<< Prev Page    |    1    |    2    |    3    |    4    |    5    |    6    |    7    |    8    |    9    |    10    |    Next Page >> WHY INDIA IS DEVOID OF RULE OF LAW? Balbir Singh Sooch M.A., L.L.B., Advocate Sikh Vichar Manch Dedicated to The Spirit of Millennium World Peace Summit August 2000. 7 Some time back, Union Home Secretary Mr. N.N. Vohra had tabled a report that there was a nexus among the politicians, criminals, officers and other persons of high posts. Perusing the report, the Supreme Court had directed the Government that the Central Vigilance Commission be made an autonomous body to independently deal with the cases of corruption and other accusations against bureaucrats and politicians; but the direction was not given an ear. Prime Minister Atal Bihari Vajpai holds the courts responsible for delays and omissions while the Chief Justice of India Dr. Adarsh Sen Anand holds the Central and State Governments guilty for the lapse. Politics seem always more powerful than the judiciary, and is still acquiring more powers. For the purpose, the Prime Minister announced that government will soon set up a National Judicial Commission (NJC) to recommend appointment of judges to Supreme Court and high courts and draw up a code of ethics for judiciary. Mr. Ram Jethmalani and some other politicians are also playing the same game actively and tactfully to undermine the judiciary to keep it under the control of parliament. Mr. Kalyan Singh the former B.J.P. Chief Minister of U.P., while admitting to the conspiracy to demolish the Babri Mosque told that he had been ordered by the Supreme Court to provide all facilities to the Kar Sewaks. For the demolition of the mosque, Mr. Atal Bihari Bajpai (now Prime Minister), MR. Lal Kishan Advani (presently Home Minister) and other organizations of the Sangh Parivar had taken active and purposeful part, If so, has the Supreme Court remained impartial? A serious question has arisen for thought. The President of India on the occasion of the 50th annual celebrations of the Republic Day, said that " 50 years after becoming a republic we should be ashamed of our appalling poverty and illiteracy, our mistreatment of women and social and religious minorities, the erosion of accountability and criminalisation of politics, the sad lack of justice or voice for the common man". It is an open secret that the whole structure of the country is in doldrums and is directionless. Mr. Ram Jethmalani, the law minister of India admits that the police and the courts are eating into the roots of judicial system because of prevalent corruption and inefficiency. Enquiries show that out of 425 M.L.A.s of U.P. in 1995, as many as 180 were criminals. In Bihar, 243 criminals had contested election. In the year of 1998, as many as 19 criminals were ministers in U.P. while one of them had 37 murder cases against him, pending in courts. Only recently, the B.J.P. had allotted election tickets to criminals in larger numbers as compared to other political parties. The moral character is the thing of past in Indian politics, indeed. In India, the contestants spend far more as compared to their accountable income but a very small amount is shown in electoral documents. A survey carried out in this connection reports that every Lok Sabha candidate spends an amount between rupees 4 million to 10 million but the current Prime Minister Shri Atal Bihari Bajpai and former Prime Ministers have never shown their expenses exceeding 2-5 lakhs. Replying to a question on the subject, S. Manohar Singh Gill, the chief election commissioner lamented that the politicians are not sincere in introducing reforms in the electoral laws. Passing of laws is in the hands of the politicians and the Election Commissioner cannot go beyond statute for carrying out reforms. In order to remain out of the ambit of law, the politicians are not prepared to pass laws, which may put an end to the corrupt practices effectively. Large number of persons in power amass wealth through the high officials, on the pretext of holding election Thus, they spread corruption. The politicians in general are totally against the eradication of corruption. It is a well-known fact that whoever is still ignorant, it is due to the curse of illiteracy. The bureaucracy and the police are looting and exploiting the masses during the process of collecting money for the election funds being raised by the politicians. The poor people have no place to hide from these sharks. It is a common saying that mostly officers and subordinates get, posting/transfer orders after making payments for the job. The politicians have gathered influence directly or indirectly over the courts of law. And thus the courts have not been able to escape from the malady of corruption. The feathers of the Anti-Corruption agencies have already been clipped. The situation has reached a point where it is being admitted, in unequivocal terms that the people's faith in the justice system was eroding. Such erosion, if not checked immediately, could lead to a tragic scenario where people prefer to settle their scores on the streets instead of resorting to the constitutionally established forum, like the police and courts. It is an open secret that politics is a game for the moneyed people, and not for the honest or the intellectual. Wealth can not be accumulated without the commission of sin. The holy Granth Sahib vouchsafes for it. "O True Master! The whole world has been suffering for gathering this wealth and earlier also lot of people have undergone sufferings for collecting this wealth, but this wealth cannot be amassed without committing sins and it does not accompany man at the time of death. But whosoever is forsaken by the Lord as per His Will, loses all his virtues and good deeds (actions). (Sri Guru Granth Sahib. Page-417) Elections have become tools in their hands and to combat the evil, the Chief Election Commissioner, Manohar Singh Gill has started a crusade but the sinners/wicked do not support him. He is of the view that in order to reform the electoral process, the electoral machinery should be responsible to the Election Office where from a code of conduct be issued for strict compliance by the staff. This matter is long pending and Executive has put it in a cold storage by referring it to the apex court. An early decision was promised but, instead, the cases are pending decision since 1993-1997. It is clear as daylight that the Supreme Court seems unable to work independently. How one can expect the subordinate judiciary to be impartial and free? Because of the conduct of the politicians towards the electoral reforms, legal battle has almost become a farce. According to the proposal put by the C.E.C., a small effort can solve the cases of reservation for women and other groups and there would be no need to amend the constitution. According to him, every group/class can be given representation on basis of population for example, the women are about 50% of the population and the political parties should allot 50% seats compulsorily to the women wherever they can get any women elected. In this way, the government does not need to notify any seat as reserved for any class of the population. Everybody can be given a chance on merit and nobody's future in politics could be prejudiced. For this purpose, a minor amendment can be made in the Representation of the People Act without amending the Indian constitution. But, the politicians are not faithful, even for their own citizens. They keep some issues afloat for election purposes and nobody seems honest enough to solve them. These politicians spread hatred by dividing the society in-groups and fulfil their own ambitions. The President of India, Shri K.R. Narayanan has admitted that communal violence and hatred has entered into a new phase in India. Primarily, the Sikhs were made targets of communal violence and recently, the Christian brotherhood has been targeted for communal hatred. Two Buddhist have now been assassinated in Ladhakh. The President has advised the Governors to put pressure on the state governments to prevent anti-constitutional actions; instead of working as mere agents of the central government. The message is clear that the State governments: should refuse to be parties to such undemocratic, unlawful and immoral acts. The Chief Election Commissioner has similarly stressed that the National Commissions like Indian Minorities Commission, National Human Rights Commission and Central Vigilance Commission etc. should be headed by and composed of only competent persons who are supposed not to be puppets for the administration. Only then the administrative and electoral machinery can become really impartial and free. Dr. Gill while agreeing with the comments of the President has further remarked that pressure should be constantly exerted over the State governments and after initiation of electoral process, the state administration should directly come under the Governors who should prove their mettle during the elections. The CEC knows well that, being a representative of the ruling party, the part played by the heads of National Commissions, the members and the Governors have always been undesirable. Thus, he is pressing his point that the appointments of such worthies should be made in agreement with the opposition so that they may perform their respective duties freely and impartially. The Government of India is holding the I.S.I. responsible for the attacks on Christians and explosions in the churches, but Chief Minister of Karnataka Shri S.M. Krishana has vehemently declared that there was no proof to put blame on any national or international organisation. Mr. John Dyal, the Chairman of United Christians Forum for Human Rights has emphatically said "these attacks and bomb explosions are the result of a hatred spread against the Christians by the Sangh Parivar. Mr. John Dyal has condemned the Christian member John Joseph of Minorities' Commission with the hard-hitting phrases such as "this member does not represent the Christians and the oppressor government which is playing the old game of divide and rule. Declaring the Sangh Parivar innocent, John Joseph is repaying his masters by endorsing their stand. Similarly the part played by the alleged Sikh representatives in the minority commission cannot be called pro-Sikh. They were taken into the commission solely because of their background, being anti-Sikh and comradeship so that the Sikhs may leave Sikhism, following the example of this pseudo Sikh representatives who have sold their conscience over loaves and riches. Everybody is now aware that the organisation created by the R.S.S., in order to teach a lesson to the Christian community and to push them out of India, are instigating the majority community to attack the Christians. Due to special reasons, Dr. Manohar Singh Gill has brought this matter to the fore by asking for the reforms in the rules pertaining to appointments in bureaucracy. But, these politicians and their stooges are crying hoarse against the suggestions put forward by Mr. Gill. Corruption and injustice in courts are considered to be due to the objectionable appointments of judges. This serious matter is always put in the deep freezer on the plea that the persons of high judicial calibre are not coming forward. Practically, all appointments of judges are made by the law ministry and with the specific consent of the ruling party. Now a days, the Indian courts are being charged for corruption. On the other side, the chief Justice of India Dr. Adrash Sen Anand has called for financial and administrative autonomy for the judiciary in order to overcome problems, arising out of neglect, of this vital wing of the democracy by the executive and the legislature. The lawyers too are being condemned for not been able to assert themselves for judicial autonomy, lamenting the "passive" role of lawyer's introspection to refurbish their image and to make judiciary independent, which is so crucial for sustaining the rule of law.    << Prev Page    |    1    |    2    |    3    |    4    |    5    |    6    |    7    |    8    |    9    |    10    |    Next Page >>