress Party could not capitalize on the great work being done by Shri Rahul Gandhi continually. He spoke on several important issues and never bowed to take committed positions in the interests of the country. No one can forget as to how:

He has defended the ‘Nuclear Deal’ as this country should move forward towards energy security.

Entry of youth into politics even when one has no money power and background. Congress Party has failed to highlight this important issue despite Shri Rahul Gandhi emphasizing the need of entry of youth into politics and reforming our political system.

Fought with the regional forces in Maharashtra emphatically.

Whenever he visits the common man, he will meet them, talk to them and understands their position. There will not be any hype when he goes and meets the poor people. How many political leaders are doing this in this country except very few.

When the country is in the danger or in the critical stage, a leader should be bold enough to take courageous decisions or risky decisions and seen from that angle, the point is clear that Shri Rahul Gandhi doesn’t want to be part of this petty politics and side-lining the real issues concerning the nation. Gandhi family has taken many courageous decisions and I am extremely happy to listen to Shri Rahul Gandhi irrespective of how the media projects it or how the so-called great communal forces and so-called social activists look at it.

A leader should not compromise with certain critical issues and one of the critical issues is about upholding the dignity of our Parliamentary Democracy and not resorting to BJP kind of opportunist politics. I was deeply concerned as to how this country is moving and deeply concerned at the functioning of our Government now. Even if taking some hard positions costs electorally, the interests of the country should be in fore-front than the electoral expectations. Certain issues can not be compromised.

I hope and believe that the Government and the Congress party should be committed to real issues, taking bold decisions in the interests of the nation and if the Parliament is not in a position to function freely in the interests of the nation, then, it is better to get the Parliament dissolved as a final option rather setting a stage for demolition of our Parliamentary democracy and responding to the illogical ideas of communal forces and illogical arguments of vested interest people and organizations.

The idea of Shri Rahul Gandhi is in line with the ideas of prominent people like Shri Somnath Chatterjee, Shri Narayana Moorthy, Dr.Jayaprakash Narayan, many top most independent Supreme Court Lawyers and many others. The truth is that ‘Lokpal’ may not be able to deal with even 1% percent of corruption and who guarantees that it will not promote further corruption as there will be another beurocracy. Instead of addressing the issue as to how to reform our institutions, nothing will happen by creating systems and that too, to be headed by un-elected without any accountability.

We have a problem with judicial appointments and in fact, the Parliament is supposed to deal with it, but, our Government and Parliament is not in a position to discuss real issues concerning the society. We have independent mechanisms already which are not functioning as expected, then, how come we expect that another institution will do miracles?. Its simply not possible. This is the time where we need to discuss further and should address many issues continually if we really want to deal with the corruption in this country.

We need to appreciate the ideas and work being done by Shri Nandan Nilkeni and other like-mined people and they will offer real solutions to the issue.

This Government, according to me, is a failure in reaching-out to the people and taking bold decisions.

It is the time to take bold decisions and it is the time to tell our younger generation as to how to move forward and to tell the real issues to our next generation. Otherwise, our nation will be in deep trouble and always Governments will be involved in fire-fighting rather moving forward. In the process, vested interests will proceed with their act of looting the nation or promoting their own interests.

Note: the views expressed are my personal and do not represent anyone or organization.

Why committed youth are not into politics as required?

2011-07-20T04:32:00.000-07:00

It is clear that unless we change the political system and unless we bring-in the required young talent in various governmental positions and in politics, we can not achieve our vision of making India not only Super Power, but, prosperous with due emphasis on 'inclusive growth' and the concern for ‘common man’. There is youth in politics even now, but, many are not committed and intelligent and they are there in politics due their criminal background, because of their community or because of dynasty. There is no use with the presence of this kind of youth following the traditional politics led by money and muscle power. With the economic growth in the country, with technological advancement, the reach of media and growth of internet, it is likely that the committed youth will not consider politics untouchable in future and I am absolutely confident that intelligent and committed youth will take the responsibility of leading this society or the country.

Youth are involved in many charitable and other good activities even now at various levels. Many committed and intelligent youth are also interested in public service and they are also interested to join politics. But, they lack the required plat-form and I believe that many a youth now are hopeful of entering into politics to do public service as prominent politicians like Shri Rahul Gandhi frequently refers to youth into politics. This is the change we need in this country. No other prominent politician talks of entry of youth into politics like Shri Rahul Gandhi. There are achievers and great people referring to youth power, but, no one so far has referred to the need of youth leading this country like Shri Rahul Gandhi. Despite silly and unwarranted criticism, Shri Rahul Gandhi has attracted many committed and intelligent youth in this country and I am sure that they will be leading this country soon. There is no doubt in this regard.

Change is bound to come in our polity. The so-called powerful people in politics at various levels without having the required talent and commitment are bound to disappear soon in politics. The tremendous growth, employment opportunities, the media and internet is responsible for this inevitable change in the very near future. I have heard people and even the so-called political analysts and prominent leaders criticizing Shri Rahul Gandhi for his emphasis on youth and youth congress. I have also heard the criticism in the last Assembly elections and many referred to the defeat of the youth congress candidates in Kerala. But, it is not the loss and there is nothing to regret. He is trying to change the politics in this country and wanting to get the committed and intelligent youth involved in nation building. I know that Shri Rahul Gandhi will succeed in his vision and mission without any doubt.

Nothing happens by giving lengthy political and provocative speeches if it doesn't result in constructive politics. The committed, independent and intelligent voters of this country are against this kind of politics. The political enlightenment of the citizens in this country is bound to increase and thanks to economic growth. Though community and other sensitive issues still play a role in politics, I don't think that money continues to play role in politics even in future. There will be substantial reduction in the trend of purchasing votes and there will be increase in having successful media to promote various interests and to back certain vested interests. As the debate goes on in Britain now, I am sure that there will be great discussion on regulating media in India too and it will happen soon. But, it is not an easy issue and it will be difficult to deal with this situation.

I know that even the students from IIT's and IIM's are ready to join politics and use their knowledge to reform this country and to lead this society in a better direction. But, they require a flat-form and it is not easy to get the flat-form or the encouragement from the established political parties. It is true that Shri Rahul Gandhi backs the talented youth and their entry into politics, but, the local leadership may not share the vision of Shri Rahul Gandhi and this local leadership and vested interests may not allow the committed and intelligent to enter into their perceived arena and this is the real problem. But, as the elections will be fought in future through television discussions and internet campaigning, I am sure that no one can be able to prevent the entry of committed and intelligent youth into politics. There should be improvement in law and order situation and the media should be independent if we need to see the committed and young talent into politics more effectively. It is important that one may require experience, but, just because someone is young, we can not say that he is not experienced as the 'human being can see the things not seen through imagination' in the words of J.K.Rowling.

Even President Obama was criticized, but, the world knows him now and he has for sure inspired millions around the world.

People will also be keenly watching the displeasure of some central ministers to head their port-folios and they should keep in mind that people will assess them irrespective of their political prominence. People will also judge the achievements of the ministers or the politicians irrespective of what they say about themselves. This so-called powerful politicians may be able manage the situations with their money power, muscle power, community politics, local politics and through their contacts, but, they may not be able to continue this and people will not remain as silent spectators.

Note: the views expressed are my personal and do not represent any organization.

Politics over ‘Nuclear Plants’?

2011-07-12T03:00:00.001-07:00

Despite the defeat in the West Bengal elections, it seems that communists have not learned any lessons and they may not change even in future. Any State Policy or plan for better governance and people’s welfare keep changing based on so many issues. But, left parties have different obsolete ideologies underestimating the growing awareness of the people of India on various issues in the country. It seems that Prime Minister of this country has made a clear statement in the Parliament and also referred to the situation in various nations in the world upon which India is dependant for Oil. Great scientists have made it clear that India has no option except to increase our Nuclear Power generation capability to some extent and India has a clear vision for energy security and I believe that we will be pursuing the same vision despite politics. It is true that many countries depending heavily on Nuclear Energy are reviewing their strategy. But, people are aware of the contribution of the Nuclear Power in India’s overall energy needs now and many understand the concern that Energy Security is the key in maintaining the GDP growth and without clear vision on Energy Security; India can never become a Super Power. It is also believed that we should make use of our abundant thorium available in the country, but, required technology is to be developed and will be developed in the course by the young scientists of this country.

There is risk with Nuclear Plants and nobody denies that. But, where is the alternative for the time being. With politics and media focus and breaking news, there tend to be agitations against Nuclear Plants across the Nation. Not only at Jaitapur, there is problem in Andhra Pradesh too.

If the concern is about the safety and security, then, the Government should answer to the people of this country as it is such a sensitive issue. I believe that it is also a strategic issue. Even on the usage of technology, there were clarifications by the scientists and by the Government. No one can deny the possible effect of a nuclear disaster, but, we can not ignore our energy security despite taking some risk.

There are people and environmentalists clearly opposing to Nuclear Power, there are people expressing concern over safety & security and there are also majority of the people understanding the need of laying some focus on Nuclear Energy and they support the policy of Government of India. It is clearly exposed that the opposition is interested in politics in everything.

I hope that the Government clears and handles all this criticism well in the interest of the people and I hope that the Government explains to the people of this country on various issues and allegations from time to time. Infact, the Government is doing this.

It is nice to see the Press briefing by Prime Minister in the recent past which is likely to continue. I am very happy that the Prime Minister had always emphasized the role of young leaders and young people in building this country and in politics. Congress supporters would be extremely happy of our Prime Minister is more assertive while briefing the media and reaching-out to the people. People would like to see explanation/briefing by the Prime Minister as he has replied to the opposition in Parliament over the alleged ‘cash-for-votes’ scam.

Note: the views expressed are my personal, do not represent anyone or organization.

Shri Rahul Gandhi leading from the front?

2011-07-11T23:48:00.001-07:00

With meeting villagers in the Utter Pradesh and the padayatra, it is clearly established that at the National Level, no political leader can match with Shri Rahul Gandhi. Despite the silly criticism by some people and unreasonable attack, Shri Rahul Gandhi continues to influence the youth of this country and continues his concern for the Common Man. Looking at the manner in which he has visited the villages in U.P and backs them morally, people of this country, understands as to why Shri Rahul Gandhi is the tallest leaders of Indian Politics now and future of the Congress Party. He leads from the front and the leader takes the challenging jobs undaunted by the silly criticism.

On the one hand, he interacts with the students of various universities in this country urging them to join politics or atleast observe the politics as the youth are supposed to play major role in building New India. He constantly encourages youth, intelligent and committed. He gives a commitment that Congress Party encourages youth and committed. No political leader or political party can give such a commitment and its clear that only people like Shri Rahul Gandhi and his team can keep India prosperous, secure, secular and united. Shri Rahul Gandhi has fought for secular values and fought against dangerous regionalism and we have seen his actions in Maharashtra. Without looking at the party in power in various states, he advocates need for supporting the backward states and tribal people. For India to be prosperous and to become super power, it is important to lay real emphasis on inclusive growth as Congress is rightly doing.

Not only meeting the intelligent young effectively and showing the real commitment, Shri Rahul Gandhi reaches out to the masses of this great land. He can connect with anyone and it is proved beyond reasonable doubt. That is why, there can not be any comparison with Shri Rahul Gandhi and he is the tallest leaders of this country and this country will see his work and commitment for the better India soon.

Under the guidance and leadership of Smt. Sonia Gandhi, Congress has emerged so strong. The media and the opposition parties can say anything about the recent alleged scandals and other things, but, people of this country will give a good mandate to the Congress again when it goes for elections next time.

There can be silly critics criticizing all Rahul Gandhi’s actions, but, people know the truth. When Shri Rahul Gandhi raises the issue of land acquisition and knows the concerns of the people on ground, the opposition says that Shri Rahul Gandhi should talk about the land-owners around Jaitapur Plant. It is completely illogical. People around the proposed Nuclear Plants continue to raise objections on one ground or other. But, we have no option except to pursue our Nuclear Energy increase to some level. Many committed people have acknowledged the need of having Nuclear Power while continuing our efforts to increase Solar Energy etc. I have heard Prime Minister speaking about this in Parliament and the Congress has a vision for India as it has contributed for the overall development of the country so far.

We have still so many problems and challenges in India, but, I am extremely confident that the young leaders of this country along with the experienced leaders will take this country forward and Congress will retain its reputation and emerge stronger in the next elections.

Not only at the National Level, even in States and regional level, people should understand the commitment of the Congress Party, its achievements and the local leaders should be aware of the issues at the National Level and should be aware of the achievements of the Congress-led Government and should know as to how to respond to criticism.

But, I think that the National Media can influence the voters more in the coming days than the regional media.

I believe that the youth of this country understands the commitment of Shri Rahul Gandhi and follows him and will be part of building a New India.

Note: the views expressed are my personal and do not represent anyone or organization.

2011-07-04T03:14:00.000-07:00

Dealing with 'Black Money' is a continuous process?

2011-06-10T01:17:00.000-07:00

People are extremely angry when they listen about ordinarily people suddenly becoming billionaires using their political clout and its a fact. There was also lot of discussion on 'Black Money' and bringing back the 'Black Money' stashed abroad. The Government of India has also explained as to how it intend to bring back the 'black money' and the important step being entering into 'bilateral treaties' with various countries and signing Double Taxation Agreements etc. I believe that its a complicated exercise and only experts can look into the matter and suggest ways as to how to deal with 'Black Money' ensuring that the industry is not suffered, FDI is not suffered and the economic growth is not affected at any cost. We have seen the development in India maintaining about 8% growth constantly for some years now. As Dr.Manmohan Singh has said when President Obama has visited India, if we could maintain 9 to 10% growth for the next 20 years, then, certainly India would be a Super Power in the world. There is no doubt in this regard. Though we need to go a long way still in terms of strengthening our Educational system, Research & Development and other issues, we can not forget the fact that India has done extremely well in the recent past.

There is lot of discussion on 'Black Money' now and I believe that the Government is very seriously thinking about containing 'Black Money' in the country. The problem of 'Black Money' in India can not be solved in a day and its a continuous exercise. Being the fact, everyone knows this. The Finance Department and the Taxation Departments continually work towards curbing the black money and ensuring maximum revenue to the government and reducing the litigation. Taxation Experts and the Auditors would know this. While there is a need to eliminate hurdles to the ordinary man and people with minimal or reasonable income estimated based on the inflation etc., there is a need to deal with the big fish and the corporates and to plug the loopholes if any in our Central Excise and Customs laws and I believe that the Government is working in this regard.

I think the Government of India has taken a considered decision during 1990's to ease the Foreign Exchange Regulations which resulted massive inflow and out flow of money. We have seen massive oversees acquisitions by Indian Companies, we have seen tremendous amount of inflow of FDI etc., and the policy change has changed the destiny of India. There can be people criticizing these policies being followed by the Government of India, but, we can not forget the resultant development and employment opportunities in the country.

The Taxation Departments continually work as to how to improve the recovery of tax and how to deal with the evasion of taxes. Even when it comes to litigation, I believe that the Government encourages settlements through Settlement Commission.

Just because tax is being paid, we can not say that the money is legitimate. Using this route, lot of illegal money becomes legitimate and thats why, the prevention of corruption laws are to be further strengthened to deal with illegal money, to attack empires built on illegal money and to provide for maximum punishment at times. Many may talk about black-money, but, there would be many complications in the Course and every business enterprise gets its accounts audited and files the certified Tax Returns regularly.

When it comes to dealing with black-money within the country, I believe that the Government of India can further strengthen the Taxation Departments through improvement in manpower and other facilities. Common man should never be suffered and the maximum relaxation is to be given to the common man, the aged people and other eligible persons. The common man in India appreciates the initiatives of the Government of India in this regard.

When it comes to money going abroad, it is very difficult to conclude that the entire outflow is the illegal money. How to determine the legality of the money stashed in foreign backs?. How to prevent the hawala transactions?. Will any drastic step in regulating the Foreign Exchange Management affect our economic growth and affect the industry?. That is why; I have hard through media where the Swiss authorities were saying that they will provide the details when a criminal investigation is launched on a particular person or the business empire having account in the Swiss Bank. People may not be able to understand these complications.

I think that the Government of India and the experts will look into all the issues in the interest of the country and not by perceptions and the demands. But, Government should clearly explain everything to the people as to how the country has benefited from the policy change in the year 1990's, the issues of employment opportunities, why the Foreign Exchange Management laws are to be eased at that time, and also the need of maintaining economic growth while trying to strictly implementing the Taxation Laws and preventing the people from using loop-wholes.

The Government should explain clearly to the people:

1. as to how it requires the co-operation from the concerned nations in getting the information of the accounts maintained by the Indians.

2. its commitment in engaging with all the tax heaven nations in order to deal with the illegal Indian money.

3. How the money is going abroad using the legitimate route and through Hawala route and complications in dealing with these issues.

I think that the Government and the concerned experts are looking into all aspects of 'Black Money' now including the issue of looking at the possibility of bringing the black money back.

While it is important is that the Government is to be committed in dealing with these issues and committed in recovering due tax especially from the big fish and corporate, the people may not understand this technical issues and the they will only focus that lakhs of Indian money illegally stashed abroad as people say.

I think that the Government is proceeding in the right direction, but, making the people understand these issues and the intent of the Government may be extremely difficult.

There will be black money in this country always and the only issue is as to how the Government is able to reduce the 'black money' and can improve the due tax recovery.

The Government is to find ways as to how it can look into the source of income or the investment when the corruption allegations are leveled against some one or the organization. It would be a complicated exercise involving lot of manpower. If a business empire is built based on the illegal money, what can be government do under existing laws?. This is what the people are really concerned about.

Many may not be able to understand as to how the Finance Departments, the Taxation Departments, the Ministry of Corporate Affairs, RBI and other organizations continually work together irrespective of the change in Governments or the party in power at the Centre.

The problems in containing the black-money would be the same to BJP Government or the Congress Government, but, the fact is that the UPA Government is not avoiding the question of 'Black Money' and shows commitment in dealing with these issues irrespective of complications.

Note: the views expressed are my personal and do not represent any organization.

It is clear as to what made the Governor of Karnataka to recommend President's Rule?

2011-05-28T03:44:00.000-07:00

The BJP has found it convenient to organize rallys in Karnataka when the Governor has sent a report to the Government recommending President’s Rule. Technically, the report of the Governor could have been rejected, but, an unprecedented action of giving advisory to a State Government had to be initiated. Now, it is very clear that the BJP is in the know of the corruption in Karnataka and it is clear that it wanted to support the BJP Government in Karnataka at any cost and even by clearly ignoring the rampant corruption. The allegations against reddy brothers in Karnataka were proved to be correct now looking at the statements of the BJP leaders. No one is backing reddy brothers as clean and they only give vague statements and excuses as to what made the BJP to tolerate these people and to tolerate their corruption. If these reddy brothers are not in politics, then, it was a different issue altogether, but, they are blatantly allowed to continue as ministers.

The developing events in Karnataka now support the opinion of the Governor about the rule in the State, about corruption, law and order and other issues. Its clearly an admission of corruption in the state of Karnataka and soon, there will be no one to back these dangerous vested groups in Karnataka. These people are capable of destabilizing state and also the Country. Recently, the BJP leadership has met the Prime Minister and organized rallys in Karnataka and accused the Governor of siding with the Central Government or the Congress. But, with the admission, as can be perceived, of the leaders of the party, it is clear that the BJP’s statements and actions are unreliable and most of the times, farce. Its all farce. While the opposition party is not in a position to deal with its own party people in the State of Karnataka, these tall leaders are referring to Andhra Pradesh very frequently now where the Congress has not compromised the interest of the people even at politic risk and some disturbance. The actions of the BJP like supporting reddy brothers despite heavy criticism in the country may produce some temporary gains, but, the country is looking at them and their double speak are getting exposed.

Now, the Chief Minister says impliedly that he has supported the reddy brothers and has taken them into the Government. With the Statements of Shri Rajnath Singh, Shri Yedyurrappa, Shri Sushma Swaraj etc., it is proved that the BJP government in the Karnataka is responsible for building a vast infrastructure of corruption in the words of the Congress spokes person Shri Manish Tiwari.

People of Karnataka are to be enlightened at these clear facts and people should teach a lesson and should teach a lesson that money can not guarantee votes and guarantee the responsibility of ruling the state. The BJP can not show its vote bank and being in power, as they themselves have stated that the win in the elections can not wipe-out the serious wrong doings.

Note: the views expressed are my personal and do not present any organization.

What is dangerous than Pak sponsored terrorism?

2011-05-28T02:51:00.000-07:00

India is aware of the Pak sponsored terrorism and every Indian knows about continuous infiltration across the boarder, the situation in kashmir and we know that we should be vigilant at this terror forces. We are also aware of Naxalism and the related problems. We have some regional issues and we know the established resurgent groups. While we know this, we may likely to see a tendency where vested interest groups try to use religion, caste, region etc. for political gains and as a result, there can be rise in tensions in India and in some parts of the country. It is the collective responsibility of the Indians and Indian Government to look into these issues and there is a need to effectively counter this divisive forces and vested groups trying to spoil the communal harmony in this country. No Indian should support this action and when these issues are focused at the National Level, then, definitely, we may effectively prevent the emergence of this forces. In India, everyone has a right to expression and everyone has a right to establish a political party, but, there can not be any scope for using community, caste and region for political gains. There can be a genuine reason for raising region, community and caste at times and nobody opposed to raising these issues democratically and peacefully. But, the freedom of expression can not be misused to disturb the communal harmony and harmony among the people of this country leading to violence. There is no justification for violence. There is a need to promote unity among all the Indians and Indians residing various parts of the country. Media has a bigger role in this regard.

I am extremely happy to see the bill prepared by the National Advisory Council (NAC) in this regard and I hope that this bill would be introduced in the Parliament soon and it will have the backing of the people of this country. It is clear that the Bill does not refer to any community or caste and it can not be against any community or caste. The Bill sought to address very important issues concerning our country's unity, internal security and the people claiming to be patriots of Hindustan should not oppose this kind of law. There can be a debate at the object of the Bill and the specifics, but, enlightened people from the Kashmir to Kanyakumari will support a bill aimed at preventing the forces trying to disturb the communal harmony and harmony among various regions of India.

Look at few issues in the recent past and as to how people are using region etc. with vested interest, and we can no longer ignore these issues. The only concern would be that this kind of law can be misused, but, there is no scope for that. There can be no scope for misuse and if there is a misuse, then, the constitutional courts will interfere and it concerns the right to life of a citizen as guaranteed under Article 21 of Constitution of India. We see people making thousands of crores in our system and then, they will try to influence the people through their own media and tactics. These vested groups can even fund few thousand people and these people then, can implement the agenda of vested interest groups. It is the collective responsibility of all Indians to raise our voice at these vested interest forces as otherwise, our internal security and the growth will be at peril.

That is why, than the Pak sponsored terrorism and naxalism, the forces trying to use religion, community, caste and region for political gains and other gains are dangerous in this country. If the reference is genuine and does not lead to any violence, then, there is absolutely no problem. There is need to promote unity among the people and there will be tremendous consensus among people on this issue. There can be discussion on this Bill, but, the Bill should come through as early as possible and it is unfortunate to note the stand taken by eminent politicians that it is directed towards majority community in this country. It is a misconception and a dangerous argument and there is nothing I think in the Bill referring to a particular community etc. It applies to every one and every vested group trying to spoil the peaceful atmosphere in this country. There is a need for this kind of Bill and if this becomes law and if it is used carefully and effectively, then, it is good for the country.

Note: the views expressed are my personal and do not represent any organisation.

Is discussion on 'mercy petitions' at National level worthy or necessary??

2011-05-27T10:34:00.000-07:00

It is being discussed in the national media about the Supreme Court's directive on expediting an application seeking mercy from the President. If Supreme Court gives a directive to another highest constitutional office, then, the the directive of the court is to be respected except in rare cases where there exists a strong reason in not implementing the directive. The issue of execution of death sentence and the issue of disposing of mercy petitions are getting politicized. There are so many worthy issues to discuss and to raise about. If the people speaking for the execution of death sentence feels that the terrorists are to be given swift and severe punishment, then, keeping someone in confinement and on death roll is more severe than even death. Logically, death can not be a severe punishment to these terrorists as they carnage people clearly risking their life. They don't care life. As such, its all political issue for political gains and not worthy of discussion at national level on any reason whatsoever.

There was a legal argument in the world about the imposition of 'death penalty' and the courts in India have settled that the 'death penalty' can be imposed only in rarest of rare cases and there is a process of confirmation by the High Court as I think. Death penalty to the terrorists can not solve the problem of terrorism and we need to fight continually at curbing this menace of terrorism and I think the UPA Government is doing well in this regard through keeping the required diplomatic aggression and pressure as people can very easily understand. People don't want a military action against any country easily and people of this country are not prepared to take any risk and not prepared to get diverted from the developmental path. Government is handling all these issues very well now in the interest of the people and people understand these things.

The arguments surrounding execution of death sentence may be interesting to listen, but, not worthy of any discussion at the national level. There is no logic in raising these issues saying that there is a delay in deposing mercy petitions etc. The opposition has a tendency of holding a press conference on any issue and oppose the Government and to attack the Congress party on all issues. The BJP is happy to refer to Andhra politics where the Congress is laudably implementing its agenda in the interest of the people even at some political risk. On the contrary, the BJP has done nothing in Karnataka except holding rallys against the report of the Governor and except asking for the recall of the Governor. It is clear that the BJP has failed to be a responsible opposition and it tries to sensationalize things and attack the Government and the Congress party. They are only keen in attacking Prime Minister, Shri Rahul Gandhi and even they are critical now at the action being taken by the UPA Government on the wrong doers thinking that the people will reward the Congress and the UPA Government for their actions in dealing with corruption and sending a signal to the mighty vested interest groups.

Note: the views expressed are my personal and do not represent any organisation.

Mamata has lot of work to do in West-Bengal?

2011-05-20T22:56:00.000-07:00

It is really historic to see the change of government in the West-Bengal in the recent elections. While the variety of things could have contributed for the victory of Tribunal and Congress alliance in the last Assembly elections, it is focused that the mamata’s agitation for farmers and her protest against land acquisition has made her a popular choice in the elections. Unless Mamata gives a further room with controversial statements and controversial decisions, the left is not likely to be revived soon in the State. The left may remain strong for some time in Kerala, but, the left is not likely to be revived in West Bengal looking at their statements, their policies and their approach in listening to the people. Their policy of criticism of America even when America does good things for India will not work. There are so many issues like this and the issue of Trade Unions also. People are very angry at the Trade Unions and their participation in the election processes and their influence in the political parties. When Trade Unions dictate terms to the Governments, people will not support such a move. The Trade Unions should introspect themselves and they should introspect as to whether they are justifying the positions and privileges they are enjoying and as to whether they are looking at many able unemployed youth in this country. With these kind of politics, left will be out power in West-Bengal unless Mamata gives any ground for them for revival soon.

I believe that Shri Mamata Benerjee knows her task ahead and knows the difficulties in the administration in the backward state of West-Bengal too. The people are to be shown the development in other parts of the country and the people should be provoked towards embracing the development. It is important for Shri Mamata Benerjee to be extremely focused and patient while she administers the state. Her focus should remain in West-Bengal and should get the required co-operation from the Central Government. As Mamata protested, the left forces will also raise their voice on many issues soon and the good way of countering this is that the Mamata should take the people always along with her and the people should be concerned at the development. When the Government talks of development and employment opportunities, then, definitely people continue to back the government. Taking a state like West-Bengal on developmental path takes considerable time and the extremist groups may continue creating problems for any government. This is a good momentum in the State of West-Bengal and I believe that the momentum proceeds further.

The patience, focus on development, avoidance of controversial statements and taking controversial decisions, the backing from the Central Government ensures the smooth functioning of Trinamool-Congress Government in the state and it is good for the State of West-Bengal. The big states like West-Bengal and Utter Pradesh should embrace the developmental momentum in the country and then only, overall development can be achieved and regional differences can be reduced.

Note: the views expressed are my personal and do not represent any organization.

Critics making motivated criticism against Shri Rahul Gandhi will not succeed?

2011-05-20T21:27:00.000-07:00

I am a strong believer that it will be extremely difficult for the truly committed to be in politics, to be committed for public good and to face the vested interest groups. We might have honest politicians in the past, but, now, the situation has totally changed. The vested interest powerful culprits make thousands of crores using public office, start many media channels and news papers and then, these vested interest groups and politicians will try to demolish the honest and committed in politics and their media and news papers tries to protect this empires. Everybody knows these things and that’s why, many supported the Lokpal Movement in this country recently. But, the problems are deep rooted and it requires a thorough planning to clean this system. The enemy is so powerful having weapons like illiteracy and poverty among the people, communalism, tons of money and a media to back them. In this complex society, it will be extremely difficult for the honest to enter into politics and be committed to public service. I can for sure say that it will not be possible for an honest and a committed person to start his or her own political party for public good thinking that their honesty will get those votes and gives them the responsibility to serve the public. It is almost impossible. We may see some regional parties emerging, but, everyone knows as to how these regional parties are emerging. If honesty and intelligence only wins the elections, then, Dr.Jayaprakash Narayan of Loksatta Party could have won the elections in the state of Andhra Pradesh.

In this background, it is the responsibility of the youth to take the lead and to clean the system. Indian can not become super power in this country unless we address certain internal issues. How come we become Super Power in this country without having committed and intelligent in politics and without addressing so many issues like corruption, political reforms, administrative reforms, communalism, extremism, countering regional differences and many other issues. I believe that the youth of this country is aware of all these issues and I am hopeful that the Indian Youth will take this country forward.

Against this backdrop, it is important to look at the National Political Parties and the prominent political leaders who are committed for the public service, who are committed to deal with the problems in this country and who try to bring change in the society. In India, we require many reforms and even a 12% GDP growth may not guarantee true development in this country. There can be many leaders who are intelligent and committed in this country, but, Shri Rahul Gandhi is exceptional in his approach in trying to convince the educated youth of this country to enter into politics, to be enlightened politically for the good of the nation, to deal with the communalism and to work for the overall development of the country. He is persistent in his approach and I have not seen any silly political comment from his mouth even when many silly political comments are made at him. Making silly political comments are not the politics we should be appreciating and these silly political comments and approach is not the maturity. These silly comments are made even against Barrack Obama when he ran for presidency, but, he has focused on his goal and has become the President of United States now. But, the problem is that there is a difference between America and India. India is a complex society as we know and we can list-out all complexities in this society.

When leaders like Shri Rahul Gandhi refers frequently about youth in politics, I don’t think it has meant that we need not give respect to the experienced politicians and people like Shri Manmohan Singh. Youth do respect and bow-down to the intelligent and committed politicians irrespective of their age. Shri Rahul Gandhi is courageous in adopting this committed and right approach in politics and the party men and especially the youth will take this message forward and will not allow vested groups to succeed in defaming Rahul Gandhi with their great intelligence and analysis and about the future of Shri Rahul Gandhi. The vested groups may have a temporary success, but, they will get defeated soon and the truth triumphs. These vested interested groups should not think that they can escape using media and by buying people and experts to back them. That will not happen. If the media crosses the line and if it becomes unbearable for the people to tolerate the damage being done by the media claiming to be independent, then, there will be a way-out even for this and they don’t think that they can escape under the guise of freedom of expression guaranteed under Article 19 of Constitution of India. If a News Channel continues to misrepresent the facts to the people with their stated objective and if this practices damages the society, then, I believe, there will be competent mechanism to deal with these issues in future.

When it comes to the leadership of Shri Rahul Gandhi, he has inspired many young people and made them to enter into politics and to think about politics now. He talks about the important issues of the common man and away from the traditional kind of politics to the extent possible. This is what many believe and follow. But, irrespective of his extraordinary commitment in politics and commitment for the change in politics, commitment in getting the youth involved, there are some and there are some media channels running stories against him and making unfair and silly comments. These people are bothered at his political future and these people very frequently refer to his campaigning in Bihar and other areas and they expect something to happen even in U.P. now. Todays generation is different, situation is different and there can be many issues as to why a political party is not successful in a state or a particular area. He is doing his job and did he say that he will get the 90% vote if he campaigns etc. He never says these things, but, where is the need for the people to talk like ‘rahuls magic not worked’ etc. Did he say that he knows magic?. He is a politician and a prominent leader of the Congress Party. These campaigning against Shri Rahul Gandhi are being done by the regional channels the most as many regional channels are backed by the vested interest groups. People knows these things and these vested groups may think that they can fool the people, and can escape the law and can protect their empires, but, that will not happen.

I also believe that the Congress leaders representing the party and the leaders at the state level should counter these baseless things stoutly, but, I don’t think that it is happening as it should be. Some think that there can be vested interest leaders even inside the Congress Party, but, no vested interest group will be allowed to succeed in their efforts to bully people and play politics with commitment.

There are complications in the Indian society and everyone knows the complications in politics too. But, commitment is very important and we need committed leaders and Shri Rahul Gandhi is a committed leader of the Congress Party and will continue be leading the party as he wish irrespective of the poll results etc. He is a courageous man, likes to take challenges and he will succeed ultimately.

An ideal politician should believe in ‘secularism’, should be acceptable to all, should be committed for the development of all regions in the country, should respect the knowledge, should listen to the committed people, should keep the youth involved in Nation Building and thus, Shri Rahul Gandhi is an exceptional politician of Indian National Congress and the youth understands him and does their work for building a strong and vibrant India. The youth knows as to how to deal with the vested interest groups and people damaging the country with intelligence and people playing silly politics. He has shown the commitment:

to fight against the divisive forces;
to make sure every citizen is developed;
to the welfare of tribals and other backward communities;
to the overall development of the country irrespective of the party in power in a particular state;
in encouraging the youth of this country to enter politics;
in convincing the youth that they don’t require any might to enter politics;
to be away from the old-fashioned politics etc.

Note: the views expressed are my personal and do not represent anyone or the organization.

What is wrong with Rahul Gandhi's statements in U.P?

2011-05-18T04:48:00.000-07:00

I strongly believe that Shri Rahul Gandhi is a politician who talks about the people, development and the entry of youth into politics. If some non-congress leader does well, then, Shri Rahul Gandhi, as I believe, will not hesitate to laud him. Despite BJP's criticism, I have heard Shri Rahul Gandhi about Shri Advaniji. I have heard Shri Rahul Gandhi saying that he respects Shri Advaniji and the issue is only about 'secularism' and the line of thinking. These are the politics we need to run in this country. But, despite maintaining such high standards in politics in India, our media and political leaders are very quick in criticizing him. The Congress Party has clarified the statements of Shri Rahul Gandhi that the media is misquoting about his allegations of killings and rape etc. being committed by the police against the farmers in Bhatta-Parsaul in U.P. I have heard a so-called realty check done by some national media to ascertain the truth in Rahul Gandhi’s statements. I don’t see any wrong in Shri Rahul Gandhi’s statements. He has visited the villages in U.P, spent considerable time, listened to the grievances of farmers, and he talked to the media representing what the villagers have stated to him when he has visited the village. They could have given some photographs and he has released it to the media. What is wrong in it. Where is the need for Shri Rahul Gandhi to make some motivated and false statements? There can absolutely be no need and it is logical. The best way to clear the doubts about the atrocities on the farmers is that the Government should order a judiciary enquiry as demanded. But, for the reasons known to the U.P. Government, it is hesitant for a judicial enquiry.

The Media should have focused on the plight of the farmers in the state and as to how to address those issues. It is also reported that the farmers in most places in U.P are aggrieved at the state policy and they say that they are being harassed. It is important to know as to what is going on in U.P. Is there any land grabbing going on in the name of land acquisition for development for public interest? Even in the proposed Land Acquisition Bill, there can be some regulations or guidelines for acquisition of land, but, ultimately, there can not be absolute restrictions on the state’s power to acquire land. It is not possible at all. The issue as to how the issue of land acquisition in U.P has been dealtwith and as to whether the Government functioned responsibly or not. The media should have listened to the farmers and most of the farmers complain about compensation and also about police brutality in oppressing the people. It is true that state has to use police power at times, but, was it necessary in the case of U.P and what prompted the Government to be so oppressive to farmers this time and what was the ultimate objective and was it useful to the people and was the land acquisition really in the public interest? These are the issues to be discussed and not the reality check as to whether there is any truth in the statements or reference made by Shri Rahul Gandhi. If the reality check is to be done, then, the U.P government should be demanded to order judiciary enquiry for fair and impartial investigation into the matter.

In his address to the U.P Congress workers and leaders he has made it very clear that his actions are not for votes, but, for the welfare of the people of Utter Pradesh. If we see the statements of Shri Rahul Gandhi from the beginning, he always talks about people, their grievances, about youth, and very frequently refers to the fact of underdevelopment in some states or the parts of the country.

Forgetting the positives and intentions of his statements and work, the media and the so-called leaders will immediately criticize his statements. I have never seen Shri Rahul Gandhi responding to this silly comments and discussion. He is focused on this work and maintains high standards in politics.

There is no reason as to why U.P. should be backward and this big state should prosper. I strongly believe that if the party workers and leaders take the lead following the statements and guidance of Shri Rahul Gandhi, then, for sure, the Congress will come to power in Utter Pradesh and it is in the interest of U.P.

Note: the views expressed are my personal and do not represent any one or organization.

Ensuring Tribal welfare?

2011-05-15T11:06:00.000-07:00

We very frequently hear about the tribal rights and many support their fight against some government moves. If government does something wrong in allocating some mining lease or affecting the forest, that is a different thing altogether. But, the important thing is as to how to improve the lives of our Tribal people, how to ensure that their children gets educated and how to ensure that these Tribal gets the benefits from the government. Many of these people and communities living in jungles do not get most of the benefits from the governments and even government machinery may not show that much interest to reach-out to them. Most of these tribunal communities live in forest areas and there will be moist moment in these areas. Moists etc. groups provoke these tribal communities in the guise of protecting their interests. The tribals are not in a position as to know as to how to get their rights defended and they are even reluctant to join the mainstream. Instead of discussing about their development, many tries to keep these communities in jungles as of that is a service to them. If these people do not come from jungles, then, their children can never get educated and it is not possible for any state machinary to build infrastructure at their places.

If the Governments makes serious exercise as to how to develop them systematically and seriously, then, everyone in this country should support such an exercise. If we support tribals living in jungles without any education etc. saying that we are protecting their culture, then, these communities can never get developed and they get alienated from the society. All this underprivileged people are our brothers and sisters and it will be a collective responsibility as to how to ensure good life to our brothers and sisters. It may take some time to change the mid-set of these tribal people, but, NGOs should play a very big role in this regard as they can reach-out to them very easily rather the government machinery. Whenever it is possible, it should be a priority of the Government machinery to provide the benefits to these most backward and poor people. But, what happens in reality is a different thing. Government machinery should be forced to look at these poor people in this society. Middle class too gets the benefits like rice etc. from the Government, but, these very poor SC, ST and Tribal do not get the benefits. It happens even in rural and urban areas and not in forest areas. Every State Government should make a special effort to ensure that the welfare measures reach-out to the most backward first and it should be obligation of the government machinery to look at them without having any bias and cast considerations.

I am extremely happy to see people like Binayak Sen taking part in Government organisation/exercise and the services and intelligence of the people like Shri Binayak Sen can effectively be used in Government. These people knows the problems of the poor and tribals. In the name of protecting the culture, the media and some people try to keep these communities backward. These under-privileged people gets provoked towards violence very easily and we should not support such violence and instead, the media should conduct discussions as to how to ensure benefits to these people and how to bring these people into mainstream.

Indian can be considered as developed only when all citizens, irrespective of community and caste, are developed.

Note: the views expressed are my personal and do not present any organisation.

President's rule in Karnataka?

2011-05-15T10:01:00.000-07:00

It is reported in the media now that the Governor of Karnataka has sent his recommendation to the President and also the Central Government. Constitutional Experts say that the Governor is acting as if he is a Minister of Congress Government. But, there are interesting issues and the role of Governor in any State. If Governor has no role to play at all, then, why is that the political parties frequently meet Governor and gives a memorandum. There is a significant issue in the entire Karnataka episode.

There will not be any meaning for a trust vote in this country if the Speaker can take decisions affecting the trust vote on the voting day on the floor of the House. It can even happen in Parliament. There is also a view that a judgment of a court is not a ground to impose president rule under Article 356 of Constitution of India. Thats absolutely right and there tend to judgments very frequently against Governments and the misrule in the State. The main issue here is about the speaker's role and as to what happened in Karnataka on the floor of the House. Many don't understand as to why the Chief Minister has not been changed in the State of Karnataka despite many serious allegations and as to why seriously tainted ministers are allowed to continue in the cabinet. We have cases where the Chief Minister and the Cabinet Ministers have resigned on allegations. The case of Shashi Tharoor infact has nothing to do with the Governance or his functioning as a Minister as such. There the issue is about his role in securing a franchise and his friend getting sweat equity in the franchise company.

It is shame to democracy and it is really serious to watch as to what is going on in some states in this country. Few people made millions and even billions of money abusing power and misusing political set-up, established media channels, news papers and maintains rampo with the prominent political parties and these few vested interest people are deciding the change of Governments and our people are not enlightened to know all the ground realities and they are of the notion that everyone in politics are corrupt. Even in Karnataka, media has reported earlier that the Governor has questioned the Chief Minister as to why tainted ministers are in the cabinet. Thats a genuine question and entire country is watching as to what is happening in Karnataka and I believe that there is a judgment of the Court also about the law and order situation in some parts of the State. While the Lokayuktha wants to probe an issue and while the Lokayuktha is supported by the Government there, the Government suddenly issues a G.O constituting a separate inquiry and thus logically preventing the Lokayukth in dealing with the issues. Many also believed that the Governor should have taken some steps immediate to the disqualification exercise in Karanataka, however, the matter went to court and the courts were seized of the matter. No one wants the interference of the Governor in the functioning of executive, but, in exceptional circumstances there is no way and he has to take some action as provided in the Constitution of India.

It may be easy to say that the Governor is biased and creating problems to the Government, but, no one forgets as to what is going on in the State. The grounds on which a president rule can be imposed under Article 356 can always be debatable and there can be different views. There is also an argument that the Government has won the local body elections and bye-elections and its a popular government. But, the moot question is about the conduct of the proceeding of trust vote and if such a procedure is accepted, then, I believe that many motions for trust votes can effectively be defeated by the Governments as the Speaker always favours the Government rather being impartial.

Many believe that the ground reality in the state is different from what the people say theoretically. Even if a president rule is imposed, then, the people are likely to give a decisive mandate in the elections and if the government is so popular, then, it will again come to power. People are seeing some extra constitutional forces now who makes billions of money misusing power and thinking that they can make and break governments. This will be a bigger challenge for democracy in this country.

It would be seen as to how the things turn-out finally in the State of Karnataka.

Note: the views expressed are my personal and do not represent any organisation.

2011-05-14T01:34:00.000-07:00

Land-war in U.P and connected issues?

2011-05-12T10:15:00.000-07:00

With Shri Rahul Gandhi visiting the affected villages in U.P, the issue of land acquisition is being discussed at national level again. Like in the past, Shri Rahul Gandhi has remained focused on the issue of farmers cause this time and no political statements. I am really shocked to see people criticizing Shri Rahul Gandhi's visit to the affected villages in U.P and listening to the people.

On the issue of land acquisition, some are and including UP Government are focusing on the proposed Land Acquisition Bill to be passed in the Parliament. It is good that UPA Government is contemplating a new bill in the place of old Land Acquisition Act. But, the real issue is as to why the Government is acquiring the land in a particular given case, what is the procedure followed, how it is handled and what compensation is paid to the farmers. These are real issues which are to be seen in each case. We can not keep a complete ban on Land Acquisition for public purpose and also there is a need to encourage industry in this country. Whether the Government is misusing the powers in acquiring the land is to be decided on the facts of each case. It is true that the powers are being misused now. Under the existing law, the owners can not question the acquisition for public purpose and the owners can only question the quantum of compensation awarded. I have seen cases where the Government was insensitive to the rights of the owners of the land and I have seen cases where the Government was hesitant to return the land to the owners when it is not being used for the intended purpose for quite a long time. Many cases are pending in courts. In most of the land acquisition cases, the Government is insensitive to the rights of the land owners and the land owners do not get the required information from the authorities.

Just because the law is being misused, there can not be any bar on the state's power in acquiring the land for public purpose. Again, what is public purpose is very difficult to define. However, on the issue of compensation, I think, the governments are now in a position to give market rate to the land owners. If the land owners are given a right to question the acquisition itself, then, there is a danger that it can hamper growth. I don't know as to how the proposed Land Acquisition Bill protects the rights of the owners. I am of the firm belief that whatever the law on Land Acquisition, if the intent of the Government is not clean and if the Government is insensitive to the rights of the land owners, then, the people will suffer.

People are drawing comparison between Jaitapur and U.P. Jaitapur is a different issue altogether and the acquisition in that case is to get our important energy needs fulfilled. When there is no effective alternative to Nuclear Power, certainly, we need to focus on getting Nuclear Power and should concentrate on safety mechanisms. If the media provokes people for projects like Jaitapur, then, we will be landing in a big trouble and there will be law order situation everywhere hampering growth. People certainly have a right to express their opposition in a peaceful means and we should never support violence as a form of opposition. That’s not good for the country at all.

It is good that a new Land Acquisition Bill is being prepared and will be introduced in Parliament soon. But, even in the existing law, the state need not play with the land-owners just because the law permits them to acquire land. The object of the Land Acquisition Law is sound, but, it is getting misused very often. The instances of land acquisitions and allegations are to be studied and discussed case by case. We can not say that there can not be any land acquisition and at the same time, there is a need to pay market price to the land owners. The Government may try to snatch the land from the poor and may give it to the rich as is happening in some areas and in U.P as alleged. In U.P, I think the issue is about the object of acquisition and the justification for acquisition?. Similar allegations were leveled in Andhra Pradesh too and the Government there has promised to bring a new set of guidelines when it comes to land acquisition and allocation and connected issues. This is how the issues of land acquisition are to be dealt with keeping the law into consideration. Rather the regulations, its all about the intentions of the Government.

There are serious charges against U.P Government and if the farmers are killed by the police and if the police are concealing it, then, it’s a very serious issue in Utter Pradesh. There is a chance of firing in some agitations and then, everything will be open and government justifies the firing. But, in U.P., the charge is that the people are killed and the Government is concealing things. When such a charge is made, there is no reason as to why a judicial enquiry can not be ordered. Its an ordinary thing and many government orders judicial enquiries even in simple issues. If the U.P Government did commit any mistake as alleged, then, the U.P.Government will be given clean chit by the committee and I don’t see as to why the U.P. Government is not ordering an enquiry in this issue.

People are very quick in criticizing Shri Rahul Gandhi. He is not an old fashioned politician to give politically motivated statements to provoke and attract the mass and illiterate. Even in this case, like in the past, he is very responsible in fighting for the people. He only said that he will not give up the cause of farmers and he demanded a judicial enquiry. On the contrary, Mayawati uses some tricky political language.

Note: the views expressed are my personal and do not represent any organization.

Impact of observations made by Hon'ble Justice Markandeya Katju on the functioning of Lower Judiciary?

2011-05-11T02:54:00.001-07:00

I am extremely happy to listen to the discussion conducted by Mr.Arnab Goswamy of Times Now in his News Hour programme highlighting the observations made by Justice Markandeya Katju of Supreme Court on the functioning of lower judiciary. In any democratic set-up, independent and efficient judiciary is very important. We have very good systems in place in India and the only thing I feel is that we remain stagnant. Many in this country face numerous troubles with our legal system, but, yet, we don't know as to how to correct our system. Except approaching the Magistrate Courts for Bails, approaching High Court under section 482 of Cr.P.C asking for directions, approaching High Court for anticipatory Bails, approaching High Courts under Article 226 of Constitution of India and filing Public Interest Litigations, people are not comfortable with our legal system. Many complain about the corruption and negligence in the registrar's office attached to Court, standards in Judiciary, technicalities and the delay. Many are not interested to approach the Civil Courts especially in this country. Many tries to get their rights protected through Police by bribing them and by approaching goondas and even if it is not possible, they remain silent, but, they do not think about approaching courts. Only in rarest of rare cases and when there is no alternative option, people try to approach Civil Courts in this country. If we don't correct our legal system, then, we can not think about reducing the crime rate in this country logically.

I really feel ashamed of that this great country could not solve the problem of delays in Courts with the entire 9% GDP rate, world looking at us, Obama praising us and with all the intelligence. Efficient, speedy, effective and independent legal system is the hall-mark of any progressing nation. We may say that the problem of delay persists even in developed countries like USA and that is the reason why they are encouraging ADR (Alternative Dispute Resolution Mechanism). Following USA or any other country is not the solution. If the USA could not find solution to the problem of delays in Courts, we should be able to find a solution. We have all the talent in this country, but, the thing is that no one is interested about the welfare of the society and systematic changes. Only few activists talk about few things like environment, political reforms, corruption etc., but, we don't end up addressing the problem and rather we are happy with sensationalizing something. Recently media has focussed on Talwar's case and media has spent considerable time following-up the issue. That was actually a simple case and there were many shocking instances in this country. There was no need to spend that much time on Talwar's case, but, even then, National Media felt comfortable following-up the story. Likewise, if the entire National Media takes up the issue of delays in Courts in this country and demand for the solution for the delays in courts and the issues of corruption, then, I am sure there will be change.

I don't respect the so-called Senior and costly advocates of this country charging 25 lac for hearing. Individually, they might have achieved so much, but, being the member of the bar and being the enlightened, they should also raise their voice in a considerable way. They might not be able to bring the change in the system, but, if they raise their voice wholeheartedly, then, I am sure that it will reach the top court and it will reach even the Union Government. We know the problems that advocates practicing in lower courts may not agree for the right reforms in the system and we have seen the agitations in the past when certain legal reforms were moved. Even when it comes to the issue of conducting a Bar Exam, there was silly and illogical resistance from the so-called lawyers and Bar Exam had to be postponed in certain parts of the country.

The legal system in this country requires correction. How to correct it is the problem. There should be a proper planning in this regard. I always felt that if the issue of legal reforms is moved by the Supreme Court or supervised, then, the Union Government will certainly co-operate with the courts. I have heard the proposal of establishment of additional Fast Track Courts and I have also heard guidelines as to how the Government should represent its cases as the Government is the big litigant in Courts and it delays the legal process most of the times. It is true that the Government should behave in a responsible manner when it is a litigant and it is true that there is also a requirement of infrastructure build-up in the legal system. But, those are not the real issues for the delays in Courts. We need to deal with the out-dated procedures and we need to bring simple reforms and it will produce great results.

I would like to say few simple things for correcting our legal system as follows:

1. With the existing procedural laws, we can not reduce the delay in courts. As such, there is an urgent need to reform the procedural laws. We need to completely abolish the procedural laws like Civil Procedure Code and we need to bring-in a simple procedure in the place of Civil Procedure Code. It can very easily be done, but, it may require amendments and it needs to be passed in Parliament.

2. Each High Court or a supervising committee at the National Level consisting of retired judges or the acting judges should think as to how to make the registrar’s office attached to any court really efficient and corruption free. Court papers disappear in some parts of the country and we don’t know as to how to fix the problem. We need to effectively use technology and every court in this country should be computerized. While some courts including lower courts are effective computerized, still, many courts in this country are not computerized. A litigant is to be provided the important information about his case on-line. It is very much possible and it is also not a costly exercise.

3. There should be a special wing to look at the issues of corruption in the Lower Court in this country. The corruption wing should really be effective and the High Court can supervise this wing. There should be proper mechanism to receive complaints of corruption in Lower Courts while the unscrupulous complainants can be discouraged in the process.

4. In some parts of the country, the legal professionals behave in a very unethical manner and they dare to threaten even the judges, threaten the litigants and they dare to threaten their colleagues from other parts of the state or the country. This goondas like professionals are not professionals at all though they could manage to get a law degree with our faulty system. This kind of professionals should be sent to jail irrespective of the uproar of the Bar Associations which are functioning as if they are the political parties of late. The High Court should be pro-active in this regard. If there exist terror like situation in any Lower Court, then, sufficient protection is to be provided to that Court and it is not costly affair and it is very much possible.

5. The issue of appointment of judges of High Courts requires a re-look. I really get shocked to see some as judges and to see as to how they function in the court. I have seen a law commission report too referring to this attitude of few judges. There are good judges, but, the fact is that the standards are getting degraded day- by-day. How to correct this is very important. There should be an efficient mechanism for removal of High Court Judges and let this removed judges or suspended judges take the salary till they are found guilty of misconduct by the established procedure. Once the judge feels that he can not literally be removed, then, it is very difficult to control them and absolute power corrupts the system. This is a serious issue and it is not a fight between executive and judiciary and it is important for the judiciary to regain the lost dignity and to regain the confidence of the courts. The Supreme Court or the High Courts are respected by the public now as they give directives in sensitive cases and as they entertain and give directions to the Government in Public Interest Litigations. I am not in favour of conferring power on the judiciary to look into every aspect of executive functioning with the aid of judicial activism or with the aid of expansion of Part-III of constitution of India. Elected representatives are always supreme and if the system is faulted, we need to think as to how to correct the system. The Courts should function as per the mandate in the Constitution of India. I am literally shocked to note few directions from the High Courts interfering in sensitive and political issues and this attitude will damage the image of the judiciary. If the attitude of a High Court is not satisfactory, then, the committee of the Supreme Court should be empowered to suspend such a judge immediately and it will bring accountability in the system.

6. It is also true that there can be unscrupulous legal professionals playing with the courts and misusing the court process. Many are talking about ombudsmen etc. to look at the complaints against the professionals. There is a problem with this system and there is a problem with unscrupulous and habitual litigants. These habitual litigants can black-mail the professionals and as such the profession and good professionals will get affected if the complaints against professionals are loosely entertained. The solution is simple. If a litigant is not comfortable with his lawyer, then, the litigant should be allowed to state his grievance to the judge and the judges should not insist on engaging lawyers always. The litigant should be allowed to change his counsel as per his wish and upon making such oral or written request to the Court. As per the existing system, for changing an advocate, the litigant should “get a no-objection from his lawyer’ and the advocates will not give no objection in many cases. On the same footing if an advocate feels that a litigant is not bonafide, then, upon a request to the court, he should be allowed to discharge from the case. Other contractual issues between the client and the professional can be decided in a separate proceeding. This set-up will solve many problems.

We should also seriously think about recording the court proceedings and it will enable the High Courts to effectively administer the Lower Courts, enable the Supreme Court to effectively super-wise the High Courts and enable the Chief Justice of Supreme Court to look at the proceedings conducted by other judges of Supreme Court. These recorded proceedings need not be released, but, these complete recordings can be used for effective administration. This is an important move and we need to think about it seriously. If court proceedings are recorded, then, even unscrupulous and habitual litigants also will get exposed and attitude of the professionals also will be under check and this system if implemented and used towards the objective, can be very useful.

There is a lot to tell as to how to correct our legal system. The system can be corrected with proper planning. But, the judiciary and the executive should come together for correcting this system. No one should hinder the reform process and there can be public debate as to how to correct our legal system. It is important for the citizens, for the professionals and for the country to reform our legal system.

It is not that the Supreme Court or the judges do not recognize the problems in the system. I have seen a specific observation of Supreme Court in a case where the constitution of National Company Law Tribunal was under challenge and in that case, the Supreme Court has taken note of the enormous delay in courts. So, we know the problems and there is a need to find solution and ADR is not the solution for everything. If right to legal aid is a fundamental right, then, fundamental rights of the citizens are getting affected on regular basis with our legal system and its my opinion. There are honest and efficient judges, professionals and people in the system and all respect to them.

Whenever an opportunity comes, media should focus at the delay in Courts and should pressurize the Government to bring proper reforms. But, with our federal structure and complications in the system, even the initiatives of the Good Government gets delayed or defeated by vested interest groups. Media should support the Good initiatives of the Government.

Note: the views expressed are my personal, have no intention to insult any one or the system and I have all respect to the judges. The views are expressed only in public interest.

UPA Government can correct the systems even if it appears that the 'Lokpal movement' is getting deviated?

2011-04-18T12:41:00.000-07:00

The media and also many enlightened in this country were focusing on the 'Lokpal Bill Movement'. It is good to observe the way in which the Government has responded to the movement. First they said that they are willing to listen to any kind of suggestions and later, they have agreed to accommodate the representatives from the civil society in the 'drafting committee'. It is true that there is so much corruption in the society and also in the politics. It is true that the system needs to be corrected and India should become a developed and strong nation very soon. There are so many issues in the society and the corruption is a major issue which we all should be concerned about. While many may discredit the UPA Government with scams and investigations, there are many who appreciate the UPA Government for letting the scams exposed and also the follow-up action. I think the way UPA Government has responded to the allegations is really good given the complications and limitations in our political set-up. It is not easy for a coalition government to do certain things and it is also true that a scam involving few people can not discredit the whole government. This will be rational approach to look at the UPA Government and there can be differing point of views and in a democracy its good. But, the wonderful efforts of UPA Government like RTI Act, the While Blowers Protection Bill, Judicial Standards and Accountability Bill, NREGA, Right to Education and many other issues can not be ignored and to be appreciated. Without bothering at the subjects in the Union List or State List and without discussing much about the responsibility of State Governments, the Government was keen in bringing certain key reforms like the transparancy and a common man in a village talks about NREGA throughout the Country. UPA Government has made the 'Right to Education' as a fundamental right and it shows its commitment for certain issues. While a good person becomes the soft target in the society, the UPA Government has become the target of many, but, truth triumphs.

I don't think that the UPA Government has said that all is 'ok' in the country and they always say that there can be problems in the system and those needs to be addressed. Even the elementary education has become so costly now in the society and it will have a direct impact on the progress of this country. This is a serious issue despite UPA Government making 'Right to Education' a fundamental right. We need to definitely look at the fate of our Government Schools and as to what the teachers are doing. There will be a national movement against the Government Servants in the country and I don't think that complete privatization is possible at all. There are Trade Unions creating all problems and they are now even dictating to the Government and no political party is in a position or dare to talk about Government Servants. If this country raises the voice at the manner in which the Government Servants are functioning and put pressure on Governments, then, there will be fear in the minds of Government Servants. There will be salary hike for the Government Servants systematically and we have many welfare laws. Despite having all these privileges, we know the corruption in Government Departments and infact, its killing the entire development. Again, there will be an issue of Central Government Departments and State Government Departments and the State Governments may easily play vote bank politics. This is what happening in this country. We are not even talking seriously about simple things and not able to bring simple reforms, but, I don't think that this country can touch the mighty or powerful politicians easily. Its all myth that a legislation or a Lokpal will clean the entire system. The Lokpal Mechanism may even create some problems and mess if it is not drafted properly.

In this country, justice is delayed and we know about our legal system. We have many privileged and eminent Public Interest Lawyers and I don't know as to why we can not fix this problem of delay in Courts in this Country. This is a serious issue and whenever a Foreign Company talks about the FDI or making investment in India, they will clearly refers the 'legal mechanism' or the 'reddressel mechanism' apart from the corruption and lack of transparency and infrastructure issues. Its a simple issue only and I am hopeful that the Supreme Court of this Country will take-up the issue of correcting the legal system in this country and find some workable solution to the problem by giving suitable directions to all the concerned parties including the Government as is the case of setting aside the appointment of CVC and the 2G spectrum issue.

Like wise, by putting pressure on the Governments to bring certain basic reforms, we can change this system easily. We can do simple things and can see greater results. But, we want sensation and will get moved so easily to breaking news and the Media wants some sensational news regularly to keep its ratings intact and thats its business.

With regard to 'Lokpal Drafting Committee':

I always feel that allegations can not be given so much importance unless there is some reasonable and tangible proof. But, the some people were giving so much importance to allegations and media picks up the sensational allegations and runs the discussions without any clear objective. Its true that there is a good media. When it comes to 'Lokpal Movement', its true that people are angry at corruption and thats why, they participated in the movement and I don't know as to how even the school children can understand this 'Jan Lokpal Bill'. Many were not aware as to what the 'Jan Lokpal Bill' contains and they simply say that they want 'Jan Lokpal Bill'. Thats where I felt that all this anger and movement may not yield any results as most of my friends do not think at the system continually and feels comfortable to express their anger at the system. What is there in the 'Jan Lokpal Bill' is not discussed by the media and even the 'Jan Lokpal Bill' keep getting improved and latest version is now available which is in sharp contrast to the initial draft. While many feel that the Government should come-up with some mechanism to deal with corruption in politics, corruption in Government Departments, alleged corruption in judiciary, I don't think that this 'Lokpal Bill' can produce any results at all. Thats why I felt that the issues of 'Citizen Charters' and 'Whistle Blower Protection' as appeared in the 'Jan Lokpal Bill' are note worthy. On other issues, a lot is to be discussed. If we talk about the corruption in politics and powers of 'Lokpal', what can 'Lokpals' do and even now, the Courts are entertaining Public Interest Litigations and now a Special Court is constituted to try the '2G Case'. This is not the first time and throughout the country, the High Courts under Article 226 and the Supreme Court under Article 32, have been entertaining writs and also Public Interest Litigations. Judiciary is independent and should be powerful in this country. Even if the courts are doing these things in this country, there are serious allegations at the functioning of courts and thee are serious allegations of corruption and the issues of ability or competency. We should have been focusing as to how to strengthen our judiciary rather this 'Lokpal Bill'. It is really surprising to me as to why the 'Judicial Standards and Accountability Bill' has not been discussed in the media or by the eminent. The popular and public spirited people having access to media, should have raised this. If there is a strong and competent judiciary, why do we need 'Lokpals' and media pressure is always there on politicians.

But, if someone raises all these issues, then, he is being branded as a person siding with the corrupt and some are branded as 'arm-chair critics'. Now, there are allegations on Shri Shanti Bhushan and Prashant Bhushan, and an allegation should never be given significance and the media should deal with allegations properly. At the same time, no one can be taken at face value and its good that certain issues are surfacing now and the public personalities should defend them and people will judge them ultimately after getting all the information. This was the substance of few people while dealing with the issue of 'impeccable integrity' while talking about former CVC Thomas and now the Supreme Court Judgment is respected by the Government.

I am hearing from the members of the drafting committee that they have been targeted to derail the drafting process and the allegations are with ulterior motive. There is no need to worry at allegations and the members of the drafting committee need not be worried at the allegations without any substance and let the allegations come. If the allegations are reasonable and noteworthy, then, no one can be taken at face value and every one should explain to the nation about their actions as they are representing the Civil Society. The effort of anti-corruption mechanism can not be derailed and it’s the responsibility of the Government. There were allegations at the spending in the movement and funding issues. Those can very easily be neglected and nothing wrong in getting some 90 lakhs funding and spending some 1crore. People will understand these issues and there is nothing to worry. But, everyone is free to make comments. No need to worry at simple allegations and the Government will complete the drafting exercise and ultimately, it is to be discussed and passed in Parliament.

It would be interesting to see as to how the 'Lokpal Bill' will be drafted by the Committee now and I feel that it is not easy job. People can't be taken at face value and it is the Government which is ultimately responsible to the people and people will only be looking at Government for good governance.

I would be extremely happy if the Supreme Court takes up the issue of delay in civil courts in this country, address the issue of corruption in Higher Judiciary, the Standards in the judges of Higher Judiciary and the Government should respect all the directives of the Supreme Court in this regard as it has respected the judgment in CVC P.J.Thomas Case.

Infact, I personally feel that it was not the domain of the judiciary to giving directions to the executive at regular intervals and by High Courts on many issues and in interfering at the functioning of executive unless the authority is conferred on the Courts. We know the difference between 'Fundamental Rights' and 'Directive Principles' and how the scope of Part-III is expanded as a result of which the High Courts and Supreme Court had entertained many writ petitions under Article 336 and under Article 32 of Constitution of India and also Public Interest Litigations. People have supported the Supreme Court then and now people are watching some suo motu directions from the High Court to the statutory authorities and interfering at executive decisions carefully. People are very quick now in focusing at the directives of the High Courts to the Governments especially and they are getting their own view of the judgment. No more it can be said that the judgment can not be commented etc.

Some where the systems were affected and there is a need to correct our system and it is the responsibility of every one to raise their voice for the welfare of the society.

Issues of integrity:

I have read and listened to the media reports that the Attorney General has made submissions about ‘impeccable integrity’ before the Supreme Court in CVC P.J.Thomas Case and the Attorney General has later clarified at the media reports. Infact, there can be people admitting to the view of Attorney General as appeared in the media initially. Knowing the complications and issues, some prominent people raised finger at the integrity of CVC P.J.Thomas and the same yardstick should apply to them also when there are allegations against them and I am sure that anything can come-out in future and truth can not be concealed. If there is some disclosure with substance against any prominent politician who raised finger at CVC P.J.Thomas, then, these people also should not hold any positions in Government. But, that may not happen. I have heard the support to CVC P.J.Thomas from some who knows him closely, but, the focus was somewhere else and now the matter is settled by the Supreme Court and there is a binding judgment.

A bad person can do good deeds and that is the theory called ‘reformative theory’ which we have studied in law as to why there should be a ‘punishment’ for a crime. A person may change and that’s why there can be many other activities in the Jail for bringing reform in the person. I have studied the book written by Mahatma Gandhi and he has disclosed certain acts committed during his child-hood and even after marriage. That’s the greatness of Mahatma that he was bold enough to disclose everything. Can we ignore the greatness of the father of the nation after studying what he himself disclosed? No disrespect to Mahatma and the point is that a person is to be valued looking at many issues. If an allegation discredits a man, then, I am sure that we will not be in a position to find people to hold positions and to be in politics. The issues are proceeding in wrong direction as I feel.

Note: the views expressed are my personal and do not present any organization and with utmost respect to the judges and the Constitutional Courts in this Country.

A completely independent corruption watch-dog is possible pursuant to "Lokpal Movement'?

2011-04-11T23:10:00.000-07:00

Various versions of the 'Jan Lokpal Bill' prepared by the Civil Society are available in websites now. If we see various versions, there is a change in the Bill proposed by the Civil Society and it is good. But, when it comes to clarifying the media over the 'Jan Lokpal Bill', there seems to be some confusion. Because, when a particular question is posed to a noted social activist about abolishing CVC etc., they have replied that the CBI is submitting reports to the Government even when the allegations are against the people in power. As against this clarification, the recent version of the 'Jan Lokpal Bill' available does not refer to abolition of CVC etc. There is an acceptable point highlighted by Shri Kiran Bedi frequently that the provisions of 'Prevention of Corruption Act' are not stringent and there are no provisions for recovery. Again, the bill proposed by the Civil Society highlights the very important issues of 'Citizen Charters' and 'Whistle-blower protection'. It is good to confer the authority of implementing 'Citizen Charters' and providing protection to 'Whistle-blowers' to the "Lopals" and "Lokayukths". Let it be a simultaneous redressel.

We are all worried at the corruption in politics, but, we can not reduce the corruption in politics overnight and it can be done systematically. There is a need to press for the 'Lokpal' and 'Lokayukth' establishment simultaneously and at the same time even if it takes time. There can be legal issues which should be thoroughly looked into. The committee should have been conferred with authority to concentrate on all issues or measures aimed at reducing corruption. This is the time to do something and get something fruitful for the society. There is little bit confusion in the 'Jan Lokpal Bill' even now. The authority to cancel licences, agreements etc.remains controversial and may not be acceptable for the Government given the complications. That may not be possible at all. The "lokpals" and 'lokayukths' may be given powers to make their own evaluation based on the complaints and can be permitted to make recommendations to the Government and I think it is very much possible. It is like the work being done by CAG, PAC etc., however, as the fight is against all the political set-up, there is nothing wrong if the powers to make recommendations is granted even to 'Lokpals' and 'Lokayukths'.

It should have been very good if the committee suggests amendments to the Prevention of Corruption Act too as it is substantial law of the land dealing with the issues of 'corruption'. Again, to what extent the 'Lokpals' and 'Lokayukths' can deal with the misdeeds, omissions or commissions of the Government Servants to be carefully looked into in view various other Central Government Service Rules and State Government Service Rules, Labour Laws etc. It may require a detailed study. If the 'Lokpals' and 'Lokayukths' are given some powers to ensure transparency among Government Servants and if there is a fear of independent watch-dog among the Government Servants, then, it will achieve great results in a very short span of time. However, there should be sufficient machinery for the 'Lokpals' and 'Lokayukths' for this and they should have their own independent protection force even if it is minimal.

When it comes to action or investigation against ministers, judges etc., the 'Lokpals' and 'Lokayukths' can be given powers to carry-on with their own investigation and they can make recommendations to the Government for suitable actions. These recommendations can be made public too. This creates tremendous pressure on any Government and it is for public good. This creates checks and balances among the 'elected representatives' and the 'un-elected and independent corruption watch-dog'.

When it comes to investigation etc. against the judges of Constitutional Courts, we need to look at the constitutional protection. With the law dealing with 'Judicial Standards and Accountability', the 'Lokpals' and 'Lokayukths' can be empowered to file complaints and pursue complaints with the scrutiny panel etc.against the judges of Constitutional Courts. If the 'Lokpals' and 'Lokayukths' are effective in its functioning with all the authority, then, we can expect sweeping change in the style of functioning in 'Lower Courts', 'Police Stations', various Government Departments, Municipalities etc.

That is why, this independent anti-corruption mechanism is to be carefully drafted after good deliberation and research. If the bill is confined or focused only on corruption against politicians etc., the object may not get achieved and a wonderful movement may get diluted and may not achieve any results.

I believe that legal experts and committed people in the Panel will come-out with a workable anti-corruption mechanism in the whole country, will put the bill for public scrutiny and discussion before it goes to standing committee and parliament for approval.

Many may try to play politics with the movement and that should not be allowed. This movement should be independent, should not be connected to politics and should not allow to get the movement politicized.

Note: the views expressed are my personal and with all respect to courts and do not represent any organisation.

2011-03-23T02:10:00.000-07:00

Julian Assange on Wiki Leaks?

2011-03-22T02:06:00.000-07:00

Some political parties in India are very busy as to how to make use of the so-called information in the Wiki-Leaks and this issue will certain keep our Indian media alive for some time for sure. We will definitely be seeing discussions on these so-called Wiki-Leaks.

I have seen the interview of founder of Wiki-Leaks in NDTV. He has said so many-things. But, we need to know and understand as to how to respond to these alleged Wiki Leaks and how to look at Julian Assange. Many may consider Julian Assange as a hero. But, we need to think logically and what is the object of leaking this information in the alleged US-cables. I don’t see any good object behind these alleged Leaks except sensationalism. On the contrary, the alleged Leaks may damage the society. Julian Assange may be seen as a courageous man as he is playing with world Super Power. But, the issue is as to whether this society gets benefited by his actions or not?. I don’t think that the alleged Wiki-Leaks in no way be useful for society as he leaks all the alleged information in the US-cables.

Always there tend to be good reasons for maintaining secrecy and it is also admitted by Wiki-Leaks founder and he says that the secrecy is maintained in most of the cases for illegitimate purposes. This is a highly debatable issue, but, we should not forget that countries are forced to maintain secrecy on certain issues in the interest of their people and in the interests of others at some times. There can be good reasons for maintaining secrecy too.

There was also a specific question posed to Assange as to whether the alleged information contained in the Leaks is true. He says that the information may be true and even may not be. He says that one need not doubt the cables and on the issues of truth of content, no one can say whether the information contained in the alleged cables are true. This is what I have understood from the interview of Assange. In this background, we need to understand as to whether we can give weight to the alleged information in Wiki Leaks or not. Assange says that we can not simply ignore the information in the cables and the recording is a serious exercise. He further says that if all the parties concerned deny the information in the alleged cables, then, some one must be lying and there should be investigation. Thus, according to me, it is nothing but a sensation and without a good objective and there can be any good objective for his kind of alleged Wiki-Leaks even if we ignore other important and complicated issues.

On the question of statement made by Prime Minister, he says that the PM is misleading and denial is a distortion of fact. This statement is highlighted in the media. With the narration given by Assange himself in the interview, it is clear that we need not give so much importance to the alleged information in the Wiki-Leaks. When it comes to the statement by PM, the PM has said that the concerned parties against whom there were references in the alleged Wiki-Leaks, the same are denied stoutly by the parties concerned. He has again said those are unverified references. There is nothing wrong in our assessment of alleged Wiki-Leaks and our responses. We need not be wasting our time on this Wiki-Leaks though it is very common for media to keep focusing on these issues. Assange has also said that in the near future, there can be many more cables pertaining to China, Pakisthan and India and China relations, and he says that those issues will be discussed by the people as and when those are released.

Assange is running an organization and he is doing his job and he must be having his own objective. He may be courageous in publishing the cables as against the warnings of countries like US. But, it doesn’t mean that the information in the Wiki-Leaks is true or the information is published for peace and with known good objective. He is not aware as to why he is publishing the cables and the only thing he can say is that he is doing his job and there should not be any secrecy. Even this argument can not stand as Assange himself says that there can be secrecy for legitimate reasons. Then, who knows the purpose behind secrecy and who is responsible for the release of secret material which is legitimate and with good objective.

Seen from any angle, Wiki-Leaks may be useful for media and further discussions and nothing more. Every state has its own problems and jobs to do on regular basis.

Note: the views expressed are my personal; do not represent any organization, my understanding of interview of Julian Assange to NDTV and no bad intentions behind expressing my own views.

Youth into Politics: Challenges before Indian Youth in making India a Super Power?

2011-03-20T23:54:00.000-07:00

Younger generation now has a lot of responsibility in making India a Super Power. We have done well in certain aspects; however, we need to go a very long way still. The growth in GDP, growth in Exports, employment opportunities, increase in literacy, reduction in poverty etc. itself can not make India a Super Power. Many would agree that India is rich, but, Indians are poor. We need to manage the growth properly and we need to ensure that all Indians prosper and Human Rights are protected. The increasing gap between rich and poor is not good for the country and it results in revolution one-day and system will get affected if people resort to extremism. We may say so many things about our country and the development. But, we can not ignore as to how many Universities in this Country are functioning, where we stand when it comes research and development, the fact that Education and Health Care have become so costly and many other issues. It is very important to concentrate on infrastructure development in the Country in order to attract FDI and in order to support Industry which creates plenty of employment opportunities. But, there won’t be any meaning for the development unless we are able to provide certain basic things to the citizens of this country. Congress-led UPA Government has brought reforms and bringing so many reforms, but, we understand the hurdles in the process. This country is aware of the impact of RTI, the Right Education, NREGA, Judicial Standards and Accountability Bill, efforts towards Women Reservation and many other issues. However, the fact remains that we need to go a very long way and the State Governments have so many things to do. There can be few developed states in this country, but, we should be focusing on the backward states and also it is important to concentrate as to whether a developed State can keep the pace of development moving irrespective of change in Governments. We have a challenge of extremism hampering growth to a great extent in this Country and this country understands the efforts being taken by the UPA Government in this regard. However, we can not ignore certain basic issues and the resistance of few vested interest people when the Government moves forward with reforms. Many Governments may not be tough on Public Servants or Government Servants thinking vote Bank and other consequences. We have a problem with these Government Servants. They always talk about their conditions, salaries, privileges and with Unions; they can even threaten any Government now. I never heard this Trade Unions talking about their responsibilities or introspecting themselves as to why the Government is being forced to look at Privatization. This tendency of Government Servants has lot to do in important sectors like Education. We all know that right to Education is a Fundamental and every citizen in this country or the people below poverty line should be entitled for basic education at free of cost. We had lot of experience with Governments Schools and Government Schools were doing a great job in the past and we have great teachers. I don’t know as to where we have gone wrong, but, we have spoiled the system now in some states. There may be a bigger problem with Government Schools and the State Governments may feel it very difficult to get the job done from the teachers and the doctors in Government Hospitals. But, this should not be the reason for ignoring our Government Schools and Hospitals. We have Universities in this country doing nothing except giving PH.D’s to the most underserved. There are serious allegations as to how Ph.D’s are conferred in some Universities. There is no innovation, but, we have many doctorates and the Government may be spending a lot on Research and Development, I don’t know really. We have some politicians knowing nothing about administration and who knows only as to how to win in elections. When people to go Government Departments and especially Departments under State’s control, we feel ashamed really as to how they keep the system confusing as to get a larger room for corruption. Even about the rules, regulations and G.O’s at State Level, citizens may not know much and they may be very busy in their routines preferring to pay bribe. India has a substantial role in the world when it comes to Software Exports, but, with all technological development, we are not able to make this system transparent. It is very easy to blame politicians from outside and it is very easy to say that there is so much corruption in politics and corruption in politics is the reason for under development in India. But, that’s not true at all. There can be corruption in politics any where in the world and there can be favourism. But, in India, with cast playing a big role and with lot of poverty and as every citizen has a right to vote, there is scope for muscle power and money power in politics rather ability and commitment to serve the people. The younger generation can not stay away from politics just because politics are corrupt and they should be mature enough to understand things and to serve the people. There are many issues we need to concentrate and it is the responsibility of younger generation to take the challenge and to act in a matured way rather resorting to extremism or pessimism. I would like to express my views on few challenging issues in this country.

Youth into Politics:

Many criticize politicians so easily and we talk about political corruption very frequently rather thinking towards the solution. I do believe that great people in this country did think about the ways to reform our politics. We have brought some reforms to Peoples Representative Act, we are discussing about the tendency of buying votes, not allowing people with criminal background in contesting elections and also about State funding. I was thinking a lot about politics reforms when I was a student of law. When I used to think about political reforms in this country, I thought we can not reform this politics unless we deal with ‘caste’ issues which have a direct link to reservations and unless we think about providing ‘Right to Vote’ only to the people who are educated. When I was thinking about providing ‘Right to Vote’ to educated only, I thought that the educated in this country will not ignore the interests of the illiterate and poor. Because, no political party may be interested to give money to a person who is educated. I have heard a discussion on public funding of political parties, but, I know that it is very difficult to deal with this issue too and even drafting a regulation providing public funding will not be any easy issue and it will lead to so many other complications. Great people have concluded that the public funding will not solve the problem of election expenditure. Many also opine that spending lot of money in elections and buying votes may not guarantee success, however, not spending money in elections can guarantee defeat. This is a fact. As such, I we need not think too much about this issues and Election Commission is there to enforce its regulations and it will be doing its job. As this issue of elections, election expenditure and buying votes etc. are scary, we need not be pessimistic and the younger generation should understand this ground realities and should be mature enough in dealing with the situation. As such, now, one requires money and muscle power in elections and it may be difficult for an honest person to contest independently and win the elections. It is also very difficult for the honest to establish their own political party and its all very difficult exercise. It’s a fact that one needs sponsorship in politics and there should be funding to political parties. This is the situation everywhere in the world as I believe. I have also heard a serious reference to the election funding in the last American Presidential Elections where Hillary Clinton has pointed at Barrack Obama. As such, these issues are there everywhere and tend to be there. Now, in India, if one has to start a political party, they also need their own News Paper having good circulation and they also need their own Television Channels with good TRP ratings. This is the situation in this country when we talk about electoral reforms or political reforms. The younger generation should be mature enough to understand these ground realities, but, it is not good for them to hate the politics altogether. Even with this background and ground realities, Shri Rahul Gandhi is asking the younger generation to enter into politics, but, we may be posing questions to him in our Universities thinking that we are brilliant and he is knows nothing. We should remember that what he is saying is for the country and not for him. Being the President of Congress Party or becoming Prime Minister is not an easy job and it’s a great burden and responsibility. We may look at positions as power, but, we should very often forget that those are responsibilities. No prominent politician seriously talks about the role of youth in politics in India except Shri Rahul Gandhi. Now, many politicians may be referring to youth knowing the role of youth, but, they are not serious in engaging the youth in our political system, but, Shri Rahul Gandhi is serious. I don’t think that there is a need for Shri Rahul Gandhi in advocating these reforms and he too may play old fashioned politics. But, he is doing his best to reform our political system and he believes in the youth power and wants to see greater engagement of youth in our political system. Given the ground realities and complications, there is no way for the youth except to participate in the political system through an established and known political party. Without thinking at ground realities, some are very brilliant to comment that still Gandhis are ruling, Rahul has no degree, Rahul doesn’t understand politics and other useless comments according to me. Everyone has a freedom to express their views and differ with others, but, there is no point in making useless and motivated comments. Infact, these people making useful, untruthful and illogical comments do hinder the growth of India. Instead of being a party to the constructive exercise, some of the youth may willingly or inadvertently be part of destructive exercise.

But, what worries me most in politics now is that the people who know nothing become the leaders and rule us. There are complications in our political system; however, ability should have a greater role in politics. It would be very difficult for any political party to find the youth or the people who are matured to understand the ground realities and at the same time that are able and brilliant to serve people. A candidate contesting in elections or the party on-behalf of the candidate may be spending money in elections, but, still the same candidate can do lot of service to the people and can make the system more transparent and efficient. It is the challenge before any political party to find the people or youth who understand the ground realities and move ahead. Than anything, we should not tolerate the following things in politics.

a. Inefficiency.

b. Lack of commitment to serve the people.

Simply by their voice and criticism of society, youth may not be able to achieve anything unless there are mature enough to understand the things and work for the betterment of the society. Youth and efficient need not be in politics to do service, but, we need the efficient and matured youth in politics in order to make this system function well. Hoping that the youth of this country understands this and move forward if time permits them to do so. All youth need not be interested in politics, but, they should understand the things, complications and they should follow the political affairs without linking the politics to caste, community and other issues. It is important to keep this country truly secular and there should not be any scope for divisions which leads to unrest threatening the integrity of the nation.

How the youth of this country understands the politics and be part of the system will determine as to whether and when India can become the Super Power in the world.

Media:

Media is no more independent now and the people are not in a position to rely on media reports unless the issues is disused clearly. Political parties own News Papers, Television Channels and the media is in the control of politicians and these politicians and political parties tries to protect their rights using their own media and the media can misled the people too. Its an established fact now. Earlier, we all defended the freedom to media and we used to counter it heavily whenever regulations are placed on media. Now, many criticize media and many understand that media takes sides. There can be independent media, but, its very difficult now to find-out as to which one is independent and which one is biased. They use all tactics to force their thinking to the people and they will do their best to influence the people. Media can do so many things really and it can reform this society. However, they are very busy with their issues and keeping their TRP ratings intact. They say that they need not have a responsibility and they can not do charity. There is a merit in the argument of media too, but, public interest is above all. However, it is very difficult to regulate media and there should be awareness among the people that what media says need not be correct. Media reports are not believed easily now and people can very easily say as to which is channel is owned by whom. Media is the medium of communication and that is why, it plays a very important role in the society and they should discharge their responsibility. Independent Media will continue having respect and the Independent Media will definitely be appreciated by the people. The issue is very important and we need to find ways as to how to prevent the media in damaging society and as to whether it is possible to regulate the media. If regulation is not possible, then, people should be enlightened that they need not be emotional looking at breaking news and media analysis without a through probe into the issues. How do youth of this country handles this is also important. Media has a big role in the days and media is certainly a powerful tool in reaching to the people. Media can promote an inefficient as efficient, a corrupt as clean, a gunda as if he is mahatma. Media can do so many-things and without thinking as to whether it is a fact or not, even Sara Palin has referred to media when she has attended the 2011 India Today Conclave. Internet without boarders is likely to dominate the media and internet does play a substantial role in changing this society. It is to be seen as to how youth of this country deal with the media and make them to be part of construction rather destruction.

Education & Health Care:

I know many software engineers and other educated now employed in good companies taking good remuneration. Many of these friends did study in Government Schools and colleges and they did struggle with poverty. Despite the poverty and other issues, they could grow and achieve positions in life now. However, now, these software engineers employed in good companies and taking good remuneration finding it difficult to get their children educated. If this is the situation for the educated and employed, then, what about people living below poverty line? Still, in this country, substantial number of people lives Below Poverty Line. I strongly believe that we can not get away with this Education and Health Care through Schemes and Privatization. We are not like United States of America and we need to go a long way in reaching such a position where we can completely support the Private Sector in Education and Health Care. State Governments have a big role to play in imparting education and in providing Health Care. Our Governments have lot of money in their hands now with industrial and overall growth, but, they spend all the money towards achieving their political agenda. There can be many interesting schemes in many states in this Country and those may yield temporary results for the political parties, but, they should remember that people will realize things and they may have to pay heavy price for what they followed. If this country can not provide education to the people Below Poverty Line at free of cost, then, we may have to pay a very heavy price for that and we will also see internal revolution. It is such a sensitive issue now and we can not ignore this. There may be problems in Government Schools and Colleges, but, we can not ignore this system and education through Government Schools and Colleges. We may not be able to effectively regularize the Private Schools and there are difficulties and the Private Schools may have their own justification. These private players will initially say that they will do charity and later on, all the private managements put terms to the Government and black-mail and we are seeing these things now. We can not ignore all this issues concerning education to the citizens of this country. We need to think as to how we can provide quality education through Government Schools to our citizens. It’s a complicated exercise and State Governments have a greater to play in this direction. But, the youth of this country should keep focusing on this issue and they should keep the pressure on their respective governments. We have already ignored or neglected education through our Government Schools and we do not bother giving salaries to teachers without any work or without demanding any work. Governments will not be tough on the teachers looking at vote Bank and their service for various other issues. If we allow this to go further, then, this system will collapse and with all this policies, the gap between rich and poor becomes more and more leading to extremism and revolution one-day. Extremism and revolution is not good and it is difficult to handle those things even if those are for the right cause. It is not an exaggeration, but, this situation may come definitely. It is the responsibility of the youth of this country to address this.

On the same footing, we are neglecting our Health Care and we are neglecting our Government Hospitals. We have many schemes in many State Governments providing treatment in Private Hospitals, but, we know that there can be lot of misuse with these schemes and these schemes can not substitute the provision of Health Care through Government Hospitals at various Hospitals to the majority of the people living Below Poverty Line. We may have doctors in Government Hospitals, who focus on their private practice and who won’t work. We should understand as to how to deal with these issues. We need to sit with the doctors, medical students; associations and we should find a way out in this regard. Just because, there are problems, we can not ignore these Education and Health.

There can not be an argument that we don’t have funds. We have funds, but, those are not being directed towards the priority sector. We are not against government concentrating on infrastructure development, but, we can not ignore our Education and Health. There can not be any meaning for growth unless our people are secured that they get Education and Health Care with minimal cost. Otherwise, where is the mining for Human Rights, Right to Education, Right to Medical Aid, Right to Life and other rights as provided in Part-III of the Constitution or declared as directive principles in our Constitution. It is not enough getting a declaration or an observation from the Supreme Court that the ‘Right to Education’ is a fundamental right, but, we need to really secure these rights to the citizens and especially to the people Below Poverty Line.

Agriculture:

Farmers do face lot of difficulties with the middlemen. The problems of our farmers to be understood and State Governments should give utmost priority as to how to protect our Agriculture. We can not ignore our Agriculture which provides livelihood to majority of Indians even now either directly or indirectly. Our State Government Agri Departments should function efficiently addressing the problems of the farmers from time to time. We need to maintain a modest Agri growth while focusing on the Industrial Growth. We need to concentrate on both.

Legal System:

There is a lot of talk about our legal system. How come we claim that we are developed unless our rights are duly protected with due process of law? We need not look at the role of Police, the investigation, the corruption in Police Department and other issues while we talk about legal system. Yes, we need good police men, investigators and we need to have a mechanism where the orders of the Court are implemented effectively and speedily. The role of Police and connected issues need not necessarily be merged while talk about legal reforms. Because, the police reforms are directly connected to politics and political leadership. That’s a bigger issue. I have read an observation of Supreme Court where it is noted that a Civil Case may consume some 15 years to see a finality if the matter is fought up to Supreme Court. I know cases which are pending in Trial Court itself for 6 to 7 years. As we are getting our rights protected through courts effectively and speedily, there is a chance that the people will approach gundas and get their things done by bribing police officials or by paying rowdies. This is already happening in our country. Big commercial litigation is normally fought with Arbitration Mechanism now and even otherwise, there will be priority for these cases before Courts. We need to have a serious look at our court infrastructure, the quality of judges, the work culture, and the quality of legal professionals, the procedural issues and other connected things. We can not ignore our legal system anymore. I know that there are complications in bringing reforms in our legal system. There can be resistance from the legal professionals when the Government or the authorities push forward certain reforms. But, we need not have a clear plan as to how to go ahead and we must be able to effectively deal with the resistance too. We can not post-phone legal reforms just because, there is resistance. Despite some criticism over the appointment of judges in Higher Judiciary and other allegations, the Constitutional Courts do interfere in the matters of public importance and that’s where people in this country still respects the judiciary. But, clearly, this is not enough. This country needs to establish a legal system which is transparent, efficient, speedy and reachable to the common man. It is not an easy task to deal with this issue, but, we have no option. If the Courts and the legal system fail, then, there is really no meaning for democracy and ‘might become right’.

People are scared of approaching Courts in many cases and people find ways as to how they can get their rights protected even without approaching Courts and as a result, anti-social elements come in the picture and we will see ‘Katta Panchayats’ which were condemned heavily once by Justice Markendeya Katju while he was the Chief Justice of Madras High Court. If we let the things go so deep that we can do nothing, then, no one can save this country and we should remember that turning the clock-back would be extremely difficult.

Youth of this country should not be scared at the problems and we need to find solutions in order make our country a Super Power. There is no problem without solution and we need to find the solutions.

Industrial Growth and the ‘Sustainable Development’:

Environment is most important for the society and that is why even the developed countries talk so much about protection of environment. Industrial growth will have a define impact on environment; however, we can not ignore the industrial growth if India needs to compete with the rest of the world and if India needs to reduce the rate of poverty. The principle of ‘sustainable development’ is emphasized by the Supreme Court of India and the underlying principle is the balancing act between environment and the industrial growth or growth. But, the problem is that the environmental regulations are very often flouted and there is a problem with the co-ordination between State Environmental Pollution Control Boards and the Central Board. Now, the rules and regulations governing the protection of environment are very often discussed and the Government does take enough care and expresses concern at our environment. Even for adhering to the principle of ‘Sustainable Development’, corruption comes in the way and according to me, even for the Courts, it is difficult to deal with these issues on regular basis and there can be an impression on the judiciary that it interferes with the functions of executive frequently. It is also true that there can be people with vested interests who will always try to hamper the industrial growth. A careful balance is to be made in this regard. Youth of this Country should also be concerned at our environment and it’s the responsibility of any Government to protect the environment. There can be public pressure in the right direction and at the same time, people should be aware of the vested interest groups hampering the growth referring to environment.

Youth should have an understanding of all this issues and we rarely see State Governments undertaking some projects aimed at protection of environment. There are regulations governing Coastal Area, however, we see clear violations of Coastal Area Protection Regulations and in most of the cases, powerful people are involved in violation. When it comes to demolition of construction violating the Environmental Regulations, there are difficulties and the Courts find it difficult to give a clear order of demolition of unauthorized and illegal constructions. Courts do its level best in the matters of public interest and we have many land-mark judgments of Courts in this regard. We have a land-mark judgment on regularization and we have seen cases where the Courts are very tough at the industries at times.

The youth can not ignore these issues and youth should have an understanding of all important issues like environment and the issue as to how to balance the industrial growth and the environment.

Transparency in all Government Departments:

There is some change when it comes to functioning of Government Departments now. With technological revolution and with e-governance, many departments are computerized and we do not know as to whether the effort is sincere or an ‘eye-wash’. But, there is a change and we can know about the government, rules and regulations etc. through Internet now. This is a welcome change and Right to Information Act forces the public servants now to be transparent and to maintain the records properly, as otherwise, they will be fixed one day. The corrupt officials in various Government Departments find various ways hampering the reform process. Many Government Departments are supposed to provide the vital information and information about complaining authority. However, we may not find this information and no one talks at the responsibility. This is the problem in various states. No Government is prepared to come heavily on the Government Servants when they ignore their responsibility. These are vote bank politics and we rarely hear from the political parties which emphasize the need of Government Servants discharge their duties properly. The intention with which a provision is made to form Trade Unions is also being misused often leading to blackmailing Governments. Governments should be in a position to deal with any contingency of this kind and every department should have a clear plan as to how to counter these kinds of problems. If the departments make the system simple and transparent and if all the important records are kept on-line and preserved using Technology, then, there is a chance of effectively countering these blackmailing by Trade Unions. I never heard Trade Unions talking about the responsibilities of Government Servants and we do not have time to look at the issues of transparency etc. Instead, we prefer to pay bribe and get the thing done. These kind of things should stop at one point and public servants should be forced to do their duties while there should be due concern at all their legitimate demands in accordance with law and changes from to time in the society.

We have seen some change in the recent past with e-governance and with RTI, but, we need to still go a very long way in this direction. State Governments have a lot to do in this direction and we don’t bother even if the political parties do not refer these issues. I hope that the youth of this country find solutions for the problems of this kind.

I have just referred to few challenges before the youth of this country and I firmly believe that youth can take this country forward and make this country a Super Power. We have so many problems in this country with coalition and black-mail politics and too much concentration on politics rather administration. There are problems and these issues will definitely stop at one point of time, but, educated youth should understand the problems, should not become impatient and should persist discharging their responsibility to the society either directly or indirectly.

Youth should not be casual to what is happening around them and they don’t think that what they know is correct. Youth should be optimistic and should not fall into emotional trap when it comes taking part in our political system either directly or indirectly. Indians should be united, should understand the danger of divisive politics and people, and should take this country forward and make this country a Super Power. It is our responsibility to work for the country and we can not blame politics and politicians for all issues.

Note: the views expressed are my personal and do not present anyone or organization.

Wiki Leaks on the alleged 'Cash for Vote'?

2011-03-17T10:22:00.000-07:00

I am really surprised to listen to the media discussions that there is a bigger crisis in the UPA now with the Wiki Leaks on alleged 'cash for vote' issue. With political parties starting media channels and news papers and with media taking sides clearly, people can no more rely purely on media reports. People will gather information from all sources and listen to various issues and people, then, will form an opinion. The media issue and media taking sides is more dangerous in this country now. Everybody wants complete freedom to media, but, that freedom can be misused using all tactics. There are people saying that the media freedom is being misused and I strongly believe that there will soon be louder voice on the role of media in this country. Media can raise any issue, can conduct discussions on any issues and it is its responsibility. Earlier, information pass through media only, but, now, everything has changed with Technological Revolution.

It is not proper to discuss parliamentary proceedings when the session is going on, however, everything is being discussed now. Its good only and there is no problem with this. People doesn't want disruptions and they want a healthy debate. Frequent disruptions will make a very wrong precedent as governments keep changing frequently and especially at State level. With all discussions, nothing concrete comes out and only sensational issues or political issues are discussed very often. People understands all this. The issue of inflation was raised when the onion prices went so high in some parts of the country. Then, government has taken certain steps like importing some products and banning exports etc. Inflation has gradually come down now to some extent. Inflation in food product prices is really a great concern for the country and the issue is complicated too. If the prices go too low, then, the farming community will directly get affected. If the prices of food products goes too high, then, the public will directly get affected. Its a deeper problem requiring thorough discussion. But, I don't think that we have discussed that issue and found some solutions. We know that all sensational issues or the issues raised by the media are often talked now. Yet, it is important to root-out corruption and corruption is an issue. But, no one can buy an argument that corruption is a party centric and everyone knows that it has crept too deep into the system and we need to find some real time solutions like political reforms. Even bringing political reforms is not an easy task and it will take some time. Change will definitely come with overall development, poverty reduction, increase in literacy and technological revolution. People support that the corruption is an issue and it is to be raised and discussed. At the same time, people understand the complications and will form a right judgment on any issue.

What surprises me is that a demand for resignation of government or Prime Minister on all issues. If Prime Minister has to resign like this, then, no Prime Minister can function even for a month and governments keep changing. Finally, there will be exposes, discussions, media reports etc., but, there won't be any development in this country. Many people wanted a discussion on 2G issue rather JPC and its my opinion. People will follow things closely and they knows the realities and also the complications. Media wants hot news item always and it is the attitude of many electronic media as I believe. Breaking news keep coming. People are knowing the damage being caused by some media especially Local Media and I am sure that there will be a strong voice asking for regulating media too. We can not go by the credentials and goodwill of some media and we know that any media can change sides and can side with someone. There can be many issues behind this. I am not against media freedom or individual freedom as guaranteed under constitution of India. But, I am worried at the damage being caused to the society by the media or through the media claiming to be independent and claiming freedom of expression.

'Cash for Votes' issue is not an issue now in the minds of the people and people are aware of all ground realities and complications. People understand all issues clearly. There are bigger issues in this country which are rarely discussed. We have a problem with transparancy in government departments, problem with Government Employees in some cases, we have a serious problem with our legal system and we need many legal reforms, we have a problem with our educational system and we have a problem with our health care. These are very important issues which are not discussed as it requires in my opinion. People will be extremely happy if the opposition focus on this important issues too apart from raising all other issues. Many may criticise UPA government, but, many also will look at RTI, Educational Reforms, the proposed Whisle Blowers Protection Bill, NREGA, planned fight against extremism, improving relations with US, focus on Nuclear Energy, Food Security, Women Reservation issue, proposed Judicial Standards and Accountability Bill, work being done by NAC and plethora of other issues. So, people understand things.

BJP could not deal-with the corruption in Karnataka as many say and on the other hand, Congress did not succumb to pressures in Andhra Pradesh when it comes to taking a firm decision on Chief Ministership. This is the clear difference people will see between the parties. Opposition may keep attacking Prime Minister, but, he keep enjoying public support as people believes him and his leadership in Congress Party. BJP objects to IT notices to Gujrat and I don't understand the reason for their objections. They say some witch hunt. I don't think that the Central Government discriminates the states based on the party in power in the state and I don't think that even Shri Nitish Kumar will buy this argument. Its my perception.

If there is a frequent disruption, then, there will not be any meaning for disruption even when there is a right cause. Disruption of a House can never become a precedent barring party lines. We want discussion on issues and we don't want political discussions or discussions with political motives.

There are people opposing Nuclear Energy and there is an opposition to Jaitapur Nuclear Plant. We are aware of the problems with Nuke Plants and we are aware of the problems with Nuclear Accidents. At the same time, can we say 'no' to nuclear power?. We can not and we need to increase our Nuclear Energy capability as scientists and economists say. People opposing nuclear energy should stop using cars and electricity and we can be unrealistic. We are aware of the problems of industrial development, however, we are towards sustainable development. A greater degree of care is needed on Nuke Plants and in India and everybody supports that. When it comes to Jaitapur, the issue is about usage of Technology which only scientists can say as to which is the best technology. On selection of location, many say that it was a good location for the plant. This issues people will understand. There can be media pointing at everything and they keep running episodes and they themselves will give different versions on the same issue. It is like cinema and its true with local media in several parts of India especially.

On Indo-US relations, we should continue having good and strategic relation with US while protecting our interests. I believe that every Government in India will pursue same policy and we have media discussions saying that US is overreaching India etc. As we follow internal affairs of US closely, they too will follow. As America is a developed country and as India requires some help from US from time to time, US will obviously be having some freedom and I don't think that they will cross the lines and can cross the lines. There can be many strategic issues which the government may not be willing to discuss in public.

In the recent past, each day we have a big breaking news and discussions based on breaking news. Nobody opposes the media highlighting CWG irregularities and 2G issue and at the same time, it may not be correct to keep sensationalizing each and every issue.

I was surprised to listen to media reports that there was a bigger crisis in UPA now with the Wiki Leaks. People understand the realities and complications and every knows the extent of corruption in this country at various levels. Even for doing some good thing, one may have to resort to corrupt practice at times and it all happens and its a reality.

Note: the views expressed are my personal and do not present any organisation. I have no intention belittle our Parliament or interfere with the connected privileges.

2011-03-15T01:39:00.000-07:00

Will 'Cash Transfer' policy works in the place of PDS system?

2011-03-12T23:13:00.000-08:00

There was a debate at 'cash transfer' policy in the place of existing PDS system or mechanism to serve the people. Its a very complicated thing, but, I strongly feel that 'cash transfer' may not solve the problem though it needs to be studied further. What is important in the society today is about Education and Health Care. We can not reduce the poverty or the rate of reduction of poverty may even go back-wards if the people below poverty line are forced to spend considerable amount of money on Education and Health Care. Education and Health Care has become so costly now and even a software engineer employed in a good company too feels the pressure in providing education to his children. In the place of providing health care through Government Hospitals, there were schemes in some states and one of such scheme is 'Arogya Shri' in Andhra Pradesh. The scheme may be good and it could have reached the people at the initial stages, but, the fact is that the scheme proved to be a feeder of Corporate Hospitals and effective auditing or regulation is an impossibility. As of now, while the private sector providing Education and Health Care are to be encouraged and regulated effectively, there is a need on the part of the State to effectively provide Education through Government Schools and Health Care through Government Hospitals. There may be problems. It may be true that the teachers in Government Schools may not be working and it may also be true that the doctors in Government Hospitals may not be working, but, that can not be the ground to give away with the system. Every State Government should have a proper plan as to how to plug the loop-wholes, how to make the system transparent and as to how to bring-in accountability. Information Technology has got enough role in bringing the transparency in these areas. If the system is planned well and if the Information Technology is efficiently used in Government Departments at various levels, then, with the availability of weapon like RTI, the system will function well. The planning should be realistic.

There is no doubt that the elections soon will be fought on Health and Education. It is good to encourage private sector and health care, but, it is very difficult to regulate the private sector and it is easier said than done. This country has come so far with excellent planning earlier and government sponsored education has got enough to do with the present development. Government spending should never go waste. There may not be any meaning in the GDP growth and growth in Tax Collections if the spending fills the pockets of few vested interest groups and if the Government spending fails to achieve the intended objects. I am sure that there is a chance of revolution and political parties may be forced to focus on Education and Health Care and these are neglected now though the State Government may give a picture as if they are doing well. The Government Schemes should reach-out to the poor. If we apply the 'cash transfer' policy to the primary education, then, will it be fruitful. It has disastrous consequences. There will be enough gap between the cash received by the people below poverty line and they will not for sure get the education through private schools easily. We can not completely rest our education or education system in private hands. While it is good to encourage private sector in Education and Health Care, any neglect on the part of the Government in providing education and Health Care to the poor will have so many consequences. It is likely that despite good intention and commitment to serve people, our policies may go terribly wrong. People are forced not send their children to Government Schools at some places and this situation requires a change. What is important for any Government than securing all its people gets the Education and Health Care. If the countries like USA focus on Education and Health Care even after so much development, there is a need for us to look at this issues so seriously. Otherwise, there will be GDP growth, growth in collection of taxes, many schemes, but, ultimately, we will witness a tremendous gap between rich and poor leading to some kind of social revolution and its not good for the Country.

As far as the 'cash transfer' in PDS system is concerned, I think it is experimental and there should have been a greater discussion before implementing the same. Whenever we talk about providing 'Education' and 'Health Care' through Government, we refer to issues like 'socialism' and 'capitalism'. We need not go by these concepts and it is enough if we are prudent. These are the comments on Barrack Obama when he ran for elections as he frequently referred to providing good education and Health Care to the people. We need not implement the policies followed by foreign countries and we need to think as to whether those policies work in Indian scenario. There are schemes like NAREGA and if we go the villages getting benefited under the scheme, then, they will tell us the stories though the scheme is being misused at some places. In any delivery mechanism there tend to problems and the Government should strive to fix the deficiencies and should try as to how to effectively reduce this deficiencies. One policy decision can do alot. For example, due to RTI, any Government Department now takes lot of care in maintaining all the required information with them and they fear to commit an illegality thinking that they will get exposed. I don't think that the party workers are effectively taking the successful schemes of Central Government to the people benefiting the party, but, these schemes will definitely benefit.

All credit goes to NAC and laying due emphasis on education and especially Private Education. This country requires to strengthen Government Schools and these schools should function efficiently. People will prefer to join their children in Government Schools only provided the management is good. Teachers employed in Government Schools play a bigger role in transforming our educational system. They should not think that they are getting salaries even without work and even if children are not coming to schools. They should realize the danger that the people will oppose paying salaries to these Government Teachers without any work.

Interestingly, rather the State Governments, Central Government is reaching-out to the public through various schemes. State Governments are supposed to be closer to the people and they continue to play a bigger role in addressing the problems of the people and in over-all development of the country.

Note: the views expressed are my personal and do not represent any organisation.

Indian Youth Congress (IYC) will lead the country soon

2011-03-12T20:13:00.000-08:00

I strongly believe that the leaders or the members from Indian Youth Congress (IYC) will definitely lead the country soon. Facing elections in future would be a different thing altogether. With tremendous development in literacy, media and all around development, role of younger generation, ability takes a front seat in elections in future to a great extent rather money power and muscle power. It is true that community continue to play a considerable role in elections even in future in some parts of the country. But, definitely there will be a change. I will tell you a simple example. We have many leaders in Congress who very frequently refer to their past and experience. But, people do not like to listen to these leaders and people now will not support these so-called experienced leaders. Slowly, there is a need to give rest to many so-called experienced leaders in the party and there will be a need to give proper place to the able youth in the party. It doesn't mean that the experience can be ignored. Even at 70's and 80's, there can be exceptional leaders who act at par with the younger generation and who are able able enough. On the same footing, there can be so-called youth leaders who lacks the ability and who follows traditional politics believing in money power and muscle power. I strongly believe that the Indian Youth Congress (IYC) attracts young talent and many are really good. But, how to get the good future leaders or the party men would continue to be a difficult task. I have heard about elections to various party positions in the Indian Youth Congress. But, I don't think that this will produce any results as of now and it may take some time to go such a stage. It is important for any leader in the organization to be recognized by people or by the majority members of the party. At the same, simply because, someone enjoys the support of the voters/members in the organization, he is fit to be a leader to lead. This continues to be a complicated exercise. There is a need to go by the majority rule and at the same, there is need to continue the selection process over election. It is for good reason only. Elections in future would be sophisticated and the leaders should possess great knowledge and ability and should have complete understanding at the problems of the people, should have understanding of administration and other issues. It is for sure.

I believe that there are many talented in Indian Youth Congress (IYC) now and the party should continue to focus on youth. Congress Party may not remain strong, unless it grooms the young talent and only the younger generation will solve the problems and expand the party base further. There are so many challenges in the country. For reform process, the collision politics come in the way and there is a need to find the solution and tackle the situation. Again, for penetrating into the lost grounds, a great exercise is to be done. Only Youth can strengthen the party and Indian Youth Congress (IYC) is doing well in this direction. One-thing is for sure that many aged and so-called experienced leaders in the party require taking rest now and there is a need to pave the way for younger generation. It is proved to the Nation that Shri Rahul Gandhi believes in youth power and wants to change the politics and wants to provide good leaders and good administration. His focus on the back-ward states irrespective of the party in power in those states makes it clear that these are the politics we need to run in future and people will appreciate only these issues. With some media supported by regional parties in various states, vicious campaign is being done on Shri Rahul Gandhi. I have heard many leaders in Andhra Pradesh frequently referring to the image of Shri Rahul Gandhi and what happened in Bihar in the last elections. I have not seen any Congress men clarifying on this in the media so far though the issue is being referred very frequently. The situation in Bihar is different and there is a reason as to why the Congress has fought alone in Bihar is to be appreciated. It is an effort to regain the lost ground in Bihar and at one point of time, it is imperative for the Congress to contest on its own in many states where it remains as a second-line party now. Unless we reach this stage, it is impossible to provide a stable government at the Centre in future and it is not good for the Country. This country can not move forward with this black-mail coalition politics and the people are to be enlightened at this issue. Party workers should effectively concentrate on the party issues and it is not enough taking positions only. There should be a clear road-map as to how to go ahead. Media is to be properly utilized.

No party which ignores youth can survive in future. I can very easily and strongly say that in the next 5 years, many of the so-called experienced leaders in the party may have to take complete rest and it is better for them to focus on their own issues. In fact, these so-called experienced do enough damage to the party as they know nothing except politics and they can not convince the present day younger generation. There is a generation gap clearly. If Shri Rahul Gandhi says something, then, the youth will focus on that. Todays younger generation is matured and they understand things so quickly. Convincing this younger generation will not be easy for anyone. It is a fact that, in the longer run, only Indian Youth Congress (IYC) can strengthens the Congress Party further.

There should also be a good planning within the party on many issues and as to how the party functions in some State or how the party should reach-out to the people. Money and muscle power may continue to play some role even in future, but, no party in future can win elections only with money and power. Media will continue to impact the people and remain strong as a medium of passing information to the people. Many leaders today lack the understanding of administration and failed to reach-out to the people. People want to listen from their leaders about transparency, education, health care, law and order and many other issues. Many leaders know nothing on these issues while the younger generation recognizes the need of these things. It is true that we can not ignore the ground realities now, but, at the same, we can not ignore the changes in the society and the role of younger generation. There are many leaders occupying good positions in the organization now, and people will really laugh at these leaders and the party can not move forward with this leadership. Younger generation too likes experienced leaders Shri Pranab Mukherjee, Shri P.Chidambaran, Shri Sheela Dekshit, Shri Manmohan Singh and many others. Its because, the younger generation is matured to understand the things now.

I hope that the Indian Youth Congress (IYC) will continue laying emphasis on reaching-out to the younger generation with an effective planning and strategy. It is true that the people will not support the so-called experienced leaders lacking basic knowledge about the societal changes and who believes only in contacts and politics. Indian Youth Congress (IYC) will be the main strength of the Congress Party soon. There is an urgent need to slowly bring the reforms in the Congress Party and there is a need soon in giving rest to many politicians and there is a need to bring-in new leadership at various levels in the party and I strongly believe that Indian Youth Congress members and leaders take-over the Congress Party in the Course. Not only Shri Rahul Gandhi, Indian Youth Congress (IYC) organization should move forward systematically and many should take the task forward with clear management, planning and strategy.

For sure, people knows that Shri Rahul Gandhi represents the youth and trying to change the politics in this country and there is a need to take this initiative forward.

Note: the views expressed are my personal and do not present any organization.

2011-03-08T21:30:00.000-08:00

2011-03-08T20:51:00.001-08:00

2011-03-07T09:37:00.000-08:00

2011-03-02T21:57:00.000-08:00

Education and Health Care require special attention?

2011-03-02T20:10:00.001-08:00

There is a reduction in poverty rate in this country with GDP growth, flow of FDI and tremendous growth of Private Sector and consequent employment opportunities. But, there is an eminent danger of resistance in poverty reduction. The reason is very simple that the common man is forced to spend substantial amount of money on Education and Health Care. Every citizen has a fundamental right to education and now the UPA Government has made the right to Elementary Education as a fundamental right. We can expect change in this country only when people gets enlightened and enlightenment obviously comes only with education. Now, many realize the importance of education. Government spends considerable amount of money on education and especially Primary or Elementary Education. Despite having schools, lot of infrastructure and employing teachers and paying salaries to the teachers in Government Schools, many are not preferring to join their children in Government Schools. Even an ordinary person with no substantial income prefers to join his child in a Private School rather the Government School. Same is the case with Government Hospitals too and we know as to how the Health Care Schemes are being misused and enabling the Private Hospitals to make lot of money. As such, it is imperative on any State Government to ensure that its funding on education and Health Care doesn't go waste. There can not be any alternative to Government sponsored elementary or primary education in this country now. The reason is very simple that the Government may not effectively control the Private Schools and everyone knows the practical difficulties. When it comes to Higher Education and the role of aided and Private Colleges in Higher and Professional Education, the Supreme Court of this Country has interfered and held that 'imparting education is not a business in commercial sense'. We have a set-up now in each State Government with specific reference with regard to the regulations to be followed by the aided or the Private Colleges imparting Higher and Professional Education. When it comes to Professional or Higher Education, we require private participation and any Government may be left with no other option except making a good balance between the interests of the management of Private Colleges and the interests of the Society at large.

But, I can not understand as to why we could not convince the ordinary man to join their children in Government Schools and why an ordinary man prefers to join their children in Private Schools only though it requires lot of money. Education in Private Schools has become very costly now and many in this country are not in a position to earn money even to sponsor their children's elementary education and the Health Care of their family. This is a pathetic situation and it is the responsibility of any State Government in this country to concentrate on this issue. I don't think that it is impossible to convince the ordinary man towards using the advantages in Government Schools. Education and Health Care touches the hearts of the common man the most in this Country. We have seen in the last American Presidential Elections as to how the issue of Education and Health Care were extensively debated. The same situation will soon come even in India. Now in India, even for a software engineer employed in a reputed MNC, it is difficult to sponsor their children's education. Imparting elementary education is a very important issue for everyone. When it comes to Health Care, we know the Insurance Arrangements etc., and these arrangements are being used by many educated and employed in this Country. This country should really be concerned at ensuring good elementary or primary education to every child.

I firmly believe that the UPA Government has brought many reforms like RTI, Employment Guarantee Scheme, Right to Education etc. and it is now contemplating Food Security, Women Reservation, Judiciary Reforms and many other issues. Though the great schemes and reforms initiated by the UPA Government lacks the required propaganda, every right thinking person knows the impact of reforms and the commitment of UPA Government. But, states have a very big role to play in reaching-out to the common man and implementing the Central Schemes. We know as to how the Central Schemes are implemented by some States now and we know as to how the Central funds are being utilized by the State Governments for their own political motives. State Government has a great work to do and as the Chief Minister of Maharashtra opined, State Governments works very closer to the people if Delhi makes a crucial policy decisions. Our leaders are so busy in politics and have no time to concentrate on the concerns of the people. They know as to how to deceive the people using caste, community, emotions etc. and some believe that with money they can buy voters and come to power. Many leaders even lacks the understanding about administration and they do not even know our Constitutional framework in this country. These are our leaders and we certainly need change in politics in this country. We need young, able and committed leaders in this country and the dream of Shri Rahul Gandhi will definitely get fulfilled one-day.

Many State Governments have failed in convincing the ordinary man to use the State funded Government Schools and it has a great impact on India's growth story and it may even become a hurdle. For the time being and for some more years, there is no option to the Government expect to make the Government Schools function well and it is the responsibility of any Government to convince the people about the quality education offered in Government Schools. If people are not interested in using the Government Schools, then, why should the Government unnecessarily spend thousands of crores and primary and elementary education. Very laudably, even in the Budget, giant share is allocated towards education and it is the commitment of the Congress Party and the UPA Government. The problem is that either the State leadership is busy in politics or compelled to concentrate on unnecessary politics, or they are incompetent to be the leaders. A Minister should be able to understand the system quickly and should be able to take steps towards achieving the goals of the Government. But, we have few leaders who lacks even the basics known to common man. I believe that UPA Government is doing its best addressing this issue and people knows the politics.

Note: the views expressed are my personal and do not represent any organisation.

2011-02-25T07:42:00.000-08:00

2011-02-21T09:19:00.000-08:00

Shri Rahul Gandhi's dream of changing the political system should come true?

2011-02-14T04:56:00.000-08:00

Despite having so many communities, casts and complications, India, as a nation has achieved alot. There is tremendous improvement in literacy, reduction of poverty, plenty of employment opportunities, technological advancements and the world is looking at India as a future super power. But, considering the population and the competition, we need to go a very long way. We have real challenges. We need to concentrate more on integrity of the nation. We need to defeat divisive forces. We need to concentrate on reduction of corruption and we need to improve the working of our Public Distribution System. We need to focus on our R & D. We need to ensure quality education and medical aid affordably to the people below poverty line. Likewise, we have so many challenges.

Despite all the developmental activity in India, there is no much improvement in our political system. We are seeing leaders who wears costly clothes, use costly cars and who maintains thousands of people to support all their deeds. There is nothing wrong in wearing costly clothes, using costly cars and there is also nothing wrong if people support them. But, thats not the issue. Many of our leaders lack the basic understanding of our political set-up, administration and the challenges facing the country. They know as to how to influence the police officials at their locality, how to maintain relations with rowdy's and gundas and how to organize rallys to show their strength. With these kind of leadership though we have few exceptionally good leaders, India can not move further and India can never become Super Power in the world. When the politicians are attacked, they take a defence that the people criticizing politicians should enter into politics and should make the difference. Its true that our society is so complicated and its true that illogical caste or creed etc. still plays a dominant role in the society. With overall development, now, even educated are focusing at the political developments in the country and they do have the understanding of what is going on in the society now. Many educated now are in a position to make their own independent judgment of an issue irrespective of what political parties or the leaders say. But, though these people are committed for public service and though these people have all the qualities to change the system, the avenues for these committed, young and educated people to enter into politics are dismal and its a fact. There can be some extraordinary people who will make a strong push for change like Dr.Jayaprakash Narayan of Loksatta, but, even these people are humiliated though nothing happens to them personally even if they fail to achieve their objective.

Some leaders are making lot of money through politics and with their money; they can bring thousands of people together for their personal goals. Its shocking to Indian democracy and the people had to see all these things as silent spectators. A person who knows nothing except the wrong-deeds are making thousands of crores using their power, whereas the brilliant people and scientists are struggling to even have a decent livelihood. Good teachers make good students and we know as to how teachers have moulded many great personalities in the society. These teachers only get salary and they may struggle in life too. All these great scientists, teachers etc., are serving the society and making this country strong though they get a measured life-style. Whereas the people who are weakening this country are having a luxurious life and making thousands of crores and they are regarded in this society as VIP's. Unfortunate and this situation should change.

To change this situation and for the able and committed to enter into politics, there are two ways. Either he should contest as an independent or he can also start a political party with clear objectives. Otherwise, an established political party should recognize and allow this able and committed to service the public in one way or other. The first option will not work with the illogical perceptions of the people and the attitude of the media. There can be good media, but, we have reached a situation where many political parties own media houses either directly or indirectly. Now a day, it is very difficult to find an independent media. This is a very dangerous issue. Media should appear to be independent and also should be independent. Media sides with political party or the vested interest groups now a day and its not good for the country at all. Media provides information to the people and if it provides wrong information, then, it affects the society. But, regulating media is a very difficult issue. I would like say an example in the State of Andhra Pradesh. Many educated in Andhra Pradesh knows Dr.Jayaprakash Narayan and his ideals. Loksatta organization is responsible in educating people and it has done a good job. Our media people will not give an opportunity to Loksatta Jayaprakash Narayan to air his views frequently on the important issues though they conduct useless discussions concentrating on TRP ratings. They show an inefficient and a harmful person as a hero, but, they will not show Dr.Jayaprakash Narayan in the interests of the society. Politics apart, it’s the responsibility of the media to be independent and to work for public good. They need not do charity, but, they should not harm the society for their own gains.

Thus, there is no chance for a person to enter into politics on his own and with his own party unless he is deceptive and unless he is wealthy. The only good option now to service the public in a meaningful way is to work under some established political party. If anyone wants to work for the betterment of the people through politics, he should understand the limitations and complications and should do his best for the people. The only prominent political leader speaking on this issue is Shri Rahul Gandhi. He is constant on this and it is very rare to see statements from Shri Rahul Gandhi which carries only politics. He talks about the importance of secularism, need to fight against divisive forces, talks to young people constantly and appraises of their responsibility to enter into politics, and also talks about the overall development and development of all regions in the Country. Though Congress is not in power in Bihar, Shri Rahul Gandhi talks about the underdevelopment in Bihar and Utter Pradesh. I firmly believe that he is trying to change the politics in this country despite the limitations and complications. Shri Rahul Gandhi is the only prominent politician asking young people to work with him and ensuring them a chance to work for the people soon. No other politicians speak on those lines. There can be critics criticizing Shri Rahul Gandhi illogically, but, he rarely responds to those and he is focused on his job.

As Shri Rahul Gandhi believes, young and talented should enter into politics if possible and should service people and should become a part of change in the country’s political system.

We can not venture having this joker like politicians who knows nothing. India is aiming to become super power in the world and for that we need to change this politics and we need to have able and efficient leaders at all levels. Pushing for right change is also very difficult in this society. The people pushing for change will struggle and the vested interests groups very often succeed. Unfortunate. Vote Bank politics should change and our politics should change. The opposition should be in a position to co-ordinate with the Government in administration and they should not always think about destabilizing the governing and coming to power at any cost. We should confine our politics only to election time.

Media has a big role in changing the society and they can easily harm this society too.

Note: the views expressed are my personal and do not represent any organization.

Andhra CM Shri Kiran Kumar Reddy making Congress further strong in the State?

2011-02-06T23:57:00.000-08:00

Congress is the only party with strong ideals and committed for people's welfare?

2011-02-06T21:44:00.000-08:00

It is very easy to talk about legalities etc. and it is also very easy to attack any ruling government as there tend to be irregularities in any Government. There can not be any political party in this country which is beyond criticism. We have seen the aggressive campaigns and media concentration on the issues of Price Rice, Common Wealth Games, 2G Spectrum issue, Swiss Accounts etc. Every political party, media and every citizen has a right to criticize any Government and infact, we can not expect any reforms without criticism. But, the way in which the Congress led-UPA has handled the issue makes it very clear that the Congress is the only party with strong ideals and committed to bring proper reforms. When it comes to the issue of Price Rice, I believe, the people are aware of the commitment and intelligence of our Prime Minister and the commitment of Congress Party. On other corruption allegations, Congress has responded within the party and even the Government has shown the commitment. Congress Party has sent a strong signal that the corruption will not be tolerated and the Party could take action on its prominent leaders like Shashi Tharoor, Chavan, Kalmadi, did not succumb to the blackmail politics in Andhra and Congress shown its commitment on many occasions. We can not ignore the basic reality of politics in this country, as to how the parties are funded and other complexities. Corruption is there and will be there and every Government should take concrete steps to deal with the corruption. We can not achieve anything by campaigns only and the Congress has brought the RTI Act etc. to deal with institutional corruption. It is true that the issue of illegal money in foreign banks is a cause of concern, but, we do not know the complexities. Is it possible to book all A/c holders under Criminal Laws and is that correct?. Is it possible to link A/c Holders to the commission of offences unless there is a clear proof?. It may be easy to book the A/c Holders for evasion of tax and tax can be collected. I do not know all these issues, but, I believe that there exist many complications in the Course. Shri Pranab Mukherjee has given all the information as to the action being taken by the Government in dealing with black-money and about Swiss Accounts etc. This problem is there everywhere in the world and many countries are facing these problems. We can not find immediate solutions to these problems. We can not achieve anything by mere slogans and discussions unless the Government in power handles the issues carefully and the Government is apparently doing its job. Commitment of the Congress party for the welfare of the people is very clear from its actions and in statements. Congress led-UPA Government has focused on Right to Education, Inclusive Growth, and Employment Guarantee, bringing transparency in Government Departments, handling the extremism and dealing with the politicians working with unacceptable attitude. Everyone knows the rebel issues in Andhra Congress and even then, Congress did not give-up the people's cause and did not allow the vested interest people to succeed. On the contrary, BJP could not even touch Mr.Yedyurappa despite all the allegations and even comments by Hon'ble Justice Hegde. Thus, it is clear that the BJP will organize Teranga Yatra, stall the Parliament focusing on destabilizing the Government as if there is no other problem in this country, raise the voice for Separate States for political mileage etc. It is true that the people of this country are desperate to see reforms in this country and they fed-up with old fashioned politics. But, if we compare the actions of BJP and the Congress, then, it is clear that the Congress believes in Concrete Action as required and this country understands that. The manner in which the Congress is bringing new laws, schemes and reforms, and the manner in which the Congress handled the critical issues, makes it very clear that the Congress is only strong political party with ideals and commitment for the welfare of the people. There is a lot to be done in this country and I believe that Congress led-UPA Government continues its good work further. I also hope that the young and talented will enter into politics and lead this country at various levels. Today, people will not give any importance to the old fashioned politicians who are interested in giving press statements. The society has changed and there is a need for all political parties to encourage young, active and talented in their parties. Integrity of the country is important and we can not venture encouraging divisive politics at any cost now. We need to adhere to secular principles, need to work towards erasing the cast differences, need to bring transparency in Government Departments, need to provide free and good education to the people below Poverty Line, need to provide good Health Care to the poor and marginalized sections of the Society. Our politics and administration is very complex and I believe that only Congress is the strong and committed party to bring reforms and work for the welfare of the people despite various complexities in the society and administration. All credit goes to Smt.Sonia Gandhi and her guidance to the party and to the Country.

Note: the views expressed are my personal and do not represent any organization.

Dealing with corruption is not easy?

2011-01-30T22:48:00.000-08:00

As everybody admits corruption is serious thing in this country. It is true that we can not achieve inclusive growth as intended unless we deal with corruption sternly. Everyone knows that there is corruption in our political system irrespective of parties and it is not party centric though political parties raise corruption issues against each other continually. We need to have a clarity as to how to proceed further in dealing with corruption at all levels and especially in public administration. Corruption in various government departments and local bodies directly affect the people. Whenever we talk about corruption, the media and political parties focus on few cases like the Oil Mafia in Maharashtra, the issue of Black-money etc. It is good to talk about corruption always and at the same time, it is important to proceed with concrete steps in dealing with the corruption. No point in talking as we will not bring change in this country by talking even in the next 100 years as Shri Rahul Gandhi has commented in the recent past. People are really fed-up with motivated campaigns and they are not bothered at so-called campaigns and they are concerned as to how to handle the issue of corruption and how to reduce it. Elimination of corruption is impossible and we need to lay focus on reduction by taking practical, logical and concrete steps. For example, every citizen is entitled for information under RTI Act now and I believe that there is a move to bring a law to protect whistle-blowers. It is really a good move. I have seen many cases where the citizen gets required information under RTI and questions the Government Officials and Government. There is a danger that the spirit of RTI may be diluted by Governments and we should not allow that. All steps are required to ensure effective implementation of RTI Act in India.

We all know that corruption exists in our political system and all political parties require funding to run the parties. What is shocking is that our leaders do not lay focus on proper functioning of Government Departments. When we talk about corruption in politics, we raise the issue of ‘Lokpal’. With great respect to Indian Judiciary and Honest Judges in this Country, we all know the corrupt allegations against the some judges of Superior Courts though the Judiciary is independent. As such, even Lokpal may not produce the intended results and we may have to confront with different kind of problems with Lokpal. I am not against Lokpal, but, we should be practical. To address the issue of corruption effectively, we require change in politics in this country and change will come with overall development. When majority of the people in this country make use of technological revolution as they use Mobile Phones now, everyone gets the required information about the politicians, the parties and the issues and it will solve the problem. We need to have a situation where a committed professional gets elected without any political prominence and without having organized mega political campaigns etc. We need to have efficient people as our leaders and so that they can understand our system and they will improve the system. We have some leaders who do not understand the system, lacks the understanding about the system, but, still they get elected for assemblies and parliament for 5 time sand 6 times and they claim that they are the senior leaders having lot of experience in public service. People will not buy these laughable claims in future and there tend to be tremendous pressure on our leaders soon and it is good for the country.

We can not deal with corruption unless we plan well and think practically. All political parties and especially opposition should present a plan and work with the Government as to how to deal with corruption. It is not enough talking about Black-money and other major issues highlighted by the Media. We need to think about the role of State Governments, Police Reforms, Computerization of all records, effective use of E-Governance, Citizen Charters, Transparency in Local Administration and E-Governance there and many other issues. When we take steps towards bringing transparency in Public Administration or in Government Departments, it will automatically reduce the scope for corruption and the Citizen will not succumb to pressures. When there is a prima facie corrupt allegation on any employee, then, strict action should follow. We should also bring pressure on Government Employees and their Unions to introspect about their performance from time to time. We all fight for the protection of Labour Welfare and we have many laws and we should not compromise with the welfare of our employees. At the time, Public Servants should feel responsible and no political party in this country should be allowed to compromise public interest with political gains. When the Government initiates some step for public good, the same may get politicized. All political parties think about elections continually and it’s a dangerous trend. On important issues involving greater public interest, there should not be any politics. All political parties should have a good understanding when it comes focusing on important issues and tackling them.

It will not be easy task to deal with the corruption in this Country. We need to have efficient and committed leaders and so that those leaders will try to bring all the reforms in the system. I strongly believe that the political parties in this country too have realized the change in the minds of people now with overall development; however, there is talent scarcity in all political parties. Committed and efficient young should enter into politics and should discharge their responsibility towards this society.

The Central Government, the Judiciary, the State Governments, the Local Bodies, the Activists, the Trade Unions and everyone has a responsibility and a role in dealing with the corruption in this country. Change will come though it may get delayed.

Note: the views expressed are my personal and do not represent any organization.

Leaders lacking basic ability and commitment to work will be seen as jokers in future?

2011-01-19T05:30:00.000-08:00

In the past, people are not bothered much at the candidate contesting in elections and in fact, many were not able to know the credentials of a candidate contesting in elections. Once, people were fixed that leaders will come to see them only once in five years. Fortunately, despite all this, we had committed leaders in the past and they were not concentrating on materialistic gains. In fact, the descendants of great leaders struggle for bare existence today. There were so many examples for this. But, today, people are coming know about petty politics and about the leaders lacking basic ability. Both ability and commitment are important for a leader and only then, they can think about public interest. Today we have many leaders making thousands of crores and these leaders are bothered only at getting ministerial berths and in indulging opportunistic politics. We are seeing few leaders grouping together and playing with the people and black-mailing the collective wisdom of their own parties. While few parties succumb to the pressure tactics, few other will deal with these leaders accordingly. One-thing is for sure that unless we change politics in India and unless educated takes part in politics, the real development in this country can never be a reality. We need leaders who are concerned at their responsibility. I strongly feel that it would be very difficult for any political party to find able leaders today. A person without any cadre etc. will be given seats in elections in future as it is happening in the developing countries. The change is inevitable. With the growth in literacy rate, the communication channels and the role of media, people are getting all the needed information about their leaders and people very quickly judge the ability of their leader. A political party which gives priority to ability and commitment will definitely have an edge in elections in future. We don't understand as to where our politics are going. Our leaders do not know the importance of freedom of expression guaranteed under Constitution of India. Our leaders will spend many crores and will engage goodas and ensure that no one comes-out in their way or they will obstruct the democratic right of their opponent or other leaders. We have reached a situation where a prominent national leader too gets obstructed by petty people. Its not a good trend for Indian democracy. There is an urgent need to reform our politics and there is a need to keep the criminals away from politics. If known criminals or people with criminal background are given seats in elections and if they become leaders due to other reasons, how come we can maintain law and order in the society. Now, even a criminal gets elected and we need not blame people only for this. They will look at the party, ideologies, general perceptions and then, citizen cast his vote. It may be beautiful to talk about the corruption in politics, but, we need to recognize that there can be corrupt practices in politics and there is a need to reduce the rate of corruption in politics. Many political parties needs funding as such there can be some corruption. It can be there everywhere in the world including developed countries. What is dangerous in Indian politics now is as to how many individual leaders are making thousands of crores using power. Now a day, people will look at some leaders as if they are jokers. Its not an exaggeration and its a reality now. The respect given to the ministers like Shri Manmohan Singh, Shri Kapil Cibal, Shri Chidambaram, Shri Pranab Mukerjee etc. will be different from others and its because of their ability and intelligence. There is a need to infuse young, talented and committed leaders into the political system, otherwise; we will be having leaders who will enjoy privileges, but, does nothing. Change may not definitely come suddenly, but, there should be change and it is inevitable. I don't know as to how many young Indians are encouraged by Shri Rahul Gandhi to enter into politics though many likes him, but, I hope to see many young, talented and committed leaders in future and then only we can have a difference in administration in this country. Young minds act so quickly and they will find solutions to many problems confronting the society. It is also to be noted that few so-called young leaders are finding new ways as to how to further corrupt the corrupt system. These people should not succeed. Despite numerous problems and pressures as people believe, it is great to look at the functioning of UPA government and their effort to bring sweeping reforms in many areas. There is no need to talk about politics always except during the election time and the leaders should know as to how they can play a constructive role in nation building. Leaders should not see their positions as power, but, they should feel that their position is a big responsibility upon them. Hoping for all the reforms in politics and in society and hoping that the vested interest groups are not allowed to take this society for a ride.

Note: the views expressed are my personal and do not represent any organisation.

2011-01-02T01:56:00.000-08:00

2011-01-02T01:16:00.000-08:00

Challenges before the Country in the year 2011?

2011-01-01T21:44:00.000-08:00

We have been talking and facing certain problems continuously, but, we have collectively failed to achieve certain objectives though we could achieve 8 to 9% percent growth in the Country. As everybody knows, Growth will have no meaning, if only few gets the benefit of all the growth in the country. Few people are making hundreds and thousands of crores without any effort and through illegal means. Apart from corruption, this country needs to focus on many issues collectively, otherwise, it would be impossible for India to really claim that it is developed and would aim to become Super Power in the world. Few challenges before the Country in the year 2011, are as follows:

1. Tackling corruption would remain a major challenge in the year 2011 too. People understand the issues of political funding and the issue of political funding need not always lead to amassing wealth by very few individuals who are even trying to make Governments of their own choice or who tries to come to power using money. All the political parties should come together and take a oath that they will not allow individuals or individual leaders or politicians to make hundreds and thousands of crores. This is a serious issue and it is to be tackled. Corruption does exist in every political party in this country and it is the collective responsibility of every political party to tackle corruption. People don't want diversionary tactics or politics when it comes to corruption and corruption is like a cancer and it has the potential to kill this society.

2. All political parties, both regional and national, should be firm on one thing that every public servant and especially Government employees should discharge their responsibility as they are ensured of their rights and privileges through specific legislations. What happens in this country is that few political parties are very soft on Government Employees thinking about elections and thus playing vote Bank politics. This is a serious issue. If Government Employees or Public Servants do not discharge their responsibilities, then, all the public funding will go waste and public will never get benefited of Social Welfare Programmes. Every Government and especially State Government should concentrate on the functioning of various departments and should ensure that the Government Servants does discharge their responsibility. Every Government should make an effort to reach-out to the public servants or the Government Employees of their responsibilities. This would also remain a serious issue and it needs to be tackled.

3. Despite all our efforts, we can not ensure transparency in the functioning of Government Departments. Every Government should make all possible efforts to enlighten the public about the services offered by a particular department. E-Governance should effectively be used and the Government Departments should be people friendly. Without any escape we need to achieve this.

4. Another bigger challenge before the nation is about petty politics for narrow political considerations. If our precious natural resources are given to private people at pittance, does it not mean that our politicians can even sell this country in an open market? Its a serious issue. There should not be any compromise when it comes to national interest and integrity of the nation. It is shocking to find certain cases where few political leaders have given thousands and even lacks of acres of land to private people for a throw away price. Its a dangerous trend. We can not stop revolutions without dealing with these issues. Poor people had to fight alot to get land for their residential purposes for years, but, few people are getting thousands of acres with one G.O and no one knows as to what happened actually unless the same is highlighted by the media. This problem exist in many State Governments and no party is an exception to this. This is not a party centric issue, but, this is a larger issue.

5. Poor or middle class people are forced now to spend substantial amount of their income for Medical and Educational purposes despite fact that every State Government take steps to provide Health Care and Education to the poor people. This is really a serious issue. We need to deal with it. Why do we need teachers and why should pay salaries to teachers if they do not come to schools and if they do not take any effort to discharge their responsibility. Its shocking to note the attitude of the Government Servants. They come on to streets claiming hike in their salaries, but, they hardly talk about their responsibilities and about improvements. The provision for forming Trade Unions is being misused and all this set-up is used to pressurize and black-mail Governments. We can not allow this to happen in this country. As everyone concentrates on politics, the situation has already been reached a stage where correcting the system is a bigger issue. Unfortunate.

6. Another challenge before the nation is ensuring equality to all and making every common man to believe that they can grow legally in this society irrespective of their background. Situation is different in this country though there are few exceptions or exceptional areas. We can not allow discrimination to happen in this country and we should find ways as to how the issue can effectively be tackled.

7. There is an urgent need to concentrate on two important organs of the society viz., the media and the judiciary. Media has reached a stage where it can even dictate to the Governments and we know as to the so-called independence of the media claiming freedom of expression under Article 19 of Constitution of India. We have judiciary without reforms and we need to make our judiciary affordable, speedy and efficient. We can do it with planing and commitment. Media can harm this society and also can reform this society. There is a good media and bad media and there should be efforts to look at bad media and to deal with them at any cost.

8. We are looking at few politicians and political parties not bothered at the integrity of the nation and playing petty politics for political considerations. There would be revolution in the people if we do not deal with these people. This is also a major challenge.

There are many challenges before the Country in the year 2011. We need not talk about our achievements so far as they are not adequate to our potential. Indians can do alot and India can become Super Power in the world in the coming days.

Hoping that the year 2011 would be good for the society.

Note: the views expressed are my personal.

2010-12-23T21:50:00.000-08:00

2010-12-21T03:17:00.001-08:00

2010-12-13T01:12:00.000-08:00

2010-12-12T08:00:00.001-08:00

How to go ahead with the legal reforms in India and the connected issues?

2010-12-06T00:51:00.000-08:00

Whenever one talks about the judicial reforms, the corruption, the technicalities, costs and the unreasonable delay in courts, there are people and professionals saying that the situation is getting exaggerated. There is a total confusion about the judicial or legal reforms and the issue is often shown as complicated. It is true that bringing reforms in our ‘justice delivery mechanism’ is a complicated exercise and it is recognized in the year 1958 itself in the 14^th Law Commission Report. Public very often criticize the judiciary and even noted lawyers in this country criticize the ‘justice delivery mechanism’ in this country and they emphasize at the importance of bringing reforms in the system. The problem is that we are not looking at the whole system, need of bringing comprehensive reforms and the need of separating issues which can be addressed in short time and the issues which are really complicated. This is where the confusion and complication lies. It is very simple to show the numbers and say that we do not have adequate number of courts and judges suiting to the pendency of cases and growing litigation. It is very easy to say that the police take lot of time to investigate a criminal case and there is unreasonably delay in filing the ‘charge sheet’ in many cases. It is also easy to say that the government is the big litigant before courts and the government should initiate appropriate reforms in their legal departments and when it comes to appointment of professionals to defend them. What we are actually doing is confusing the entire thing and laying so much emphasis on complicated issues; and in the course the actual issues will never be addressed.

We are maintaining 8-9% GDP growth and India aims at becoming super in the world. If we can not address simple issues in this country, I don’t know as to how we can aspire to become super power in the world. I don’t know about the role of the people’s representatives in this country who is supposed to raise their voice in Assembly and Parliament on behalf of the people and who is supposed to focus on the problems in this society. Really unfortunate! The emphasis on “Alternative Dispute Resolution Mechanism” is not the solution for reducing the delay in courts though we need to encourage “ADR” like Arbitration. The problem is that we don’t know as to who is responsible for the whole mess. I can, for sure say that even if we concentrate on initiating reforms aiming reducing the delay in courts etc., on war footing, it will take so many years to correct this system. This is the result of lethargic attitude of the people, educated people, enlightened people and the people’s representatives. If an accused is confident of getting bail for price even in a severe case under section 302 of I.P.C, how can we reduce the crime rate in this society? If a citizen is afraid to approach a Civil Courts claiming their right due to the costs involved, the delay, the corruption and the technicalities; there are people with muscle power who offer their service. In my opinion, we have allowed the system to go wrong so deeply and it will not be an easy thing now to turn the clock back. If we allow this situation to continue and if we don’t focus on our “Justice Delivery Mechanism”, then, there is no meaning for democracy, the fundamental rights and might becomes right. Infact, might has already become a right now. We have excellent educational institutions now, our brilliance is recognized all over the world, we have a democratic system, we have constitution, we have fundamental rights and we have seen judicial activism, we have people’s representatives, but, despite all this, we can not address the issue of delay in courts.

When we think about the legal reforms to be initiated aimed at providing speedy and cost effective ‘justice delivery mechanism’, the important thing to do is to list-out the issues and give priority. There are certain issues which can be addressed very easily and speedy. There are certain issues which takes longer time. And, there are certain issues which are complicated and require constant concentration. Let us first look at the easiest things to do and those are, in my opinion, as follows:

The Government should look at reforming our procedural laws and if the Government can concentrate on “ADR” and constituting special tribunals, then, I don’t see as to why the Government can not think about reforming our procedural laws. This is very important step and can be done very easily now. There were agitations in the past when the Government has mooted reforms in C.P.C and just because we had to see some agitations in the past, it is not correct to neglect the important issue all together. If the professional community is worried at reforming our procedural laws, I don’t understand as to why they did not protest to encouraging “ADR” or constituting special tribunals. All protests to be ignored and dealtwith in this regard. According to me, this is vital issue which can be addressed easily and which will produce good results.

The Union Law Ministry can take an initiative and moot the dialogue with the High Courts and Supreme Court emphasizing at the effective supervision of lower courts. A committee of eminent and committed High Courts judges should take the responsibility of supervising the functioning of the lower judiciary in the state constantly. It should really be effective. The supervising authority should take all the assistance from the law students, the departments and experts and so that they can constantly work as to how to make the system so transparent and if need be, they will make recommendations for the state government and also the central government for providing additional facilities etc. This should be done with greater co-operation and co-ordination between the judiciary and the government. The judiciary can very often say that lack of sufficient courts and the judges is the cause for delay. Instead, they should look at as to how to make the available mechanism work. The committee can also take the representations from the litigants and also from the professionals about the functioning of the judges and they can look into their functioning and advice their brother judges even if the same is not public. There is a need to follow the tradition in courts and if there is a Supreme Court judgment on a particular point, then, the same is to be respected. Likewise, the supervising committee can constantly look into various important issues pertaining to the administration of justice in a particular state.

The issue of appointment of judges to the High Court requires special consideration and the Government is now mooting for “Judicial Standards and Accountability” and these steps are to be pursued under any circumstances. It is no more a perceived fight between judiciary and executive and it is about the people and it is about the respect of the judiciary. I don’t personally feel that the proposed “Judicial Standards and Accountability Law” will produce instant results and it is to be seen as to how the committee functions and the its effect. But, it’s a good beginning and the issue of appointments and accountability in judiciary to be constantly concentrated. This is really a serious issue. The Government should not be allowed to say that they can not look into the judiciary and the judiciary should not say that the executive can not look into their function. The system is for the people and not for the few judges and few politicians. We know that there is lot of corruption in government, but, that can not be an excuse to the corruption or alleged corruption in judiciary. If we need to reduce the corruption in Government, then, the Judiciary should really be clean. In fact, it is very difficult to concentrate on the impartial functioning of the High Court judges though it is a fact that we have excellent judges and we have judges with great commitment even today. The Hon’ble Apex Court has recently referred about “Uncle Judge Syndrome”. This is an issue which can not be addressed easily and it’s a serious issue.

The issue of corruption in lower judiciary requires a special emphasis. In my opinion, there should be a ‘special anti-corruption cell’ at the national under the control of Central Government and the cell should have branches in each state focusing only on corruption in lower courts, the tribunals and other judicial and quasi-judicial authorities. Though, transparency can bring down the rate of corruption in lower judiciary, due to various complications, a special anti-corruption cell to be formed to deal with the corruption in lower courts and other quasi-judicial authorities in the state.

According to me, irrespective of the Governments in power, the above issues can be looked into and can be initiated on urgent basis. We should not just do an eye-wash exercise and should not tell the people that the steps are being taken to reduce the pendency in courts and to reduce the delay. We require constructive measures which can produce some results. In fact, we may not even require large funds to bring some reforms in the system. What we require is the planning and commitment to address issue and it is the responsibility of all the representatives of the people to look at this and this initiative should go forward. What we require is the meticulous planning and coordinated efforts.

Now, if we look at other issues or complicated issues which will take considerable time, few of those are, according to me, are as follows:

The legal education requires to be concentrated. Excepting the National Law Schools and few other colleges with good management or good people at the top, many law colleges in this country are not doing well or many law colleges are not producing the qualified law graduates. We can not completely blame the law colleges and we need to look at all issues concerning legal education and effective steps then be taken in this regard. What happens is that the law graduates without having required knowledge and standards are forced to stay in profession and practice in various courts whereas the talented are taking the opportunities in big companies or law firms. When we allow the law graduates without the required standards and knowledge to practice in courts, then, will find the ways as to how they can satisfy their clients though they lack the required ability and knowledge to convince the courts through exposing the legal position and exposing the facts before the court on behalf of their client. If we observe the practice in lower courts especially, this issue will be clearly evident and we can not deny the facts. This is a serious issue really and even if we concentrate on the legal education with meticulous planning from now, it will definitely take some time to restore the standards in profession.

When we talk about the disposal of cases by Magistrate Courts, then, we often listen about the role of the police or investigating authorities. When we talk about the role of the Government or Government Departments or their counsel in a case before the High Court especially where the Government is a litigant, we point-out the negligent attitude of the officers concerned. This is a larger issue and it is directly connected to the political reforms and cleaning politics itself. When we see good, clean and committed politicians, then, we will be able to see good administration in the state. As such, though this issue requires to be concentrated, we may not be probably able to address this in a short span of time and it will take considerable time infact.

I have just pointed-out few issues only. I have seen some text of “National Litigation Policy” now, I am really shocked and surprised at the issues highlighted and recommended. The Government should do a committed exercise and should bring the reforms which can produce some tangible results and we don’t need eye-wash recommendations and steps. We have got “Right to Information Act” and it has produced and producing good results and all appreciate such a move. The Government is proposing to bring a law for the protection of “Whistle Blowers” and the same is appreciated. The Government now is bringing a law aimed at maintaining standards and ensuring accountability on the part of the High Court judges etc., despite the complications and the move is appreciated. In those lines, it would be great to see concrete and constructive reforms aimed at reducing delay and corruption in courts. The Government and the people occupying position at various levels should consider one-thing that it is about the people and not about the few people occupying positions. People will not buy the issues like “fight between judiciary and executive” and no one should think that they are ultimate authority and they can do anything and say anything. One should understand that it is not about the people who ask for reforms and if a person can raise his voice asking for reforms, he must definitely know as to how to survive and come-up in the society. It is about the people and I strongly feel that we can reform this system and providing speedy justice can definitely be achieved. If few Supreme Court and known advocates wants to meet our Prime Minister asking for concrete legal reforms, I hope that our Prime Minister will take the issue forward. But, the problem is that the privileged are not raising issues as required and they are very busy with their business. Even the media can take up this issue forward and conduct discussions with able people and something productive can emerge out of those discussions. Media could focus on “Ruchika’s” case and many other cases, but, did not bother to concentrate as to where the problem lies. It seems they are also focused on ratings and providing breaking and sensational news with a view point or with their own internal policy, but, not concerned at the issues concerning the people.

I am beyond doubt that, we the people, has collectively failed to bring the proper “justice delivery mechanism” and we have allowed the system to go terribly wrong. Now, it will not be easy to turn the clock back. I hope that the steps will be taken to correct our system and it is for the people to pressurize the government and people occupying various positions in this regard.

Note: the views expressed are my personal and with all respect to the great judges and institution. I have no intention whatsoever to insult anyone.

2010-12-02T07:01:00.000-08:00

2010-12-02T00:30:00.000-08:00

2010-11-27T09:16:00.000-08:00

2010-11-25T00:50:00.000-08:00

2010-11-20T09:16:00.000-08:00

2010-11-18T22:55:00.000-08:00

Solutions for reducing the delay in Courts are available from 1958?

2010-11-16T02:53:00.000-08:00

Whenever we talk about the delay in Courts and the solution, many will be in dilemma as to how to deal with this issue comprehensively. The issues highlighted by many, including public, professionals and the eminent judges, in my opinion, on legal reforms are as follows:

1. We do not have adequate number of Courts and judges.
2. There is no adequate funding for creating sufficient facilities in the legal system.
3. The procedure in Courts is too technical.
4. Appointments are not based on merit and there is favoritism and political influence too in the course.
5. No accountability on the part of the judges.
6. Standards in profession are degrading and we need to concentrate on legal education.
7. There is no co-operation between Centre and the States to address the issue.
8. Corruption at each and every level and there is no transparency.
9. The Court systems still not computerized to the extent needed and lesser application of e-governance etc. in the legal system.

I am really shocked to listen to few of my friends and professionals as if there is no solution for the problem of unreasonable delay in Courts in India. I know and I am sure that there is no problem without solution today and the problem of reducing delay in Courts is a simple thing and can be addressed with proper action from the people at the top or by the Government. Enormous funding, constitution of Fast Track Courts, minor amendments like amending one provision of C.P.C asking the defendant to file a Written Statement within one month etc., will not solve the problem. The people of this Country want an action plan which will give results and this is a serious issue threatening our democratic set-up itself. This is the high time to concentrate on this, as otherwise; the orderliness in the society will definitely get affected. I have really heard few shocking instances and I would like to explain one instance and it is as follows:

“An owner of the land has filed few cases against their tenants and got the order of eviction. Then, the tenants have filed an Appeal and it is pending for years and tenants even started construction too at the site. Finally, the landlord has approached few people with muscle power and they have promised the landowner that they will evict the tenants if the owner guarantees the payment of certain sum. The owner has guaranteed as he has no option, and the tenants were now vacated the place and still, the Court cases are pending and it is likely to take another 10 years for disposal of those cases.”

This is only one instance and many are happening today in the society. No one is interested to approach the Courts despite having a clear legal right and justice and they are approaching police and gundas for getting their rights settled and it has become a reality today that “might is right”. Is it not important to address this issue and what is the point in going on talking about policies, plans, so-called amendments etc. without thinking about an action plan which will produce the desired results? I am really not exaggerating the situation at all and I am telling the truth and it can very easily be ascertained from public at large. No talented law graduate is interested in entering into profession today as there is a drastic decline in litigation though one may say that there is rise. The lawyers are also directly affected with the delays and I know that the professional community agitating in the past over the amendments to C.P.C. I don’t think that today, the legal professionals, can resort to the same agitations and even if they agitate illogically over certain drastic reforms, it is the responsibility of the Government to go ahead with doing the needful and bringing the right reforms.

The Law Commission has recommended or made suggestions to the Government from time to time and I would just like to extract what the 14th Law Commission headed by Shri M.C.Setalvad has opined or recommended to the Government in the year 1958 and very few issued based extracts from the Committee are follows:

Selection of judges to the High Court and its impact:

"9. The selection of a person on considerations other than of merit has far-reaching repercussions. Such a judge would naturally not receive from the members of the Bar, who would be no strangers to his capacity, the full measure of co-operation which is needed for the proper administration of justice; nor would a judge so appointed generally have that amount of confidence in himself which alone can contribute to the efficient discharge of his duties. These circumstances are bound to affect adversely the quantity and the quality of the work turned out by such a judge. It is axiomatic that the lowering of judicial standards must adversely affect the efficient administration of justice. It has been stated in some quarters that the larger the number of judges, the lower is the proportionate output of work. We are of the view that such a generalization is not based on any acceptable data; but what seems to have led to lower output of work by judges is appointment of persons who are not satisfactory. Whether a judge of a High Court is selected from the Bar or from the services, he should be the fittest person available to hold that office. If this cardinal principle is overlooked in making the appointment, and persons of indifferent capacity are appointed, the work turned out by such persons will naturally not come-up to the proper standards. If, therefore, there has been in some cases a proportionately lower out put of work when a larger number of judges are appointed, the fall in the work is clearly attributable to the circumstance that the persons added were not fitted for the office. The inevitable effect of appointments of this character to the High Court Bench on the disposal of work and the mounting arrears is obvious."

Appointment of Chief Justice:

"26. A largely body of evidence before us has suggested, that it should be made an invariable practice to fill a vacancy in the office of Chief Justice by appointing a judge from outside the State. Such course, it is said, will have the advantage of giving the Chief Justice of India a wide choice in recommending a person suitable for that office. It has also been pressed upon us that bringing a Chief Justice from outside the State will have a very healthy influence, in that, it will promote a sense of unity in the country and prevent the Chief Justice being swayed by local connections and local influences. It may be mentioned that Chief Justices from outside the State have been appointed in some of the States and these appointments have proved a success. Though the analogy may not be very pertinent, we may refer to the practice of appointing Governors who do not belong to the State, which has been vogue since the advent of the Constitution."

Difficulties in finding the efficient to judgeships:

“38. We have been informed that difficulties arise in recruiting High Court Judges from the Bar because judgeships are offered to promising members of the Bar at a very late stage of their career. We have no doubt that if a rising lawyer whose practice is growing and who is likely in a few years to attain the status of a senior or a leader at the Bar, is offered a judgeship at an early stage of his career, he would accept it. We have at the moment instances of selections of person sat an early age to the Benches of the Calcutta and Bombay High Courts who have turned out to be able and even distinguished judges. We were not surprised at instances brought to our notice of leading members of the Bar in different states who had been offered judgeships at a late stage and at ages which would not give them a sufficient number of years on the Benches to earn their full pension and who had declined them. It was generally agreed that if these members of the Bar had offered judgeships at an earlier age they would have accepted then.”

“Every Chief Justice today finds it extremely difficult to induce leading members of the Bar to accept a judgeship. The salary of a judge has been cut down. The pension he would get on retirement in terms of the value of money today would afford him a bare maintenance. Therefore, the only reason why a member of the Bar would accept a judgeship today would be because of a judgeship would give him a certain status and dignity and would give greater leisure than he would have had if he had continued at the Bar. If the privileges enjoyed by the judges are to be further whittled down, the High Courts of the future will have to be manned either wholly or by judges from service or recruited from members of the Bar occupying the second line. In England, all parties agreed in maintaining the rights and privileges of judges because they realize that the High Court can only function properly, provided the judges are recruited from the best talent available at the Bar.”

Administrative duties of the High Court and its importance in dealing with lower judiciary:

“80. It should not be forgotten that one of the most important duties which a High Court performs is the administrative duty of supervising the work of the subordinate courts. The subordinate judiciary in the State can function with efficiency only if the High Court seriously scrutinizes the work of subordinate judicial officers, attends to the needs of subordinate courts like the provision of court-houses, the transfer of judges, the supply of law books, and the like. Our inquiries have revealed that the importance of these duties is not recognized and that they are neglected in some of the High Courts. Indeed, views have been expressed in some quarters that the High Courts’ function ends with the disposal of the cases pending before them and that the supervision of the lower judiciary and the imparting of a tone to the judicial administration in the whole state by a watchful supervision of the subordinate courts is no part of legitimate function of the High Court. Such a view is entirely erroneous. It should not be difficult for the High Court to perform its administrative duties if the work of supervision over subordinate courts is distributed among several judges, there being an overall supervision on general questions by the Court as a whole. It appears to us that the laxity of supervision by the High Court has in a large measure contributed to a considerable decline in the efficiency of the subordinate judiciary, in some of the states.”

What should we do to address the issue of non-cooperation from the States and the Central Governments responsibility?

“21. Our purpose in reproducing at very great length the observations made by the High Court of Allahabad and the Chief Justice of West Bengal is to appoint attention to this grave state of affairs in regard to the administration of justice which prevails in some of the States. In at least two of the States, the conditions reflect little credit on the State Governments and, particularly, on those in the Government in charge of judicial administration. Under the Constitution administration of justice and the constitution and organization of courts other than the High Courts are the responsibility of the State administration. The facts revealed indicate, on the one had a gross neglect by the state administration of their duty in establishing the necessary number of courts and on the other, a complete failure on the part of the state to carry out its obligations to provide trained and proper judicial personnel for presiding over the courts. The States in question can not even urge financial stringency as an excuse for; the figures reveal that these States have been making substantial gains out of the revenue earned by them by way of Court fees. It is a matter for serious consideration whether in order to prevent what appears to be virtually a breakdown in the system of judicial administration the Central Government should not, by an amendment of the Constitution, be given greater of control over some aspects of judicial administration in the States. This suggestion is made on the basis that such control exercised by the Centre would tend to prevent such deplorable conditions arising.”

Appointment of Supreme Court Judges and the problems:

“24. The meager pension to which Supreme Court Judges are entitled under the present pension rules has two consequences. It deters eminent members of the Bar from accepting judgeships. The main inducement to a member of the Bar to sacrifice his large income and accept a judgeship is, apart from the high status and dignity of the office. The consideration that he would have more leisure and greater scrutiny in the matter of income even in the matter of income even in his declining years. A judge of the Supreme Court is not entitled after retirement to plead or act in any Court or before any authority within the territory of India. He has to depend during the declining years of his life on his savings and the pension to which he is entitled as a retired judge. The meager pension has thus also the undesirable consequence of driving some of the judges who have retired to find some remunerative occupation which affects the dignity of the high judicial office they held.

25. In our view a person whom the state has deemed to fit appoint a judge of the Supreme Court and who has served in that capacity till, the age of 65 should from any point of view be assured of a pension on a scale which will at least maintain him in a reasonable degree of comfort. We have earlier suggested that a person should be appointed at an early age to the Supreme Court so that he can have tenure of office of at least ten years. Unless he has been recruited directly from the Bar he would ordinarily have, when appointed, a service of at least five years as a judge of High Court. Considering all the circumstances we are of the view that the maximum pension of a puisne judge of the supreme court should be fixed at least at Rs.2,500 and of Chief Justice at Rs.3,000 for a service of 15 years including service, if any, as a judge of High Court. The rules will, of course, have to provide for proportionately lesser pension for shorter lengths of service. Such cases should, however, be rare if the recommendations we have made are accepted.”

I have just extracted few paragraphs from the 14th Law Commission report. There are other reports too from time to time and I have seen few other reports highlighting at the root causes, but, in my opinion, we have failed in making comprehensive plan ready and the Government should prepare a comprehensive plan and it should be immediately acted upon. Comprehensive legal reforms are possible and we can definitely reduce the delay in Courts and can provide speedy and effective justice to the public. Though the issue of reforming our “Civil Procedure Code”, “Criminal Procedure Code” and “Law of Evidence” were highlighted in the 14th Law Commission Report itself, the issues were discussed later by other Commissions in the Course. If one looks at the people involved in preparing 14th Law Commission and their commitment to the cause and the wide range of consultations, we will really get shocked and will think whether we can find such committed people today to give suggestions to the Government. Wonderful work has been done and all respect to the legal luminaries of that day. They should be ideal for the today’s younger generation lawyers and I hope that the time may come in the future where we would see people like Shri M.C.Setalvad, Shri Nani Palkiwala, Shri H.M.Seervai among many, in future too. It’s a hope.

As such, it is not that the problem of delay in courts can not be addressed. It can be addressed, but, everyone in this society has become so busy with their problems and there is no time to concentrate on the system. We are used to the so-called measures directing towards some problem knowing that it can not solve the problem. I don’t know as how far this system functions like this and how far this privileged and blessed professionals opt silence over this malady. No disrespect to anyone, but, public interest is more important than anything. As an individual, I may not know the solution to the problem, but, there is solution for everything including the issue of shocking delay in courts. If we can not provide speedy, cheap and effective justice to the people, why should we pay salaries to the court staff, judges and it is are better to abolish the system itself?. There is a limit for the patience too and I am impressed with the patience being exercised by our public and the professionals over this very important issue.

No one can say that Advocates, Judges etc. has no responsibility, but, the ultimate responsibility rests with the Government as it should work for the people. If the judges not functioning, the Government should make them function.

While I strongly believe that we can certainly provide cost-effective and speedy justice to the people of this country and there is solution, I do not know the complete solution and the expert and experienced should look into the matter and the Government should take the expert service on this through committees and it is not enough to show the Law Commission and by making a reference. Effective steps to be taken at any cost. I can just make some points for consideration, in my opinion with limited experience and knowledge, as follows:

1. The procedural aspects before Court requires a re-look and we need a simple procedure based on logic, reason, fairness and principles of natural justice. It is possible. Why Company Law Board is not following C.P.C and why Debt Recovery Tribunals are not following C.P.C? We can follow the same logic and we can have simple and effective procedure in the place of C.P.C. If we look at the judgments of the High Court and the Supreme Courts on C.P.C provisions those are technical and with these technicalities there will not be any end to the litigation and I can further substantial this. On the issue of Cr.P.C, I do not have much exposure and experience, but, the issue requires a serious look. Reforming Criminal Justice Administration is a bigger issue and bringing an effective reform in Criminal Justice Administration will remain as a difficult thing.

2. Law of Evidence also requires re-look taking ground realities into consideration and it should be studied.

3. Appointment of Judges is a serious issue today and I know that it is now being looked-into. Merit should never be compromised. The Government and judiciary should sit-together and evolve a good mechanism to bring young and talented professionals into the Judiciary. This is very important and many problems can be solved with this. If judges of High Court are not up to the standard, then, we can not even imagine supervising lower judiciary and expecting them to function well. As such, it is important to concentrate on selecting young and intelligent as judges and I know that it would be a difficult task today as many intelligent law graduates are not preferring litigation and not coming to Courts. We need to address this issue on urgent basis.

4. It is important to make the judges at all levels accountable and it is important to concentrate on the corruption in lower judiciary and it has reached alarming levels as opined by many including former Chief Justice of Delhi Justice A.P.Shah.

5. The issue of payment of court-fee is to be concentrated and we need to know as to the cost of maintenance of a legal system in a particular state and the revenue from the system. After deliberations, we should concentrate on payment mechanism and also reducing the court fees.

6. If there is a problem with the State Governments on administering certain aspects of lower judiciary, it is better to bring a Constitutional Amendment giving powers to the Centre to address all issues pertaining to judiciary in India. This is important and people will support this move. The only alternative to this problem is the better co-operation between Centre and States and an efficient and committed Higher Judiciary in a State which can supervise the lower judiciary.

7. Legal education requires a re-look. Standards in legal education are shocking today excepting the education in few prestigious law colleges and few other law schools. I would like to give one simple example. If we look at the question paper of B.L or LL.B in certain universities, you will find only essay type questions and you will not find any multiple choice questions and this serious problem though appears to be simple. We need to look at the question papers of ICWA and ICSI and we can follow the same pattern. We don’t know as to who is supervising the law education today. We don’t know as to what the Bar Council of India is doing or the Universities are doing. We don’t want problems and we want solution. However, it is great to note the move of All India Bar Council Examination and we require many more serious efforts in this direction.

8. Whole system is to be computerized and the web-site should be updated well and should provide all necessary information to the public and professionals.

I have just endeavored to say that the problem in the legal system has gone deep-rooted and turning the clock-back requires meticulous planning and committed people at the right places. But, it is imperative to provide the cheap, effective and speedy reddressel mechanism to the people of India and without this reform; we can not talk about the orderly society, growth etc. issues. India can not become super power without addressing certain core issues and reforming our legal system is also one among them. We do not want an eye-wash exercise and people of India wants a solution to the problem. It is shame on the part of the people of India if we say that we can not address this problem.

Hoping that good things happen in future, hoping that the people will be interested to resolve their disputes only through mediation or courts, hoping that the legal profession will attract the best talent and hoping that we will again see committed and most respected lawyers like Shri M.C.Setalvad, Shri Nani Pakhivala, Shri H.M.Seervai etc.

Note: I have been continuously writing on the issue of legal reforms despite my personal and professional obligations and it is only with public interest and concern at our society. Each one has their own problems and goals, but, simultaneously, each citizen should also concentrate at our system.

2010-11-16T01:30:00.000-08:00

Why congress alone can bring radical reforms including dealing with corruption?

2010-11-15T09:58:00.000-08:00

There is lot of confusion among public and intelligent as to how to deal with various evils in the society like corruption etc. The only way to address all the evils in this country is to reform our politics and to make the able and committed people to take the lead. This is the only way to deal with all issues. Our system is good and we can not go on criticizing all institutions as it amounts to supporting the slogan of naxalites or extremist groups in this country. Right people should be there at the right places and any system or systematic change will not work unless we put the right people at the right place. Unfortunately, barring few exceptional leaders, we know as to what political parties or leaders are doing in this country. It is there in all political parties including congress and no one can deny that. Corruption is there everywhere and the leaders are not working in all political parties though few may be doing well feeling their responsibility. We know as how Government Schools in this country are functioning, situation in Government Hospitals, how Government Employees are working, how e-governance is not fully implemented despite India being the leaders in IT exports, we know how legal system is functioning and plethora of other problems are there. No political party in this country can deny these facts. The only way to deal with all these issues is to make the young, able and committed people to take the lead in politics and that is the only solution to the problem. We can not reform this country by making new laws though we should continually concentrate on making regulations taking ground realities into consideration. Some political party or the committed leaders at the top should concentrate on the larger issue and work for it and change will slowly come. This is where I believe that Congress now can bring all the needed reforms and we should admit that change will not come in a day and it will take time. With my limited knowledge, I would like to say as to why congress can change the nation and it is because:

1. Shri Rahul Gandhi is the only prominent politician and leader in this country as I believe strongly advocating for change in politics and he has made it clear to many young Indians that they should enter into politics and clean the mess. He is hitting at the right place and he knows where the problem lies. His main agenda as it seems is to reform the politics and make the young, able and committed people to enter into politics. This is a very significant issue and that is why the youth are with Shri Rahul Gandhi today and I believe that many young people will take the call from Shri Rahul Gandhi in the right direction and serve the nation.

2. The top of leadership of the Congress Party believes in ability and gives authority and responsibility to the right people to the extent possible. We have plenty of examples for this and we know as to how National Advisory Council is functioning in this country and the logic behind such a Council. We know the respected personalities in the National Advisory Council where respected Dr.Jayaprakash Narayan of lokasatta has also served as a member in the past as I believe.

3. The most powerful legislation towards reducing the corruption is ‘Right to Information Act’. It is undoubted. The media is also getting lot of information using ‘Right Information Act’ and then unearthing various illegalities in the administration. Many admit that it is a powerful legislation and we believe that congress strongly backs this legislation and it was also not allowed to dilute the law.

4. As follow-up to the ‘Right to Information Act’, I am hearing about a law protecting ‘Whisle Blowers’ and its unprecedented.

5. One of the root causes for the corruption is illiteracy and it is the Congress led-UPA Government which has made the ‘Right to Education’ as a fundamental right and this move sends a signal that congress focuses on the issue of ‘Education’ and especially education to the downtrodden and underprivileged.

6. I have also heard that the Cabinet has approved “Judicial Standards and Accountability Bill” and this is also unprecedented and a must. It is not a fight between judiciary and legislature and its about the people and we need solutions to the problems. No authority holding public office or enjoying authority for the public can say that they are not accountable and judiciary is not an exception in this regard.

7. I have just mentioned very few instances as to why congress is the only party which can reform this country and there are plenty of other examples too.

There can be irregularities in any government and congress Government at various states can not be an exception. Corruption in this country has gone deep rooted and we have opposition parties now which run campaigns for a political mileage and without offering any constructive suggestions to the Government. Opposition, Media, citizens and even the leaders in the ruling party have the right to point-out the irregularities and no-one can deny that right. But, what is the solution. There is no point in discussing problems and we need to concentrate on solution and a permanent solution. Congress Government can only provide permanent solution and youth of this country and people of this country should understand this and I believe that they will also understand the realities, complications and complexities in the course. But, one-thing is for sure. The congress is most importantly committed for secular values and the welfare of downtrodden and underprivileged. We have a Prime Minister who replies to the president of United States that millions of Indians still live in poverty and India should maintain 9 to 10% growth for the next three decades. I know that lot of work is yet to be done and we need to concentrate on many more forms yet, but, still, only Congress can reform this country and make this country a Super Power.
Note: the views expressed are my personal and does not represent any organization.