Ethos :-
The
GLORY of JUSTICE and the majesty of law are created not just
by the Constitution - nor by the courts - nor by the officers of the law - nor
by the lawyers - but by the men and women who constitute our society - who are
the protectors of the law as they are themselves protected by the law.
(Robert Kennedy)
Background
:-
In a civilized world (if it has to be so called without an iota of mistrust)
only a democratic set-up can lead to a fulfilled nationhood. A nation which
thrives and dreams of trust and good fortitude, a nation which has an
unflinging urge to deliver, what it’s people deserve and then only can it rise
in the league of nations.
The above is easier said than done (being a collaborative effort) with both
the Govt. & it’s people working in tandem at times though slow but having a
clear vision). The task of the Government is that of a preacher guarding the
Idol (our constitution) and the citizens are it’s worshippers (bowing down to
the idol in faith & belief). Both the parties have roles to play and play
it well !
Indians today are governed by two different ideologies. Their political
ideal set in the preamble of the Constitution affirms a life of liberty,
equality and fraternity. Their social ideal embodied in their religion denies
them. To understand the essence of a Democratic nation hood (where-in no one is
a master or a slave), it is most imperative to absorb the underlying pillars of
a democratic set up.
Tenets of
our Democracy :-
The harbinger of earlier nation-hood development, were bestowed on three estates: the first estate was the clergy, the second estate the nobility, and the third estate the commoners. The fourth estate is the press(coined in 1837), reflecting their increasing prominence and power.
Indian democracy is said to rest on the venerable four
pillars (enjoying equal powers) :
(a) The legislature -
Legislative pillar basically is
responsible for making laws that will govern a state . These laws are either
formed directly by people (Direct democracy) or through representatives elected
by people(Indirect democracy). We follow an indirect democracy.
(b) The executive –
Responsible for implementing the
laws formed by Legislative section, and issue orders for their proper
implementation. Executive section is selected on the basis of election system or
merit system or a mixture of above.
(c) The judiciary –
keeps a check on laws (given by
legislative) and orders (issued by executive) and ensures that these laws and
orders do not curtail the fundamental rights of citizens of a country.
(d) The press –
Ensures the transparency in the
working of all the above three systems. This is done by providing first hand
info to the citizens on the functioning of the other 3 pillars.
The
Dilemma :-
Since our nation achieved independence, all is not well with the set-up. Off
late the cracks are too many.
The obvious question arises as to where lies the gap !!
All the
four pillars have cracked to a great degree and Indian democracy is not
healthy.
In
brief, we have:
§ A
legislature epitomized by a non-functioning Parliament.
§ An
executive whose power is centralized or fragmented without achievable mandates.
§ A
judiciary that is outdated, backlogged, and skewed to political executive
brass.
§ A
press that has freedom of speech but no Liabilities.
This
needs elaboration.
legislature
Since
independence the country has seen more of a fragmented legislature (both upper
& lower houses), often with an opposition which refuses to evolve beyond
its myopic, historical and outdated thinking.
The above has lead to slow depletion of it’s
legislative powers which frames regulations,
which strengthens our democratic fabric (upholding the Fundamental rights of
it’s citizens).
A weak
legislature resulted in increasing hostile grouping among fragmented masses,
giving birth to radical groups. This has also been the cause of less invigorating
law enforcement leading to loss of faith in the minds of citizens.
Finally,
we have a plethora of regional and/or caste-based parties with populist agendas
and democratic power to disrupt the legislative process of our Parliament, none
of whom act beyond regional or caste-based ideologies in national interest,
acting instead to attract attention with histrionics. Much has to do here with
the easy access to politics for cheap / uneducated and opportunist masses which
leads to multiple constitutional mandates, hung parliaments there by
jeopardizing the very essence of a
credible legislative opposition.
There
are no serious debates about any legislative act; the only opposition to any
legislation is driven by populist political agendas that sacrifice national
interest at every opportunity. The legislature is now so severely handicapped
that the government has to resort to “ordinances”,
i.e. the executive, to enact, i.e. act.
executive
It is no
secret that the crop of ministers in our nation are only puppets pulled by
strings held either by the PM or dynastic “high command”.
A well
functioning executive would have a Cabinet of Ministers where discussions and
debates happen, but nobody in India has any illusions about what transpires in
today’s cabinet: diktats from the powerful ends all discussions and debates.
This helps as a confidence building measure for the executive body, which in
turn feels as a party to the entire democratic form of governance.
A
cohesive, dictatorial Executive is good for the country in terms of efficiency
and reforms, but not when it compromises sustainability in the long term. Given the history of
India’s diversity, reasoned democratic dissent and debate should be allowed
within the executive body.
judiciary
We have
a judiciary burdened with a huge backlog and
a history of
corruption. Not much has been done to change the way our judiciary functions
since the British left India. Same old Penal codes/ Acts and severity of
judgement continues without paying any heed to the tryst of our times (A
judiciary which upholds Section 377 of
the Indian Penal Code framed in 1860,that considers homosexual intercourse as a
criminal offence).
A
judiciary that has become embroiled in governance issues because of corruption
in government, does not have the teeth to provide the legal bite, which may
keep fraudsters at bay.
A
judiciary whose Supreme Court ex-justice thinks a Bollywood starlet should be the
President of India. A former Supreme Court judge (ex-High Court of Delhi, Chennai, and Allahabad) who ranks Chief
Ministerial candidates based on their feminine beauty, can have least to say.
Whatever
is left out of the once esteemed body , has been shaken up by burly covenants
of the police and politicians. Such is the system currently that a commoner
would run away from the Law, rather than hugging it dearly.
press
We have
a press whose freedom of speech do exists but without any liability to the
nation. A media that is owned and controlled by
corporate conglomerates, and TV channels that are besotted with covering every
political melodrama on a minute-by-minute basis irrespective of its irrelevance
in national or long term significance.
The more
melodramatic minutiae the media happily laps up as “Breaking News” in the
endless quest for higher TRPs, the more political parties are happy to supply
the goods, further incapacitating the legislature. Here truth has lost it’s
lustre.
Above introspection may hint us to hold our thought processes in retrospect
and make us feel whether the cradle of constitutional frame work was too far-
fetched for our nation.
well a flashback would help.
What went
Wrong :-
The
constitution has never been a frozen document, and it has always had multiple
authors. Notwithstanding the sterling role played by the drafting committee and
Babasaheb Ambedkar, the constitution as
it exists today is a product of interactions between three elements: the text,
the courts and above all, ‘the people’.
Even at the
time it was framed, the text was not a closed document. There were at least
four elements that informed the making of the constitution – existing
administrative provisions such as those embodied in the Government of India Act
of 1935, internationally accepted constitutional principles, the ideals of the
freedom struggle, including universal adult suffrage, and the events that were
taking place in a country slowly emerging out of World War II, famine and above
all, Partition.
However at
one level, the constitution appear almost pre-ordained. As logic would have
there have been arguments between deeply-opposed individuals. Not every shade
of opinion was equally represented, especially the Communists, and the
franchise on the basis of which members were elected was less than 30% of the
adult population.
Chauvinism
was rife as well, which led to fringe representation of smaller groups. In all,
the constituent assembly was just as much as a space of conflict and
collegiality, as many current assemblies, and its hallowed status in the
country’s history should not blind us to the fact that real individuals and not
mythic heroes populated it.
The final
shape the constitution took was often weaker than it could have been, and this
is very visible in the 5th Schedule, where the original proposal gave far
more power to the Tribes Advisory Council than it currently has (where the
council can only consider matters referred to it by the governor).
The
constitution makers had much to answer for, including the neglect of villages.
But what is equally amazing is how much they got right, especially in terms of
fundamental rights, universal suffrage and a host of other features.
And where
they missed out, the citizenry
has intervened to expand the constitution in meaningful directions.
Challenges to Indian
Democracy:-
India is a very large
country full of diversities – linguistically, culturally, religiously. At the
time of independence it was economically underdeveloped. There were enormous
regional disparities, widespread poverty, illiteracy, unemployment, and
shortage of almost all public welfare means. Citizens had enormous expectations
from independence. As mentioned above, India has changed a lot. Yet, there are
various challenges that the country faces in terms of fulfillment of
expectations of various sections of society. The challenges come both from
prevailing domestic and international conditions as well as lack of adequate
prerequisites for a smooth functioning of democracy. These are discussed below.
Illiteracy
Illiteracy among people
was a matter of grave concern for the successful functioning of democracy in
India on the eve of independence and it still continues to be a major
challenge. The level of education of citizens is a key to both the successful
functioning of democracy and socio-economic development of the country. The
literacy rate in 1951 was mere 18.33 per cent and female literacy was
negligible with 8.9 percent.
The effects of
illiteracy is devastating and far-fetched :
(a) The citizens would not be able to play their
roles effectively and exercise their right to vote meaningfully which is an
individual’s expression of the power of the people.
(b) Literacy
enables citizens to be aware of various issues, problems, demands, and
interests in the country.
(c) It
also makes citizens conscious of the principles of liberty and equality of all
and ensures that the representatives elected by them truly represent all the
interests in the society. Universal
Literacy is therefore a
must for the successful functioning of Indian democracy.
Poverty
poverty is considered as
the greatest bane of democracy. It is, in fact, the root cause of all kinds of
deprivations and inequalities. It is the state of denial of opportunities to
people to lead a healthy and fulfilling life. The governmental definition of
poverty line during the 1960s sought to measure the extent of poverty on the
amount of income required to purchase a barest minimum desirable food having nutritional
standards of caloric intake by a person.
Poverty in the
contemporary phase is linked with systemic deprivation of rights. Because of
all this, poverty continues to remain a great challenge to Indian democracy.
Gender Discrimination
Discrimination against
girls and women exists in every walk of life. Gender equality is one of the
basic principles of democracy.
Fundamental Rights and
Fundamental Duties as well as the Directive Principles of State Policy make
these intensions very clear. But the discrimination against females continues
to be a fact of life.
Census which reported
child sex ratio of 927 female children per 1000 male children.
It has been declining because of several
factors, like the prevailing preference for male child, discriminatory treatment
against the girl child right after birth, and the increasing incidence of female
infanticides and female foeticides.
Casteism,
Communalism, Religious Fundamentalism
The Indian democracy
faces serious challenges also from casteism, communalism and religious fundamentalism.
They weaken the functioning and stability of democratic system.
Casteism:
The caste system which
presumably originated in the division of labour in the ancient society has become
a more or less rigid group classification, based on birth.
The democratic
facilities - like fundamental rights relating to equality, freedom of speech,
expression and association, participation in the electoral process, free media
and press, and even legislative forums - are misused for maintaining casteist
identity.
Casteism has also been
contributing towards continuation of socio-economic inequalities. There are
enormous inequalities in our society which are posing serious challenge to
Indian democracy.
What is more alarming is
the mixing of caste and politics resulting into ‘politicization of caste’.
Despite the era of
liberalization and globalization caste consciousness has not been eroded in our
society and castes are being increasingly used as vote bank politics.
Communalism:
Communalism and
religious fundamentalism have acquired a very dangerous form and alarming proportion
in India. They disrupt the pattern of co-existence in our multi-religious
society. Quite often, communalism is wrongly used as a synonym for religion or conservatism.
Although conservatism represents social
backwardness, it does not mean communalism either. As a matter of fact,
communalism is an ideology of political allegiance to a religious community.
Religious Fundamentalism:
Religious fundamentalism
also reinforces communalists in exploiting both religion and politics. In fact,
fundamentalism acts as an ideology which advocates a return to orthodoxy and a
strict compliance to the fundamental tenets of religion. Religious
fundamentalists vehemently oppose progressive reforms in order to establish
their exclusive control on their respective communities.
Regionalism:
We all know that India
is a plural country with diversities of religions, languages, communities, tribes
and cultures. A number of cultural and linguistic groups are concentrated in
certain territorial segments. Existence and continuation of regional
inequalities both among States and within a State create a feeling of neglect,
deprivation and discrimination. This situation has led to regionalism
manifested in demands for creation of new States, autonomy or more powers to
States or even secession from the country.
The problem begins when
these interests are politicized and regional movements are promoted for
ulterior political motives. Such unhealthy regional or sub-regional patriotism
is cancerous and disruptive. The continuing regional imbalances have given rise
to militant movements in certain parts of our country.
Separatist demands in
Jammu and Kashmir or by ULFA (United Liberation Front of Assam) in Assam or by
different groups in the North-Eastern region are matters of grave concern for
Indian polity.
Corruption:
Corruption in public
life has been a major concern in India. Corruption is rampant in all walks of
life, be it land and property, health, education, commerce and industry, agriculture,
transport, police, armed forces, even religious institutions or so called places
of spiritual pursuits.
Corruption continues to
exist in covert and overt ways at all three levels - political, bureaucratic
and corporate sector. One can see the nexus between the politicians, the
bureaucrats and the industrialists which has resulted into corruption and
corrupt practices.
Corruption in electoral
processes and bribing of voters who participate in elections at different
levels has now become a common practice.
Corruption is a sign of
political instability and institutional decay, challenging seriously the
validity and propriety of governance.
Criminalization of Politics:
There have been
allegations that there are some elements in politics who do not have faith in
democratic values and practices. They indulge in violence and take refuge in
other unhealthy, undemocratic methods to win elections.
Undoubtedly, this is not
a healthy trend in politics and there is an urgent need to apply serious check
on such tendencies. Criminalization of politics is the very negation of
democratic values and has no place in a democratic set up. Democracy can be
strengthened by adopting and promoting democratic values and shunning criminal
activities.
Recently, the judiciary,
while taking a serious note of criminal tendencies in politics, has showed
signs of adopting remedial measures to apply a serious check on such elements.
The Central government and many State governments have been taking steps to
address this issue effectively. This is a matter of great satisfaction and a
healthy sign for the successful functioning of democracy in our country. We, as
awakened citizens and as voters of the largest democracy in the world, can also
contribute by discouraging such persons who have a criminal background, from
contesting elections.
Political Violence:
Violence has been with
us for long, but use of violence for political end is dangerous for the
existence of any system. In India we have been witnessing various forms of
violence. Communal violence, caste violence and political violence in general
have attained serious proportion.
Despite agricultural development,
abolition of zamindari system, and developments like green
revolution and white
revolution, there are still powerful feudal elements in thesociety. A serious
conflict of interests has emerged between higher and middle castes and this has
led to aggressive competition for political power which many a time leads to
violence.
All
of the above underlines the immature state of our nation hood which seems to
have attained independence before really being ready to handle it !!
Panacea :-
It is thus clear that
democracy in India faces certain serious challenges. These are causes of
serious concern to all. In fact, the leadership of the freedom movement and
especially the framers of the Indian Constitution themselves were very much
aware of these issues. They made a number of constitutional
provisions to address
the same. Since independence governments have taken various measures to respond
to many of these challenges. There have been significant improvements in some
of these. However, lots still have to be done.
For that, efforts have
been going on. There is need for collaboration among governmental agencies,
political parties, civil society and citizens in general.
Certain significant
corrective measures that have been adopted and can be initiated are as follows:
Universal Literacy ‘Education for
All’:
The significance and
necessity of education for efficient functioning of democracy was appreciated
by the framers of the Indian Constitution. Various governments at national and
state levels have been making efforts to attain this goal.
The goal of universal literacy
is yet to be attained. Currently a nation-wide programme known as Saakshar
Bharat is being implemented. The Sarva Shiksha Abhiyan is a flagship programme
for universalization of elementary education for children between 6-14 years of
age. Further, the Parliament of India in 2009 passed the Right to Education Act
but still the issue of infrastructure and good teachers remains the same.
Another pressing issue
will be availability of jobs post education. Unless jobs are available, no one
would be interested in education.
Poverty Alleviation:
From the 1970s, a number
of programmes have been implemented for alleviation of poverty in India. These
programmes fall into two broad categories:
(i) There
are programmes to lift beneficiaries above poverty line by providing them with
productive assets or
skills or both, so that they can employ themselves usefully
and earn greater income.
(ii) Programmes are also being implemented to
provide temporary wage employment for the poor and the landless.
Though there are
multiple projects launched by such as - Jawahar Gram Samridhi Yojana (JGSY), The Employment
Assurance Scheme (EAS)
and the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA). However all such
mega projects are executed unaudited and without any checks & balances. Due
to such open ended projects, the projects are fraught with corruption and
leakage of Government revenues.
Elimination of Gender Discrimination:
Several laws have been
enacted, policies have been made and implemented, and institutional
reforms have been
carried out for the development of women. These Amendments have reserved
one-third of the seats
in the Panchayati Raj Institutions, Municipalities and Municipal Corporations. Another
significant development has been the adoption of the National Policy for
Empowerment of Women in 2001, the overarching goal of which is to “bring about
the advancement, development and empowerment of women.” But a lot needs to be
done to attain this goal.
Removal of Regional Imbalance:
Redressing regional
imbalances has indeed been a vital objective of the planning process in India.
Efforts are on to reduce regional disparities. Centrally Sponsored Programmes
have been in operation for the last two to three decades for taking care of
specific aspects of backwardness of such regions.
Some of the major
programmes are: (i) the Tribal Development Programme, (ii) the Hill Area
Development Programme, (iii) the Border Area Development Programme, (iv) the Western
Ghat Development Programme, (v) the Drought Prone Area Programme and (vi) the
Desert Development Programme.
While the development of
the backward regions is a national responsibility, the State and the local
leadership also have significant role to play. Unless the local leadership –
political, bureaucratic and intellectual – resolves to usher in development
based on sharing the benefits on egalitarian basis with the masses, results
will be hard to come by. Resources are not the real constraints; it is the way
resources are spent that remains the fundamental concern.
Also to be mentioned
here is the center – state relations.
Administrative and Judicial Reforms:
The success of all the
above stated corrective measures primarily depends on
the efficient functioning
of administration and independence and righteousness
of the judicial system.
Rampant corruption,
inefficiencies, wastages and irresponsiveness to the needs of citizens are some
of the commonly acknowledged problems afflicting the administration. No doubt,
the Indian judiciary has
remained independent and
neutral; there are serious problems of –
(i)
slow disposal of cases leading to delays as well
as accumulation of backlog, and
(ii)
very low rate of prosecution in criminal cases.
A number of Commissions
and Committees have been set up in this regard. But bureaucratic reluctance to
change has prevented the reforms to take place in full measure. The
recommendations of various Commissions and Committees focus around the need
-
to make
administration accountable and citizen friendly.
-
to build its capacity for quality governance.
-
to orient administration for promoting peoples’
participation, decentralization and devolution
of powers.
-
to make administrative decision-making process
transparent.
-
to improve the performance and integrity of the
public services.
-
to reinforce ethics in administration and
-
to inculcate readiness for e-governance.
Judicial reform also has
been a critical concern since long. Various recommendations have been made on
many occasions. The major issues that need consideration in this regard are :
(a) Simplification of Rules and Procedures,(b) Repealing Out-dated Laws, (c)
Increase in the Judge Population Ratio, (d)Time-bound filling of Vacant Posts
in Judiciary, (d) Transparency in Appointment, Promotion and Transfer of
Judges, (e) Judicial Accountability; and (f) Transparency of Court Proceedings.
Sustainable Development (Economic,
Social, Environmental:
Indian democracy can
adequately respond to all the challenges when it moves forward on the path of
sustainable development. A model of development without taking into account the
basic needs of millions, today as well as in the future, cannot be conducive
for the survival of democracy. Development has to be human-centred and directed
towards improvement of quality of life of all the people. It has to be focused
on removal of poverty, ignorance, discrimination, disease and unemployment. The
development process has to aim at sustained economic, social and environmental
development.
Silent Fifth pillar of
Democracy :-
NO
OFFICE IN THE LAND IS MORE IMPORTANT THAN THAT OF BEING A CITIZEN
– FELIX
FRANKFURTER
The people who are
citizens in a democratic system like India cannot and ought not remain passive
and treat themselves as governed. In fact, a democracy can be successful and
vibrant only when citizens imbibe and reflect in their mindset, thinking and behaviour
the basic values like equality, freedom, secularism, social justice, accountability
and respect for all. They have to appreciate the opportunities for their
desired roles and play proactive roles to actualize the goals of democracy.
Appreciation of Opportunities for
Citizens’ Role:
The opportunities as
democratic citizens are available in all democracies, but they vary from one democratic
system to another. Indian democracy in the modern sense began after a long
period of colonial rule. Although the democratic system started just after
independence in 1947, its socio-cultural settings were and still are not in
tune with the democratic culture. India is a vast multi-cultural,
multi-lingual, truly
plural society, which in many respects still carries the characteristics of
traditionalism. At the same time it is trying to absorb the values of modern
democracy. Even now many think that the government has to rule and do
everything, and if things are not happening in an expected manner, it is only
the government which is to be blamed. As you know, the democratic government in
our country is run by the representatives chosen by us. In that sense, every
citizen is responsible for how the governments functions at different levels:
national, state and local. And hence, every citizen has to play a critical role
and use every opportunity for doing so. As Indian citizens are we doing it? Let
us consider. Major opportunities for roles of citizens may be as follows :
Participation
The key role of citizens
in a democracy is to participate in public life. The most commonly observed
opportunity of participation is exercising the right to vote during elections:
(i)
We need to vote wisely – which means that
citizens must have a valid agenda as expected from their representative. The
mandates must be far- fetched and not ad-hoc such as freebies.
(ii)
Each citizen must listen to and knows the views
of different parties and candidates, and then makes his or her own decision on
whom to vote for.
(iii)
Percentage of voting is still low. Only 66% of
India votes – which has to change. The same will require the understanding and
seriousness of the common man.
(iv)
A vital form of participation comes through membership
of political parties and more importantly, active membership in independent
non-governmental organizations, that are known as “civil society organizations.”
Making the
System Accountable
Participation in the
political process is not enough. Citizens have to make the democratic system
responsive and responsible:
(i)
Citizens are needed to ensure that the
Parliamentarians, Members of State Legislatures and their representatives in Panchayati
Raj and Municipal Institutions are accountable.
(ii)
The instruments created by the Right to
Information Act, 2005 .Citizens have an obligation to become informed about
public issues, to watch carefully how their political leaders and representatives
use their powers, and to express their own opinions and interests.
(iii)
When citizens find that the government is not
living up to its promises; they should point it out through media, make
recommendations and demands accountability from the government. If the
government still fails to fulfill promises, citizens may protest, carry out
peaceful satyagraha, civil disobedience or non-cooperation campaigns to make
the government accountable.
(iv)
However all of the above is best done through a
congregation of like minded people in a civil way. Few of the ways as adapted
to our recent time are :
a. Volunteer
for Election Watches: We need people for various activities during election
watches, like: data entry, interacting with election officers, etc.
b. Answer
the helpline: Answer the questions coming from states going to polls on
candidates based on the affidavits filed by them.
c. Design
work: Create pamphlets banners to support the Election Watch teams in states.
The pamphlets are based on current events and findings.
d. Web
site updates: Our website needs to be updated on a regular basis, with lot of
content, a lot of which comes from different states. You can help us with
updates to the website.
e. Blogging
site: Monitor and contribute to the blogging site.
f.
Public dissemination: There are a lot of
election watch public dissemination activities going in all states. You can
participate in these activities.
g. Media
Watch: We have a media watch program going on. You can participate in the media
watch program
h.
Translation Activities: A lot of our press
releases, newsletter etc. need to be translated into local languages.
Citizen’s Obligation towards Democracy
We should realize that
citizenship is more than voting or making the system accountable. Many people
tend to regard democracy as a system where literally everything is allowed. And
every person has the freedom to do whatever one desires. This often leads to a
complete chaos that devastates the order of the society rather than improving
it. In that way it leads to the opposite effects of democracy.
A citizen has to accept
that freedom is never absolute. If you have a right to do certain things, you
have also the responsibility to ensure that your actions do not infringe upon
the rights of others.
We need
to have faith in our Democratic set-up and hence must continue to speak. With
all the other so-called “pillars” of our democracy crumbling, the true, solid
pillar of the Indian citizen is our only hope for generations to come.
Road Ahead :-
Steps to
ascertain that our democracy becomes upright, matured and dependable would be :
Inclusive growth:
A new
approach to inclusive growth where equity becomes a means to a higher and more
sustained growth. For achieving this, it proposes specific initiatives for the
provision of productive assets to the poor, training for high-wage employment,
quality health care, and equitable access over markets.
Such a growth process could play an important
role in countering terrorism and strengthening democracy by giving economic
opportunities to the deprived sections of the population.
Constitutional review:
With the
passage of time the rules & laws of land must change in order to keep up
with the desires of it’s citizens.
By virtue of
it’s time of enactment, Indian constitution has Laws & By-Laws which needs
review.
-
The section
376 of the Indian Penal Code, which deals with the subject of rape,
requires many changes. As per the IPC, “rape” has been categorized into
different kinds such as Marital rape, Custodial rape, Gang rape etc.
-
The Evidence
Act requires major amendment in the definition clause of “evidence”.
Till date the act only mentions two kinds of evidences: oral or documentary.
With the advancement of technology today we have lie detector tests, DNA
proficiency tests, brain mapping and various other kinds of tests that help in
extracting the truth out of the offender.
-
The Land
Acquisition Act 1894 requires major changes as it still contains
portions which are redundant in today’s times. There is a need to redefine the
term ‘public purpose’ for which the State can acquire land in return of some
compensation.
-
The Water
(prevention and control) Pollution Act has some major defects. With
majority of our rivers drying up and the sorry state of Yamuna shows the
incompetence of the Act in the present times. The act still talks about wells
and streams as being the sources of water.
The above
are just some of the few changes which can set the ball rolling for more
stricter guidelines and enforcements of Law for it’s citizens , as is very much
required for a democratic set-up.
What type of Democracy is adept
(should we move towards direct democracy):
Parliamentary
form of government may be a bit unstable and slow in decision making, but given
the uniqueness of our country, the advantages outweighs the disadvantages. So,
even in contemporary scenario, the Westminster system is a safe bet.
At the time
of independence, Westminster form of governance was undoubtedly better suited
to Indian needs. Keeping in mind the differences in our country from the two
models (UK & US), like pluralistic society, fragile union of states etc,
let's look into some factors that went into deciding in its favor, and are
still relevant:
1. Presidential form of governance can sometimes lead to a deadlock between the executive and legislative ( like the one recently in US when the Congress didn't allowed the budget to pass, leading to a shutdown). The need of the hour was fast paced development and India couldn't really afford frequent deadlocks given that it had a multitude of representation in the Parliament.
2. Parliamentary government allows more space to accommodate political heavyweights from different regions and communities. This placates the regional leaders and helps in developing a sense of equal participation. This was even more reqd. when India was achieving independence.
1. Presidential form of governance can sometimes lead to a deadlock between the executive and legislative ( like the one recently in US when the Congress didn't allowed the budget to pass, leading to a shutdown). The need of the hour was fast paced development and India couldn't really afford frequent deadlocks given that it had a multitude of representation in the Parliament.
2. Parliamentary government allows more space to accommodate political heavyweights from different regions and communities. This placates the regional leaders and helps in developing a sense of equal participation. This was even more reqd. when India was achieving independence.
3. In a
new democracy, accountability is perhaps needed more than stability of
government. Legislature can more effectively control the government through
ministerial responsibilities, which is secured on a continuous basis unlike the
presidential form, where there is lesser control and one has to wait for the
next elections (this form however ensures less of political cycles)
4. In a pluralistic society, such government is more representative and promotes participatory decision making. Authoritarian tendencies are better checked
4. In a pluralistic society, such government is more representative and promotes participatory decision making. Authoritarian tendencies are better checked
The
representative democracy tries to maintain a balance between the say of it’s
people, however overtly not miscalculating it considering – lack of informed
decision & bias towards self aggrandizement.
Bottom line :-
Ultimately,
the only thing that is not negotiable in the constitution is the hope for
justice, equality, liberty and fraternity. A party or a government which comes
to power swearing on the constitution but does not share this vision, and which
believes in the supremacy of one religion or one language, is not only
committing perjury, but is profoundly anti-republic.
I am calling for a ‘citizens’ movement against “ Politicizing of
Democracy, corruption, criminalization and concentration of power”.
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