Failed Constitution

 

DECCAN  INQUIRER

BI-WEEKLY E NEWS  PAPER  

EDITOR:  NAGARAJA.M.R  .. ..   VOL.20  .. ISSUE.95.…28/11/2024

Ambedkar  against  Constitution & Independence  ?

https://e-inquirer.blogspot.com/2023/11/ambedkar-against-constitution.html 

Constitution of  India  biased

Constitution of India written by ambedkar is unjust and enforces iniquity. It favours few castes , religions like dalit , muslims. We respect noble ideals of constitution  but oppose  inhuman , unjust , inequitable laws in it.

Violation of human rights is a crime. Constitution of india violates human rights , therefore ....

Constitution law  must  treat all as equals. Ideally  law  must help all  oppressed people   irrespective of caste or  religion.

Constitution without equality humanity  is waste. Religion without equality humanity is waste. Humanity  is greater than constitution & religion.

Is it not the duty of government to redress sufferings of all castes , religions ?  Does constitution  and government  think only dalits , muslims have rights not others ?

Every human being  gets human rights by birth. It is not given by ambedkar , constitution  or religion. Nobody , no ambedkar has authority to violate human rights of others. Look at unjust , biased laws in constitution it favours  few caste , religion and oppresses others.

please look at different property laws , different marriage laws for different castes & religions. Different  set of  governance rules for religious bodies of different religions.  Lack of accountability laws for police judges MPs MLAs. Is it equality ?

we whole heartedly  empathise with dalits  and others who have suffered oppressions like untouchability. Untouchability must be eradicated  not just physically but from mindset of all. However constitution laws , government  is concerned only about dalit suffering,  not  others.

Constitution of India written by ambedkar is unjust and enforces iniquity. It favours few castes , religions like dalit , muslims. We respect noble ideals of constitution  but oppose  inhuman , unjust , inequitable laws in it.

Editorial  : Caste Hatred & Independence

All human beings in our country are equals nobody is superior not inferior. All human beings must be equally respected.

Our politicians and society are propagating following myths to appease dalits.

Ambedkar’  constitution 

Fact : Constitution draft is a team work of seven members including ambedkar all of them are legal scholars. Not by ambedkar alone.

Ambedkar was a freedom fighter. 

Fact : Ambedkar was a great civil rights activist who struggled for dalit rights. Other freedom fighters were struggling for Independence  to all indians encompassing all religions & castes. While other  freedom fighters were fighting for independence , suffering police torture in jails , ambedkar was working as a minister in british viceroy's  privy council.

Rights are given by ambedkar. 

Fact : every human  being automatically has human rights by virtue of his birth. Our constitution has reaffirmed those human rights by the name of fundamental  rights.

Only dalits  have rights and must be protected.  

Fact : all indian citizens have equal rights and all  must be protected.

Reservation benefit  is only for dalits.  

Fact :  Any indian citizen who is struggling to get educated , employed  due financial status , social status must get government support. Reservation benefit is given from tax payer's money - dalit tax payer , vokkaliga tax payer , muslim tax payer , christian , lingayath , brahmin , other tax payers. One enjoys reservation benefit from other caste tax payer's money but hate the same caste people. It is wrong.

Only atrocities against dalits are crimes. 

Fact : police , government take suo motto  action at lightning speed  when dalit atrocities,  atrocities against muslims are reported. No action when other hindu people suffer atrocities at the hands of muslims and dalits. See social media how dalits and muslims scold hindus , brahmins. No action by police & government against such guilty dalits & muslims. It is failure of duties by police & government. It is a shame and proves the culture of such criminals.

Reservation is perfect solution for correcting social inequality.  

Fact : it is a crime , it is violation of human rights of equality , equitable justice ,  equal opportunity. Caste identities of all indians must be eradicated from government  transactions  , societal transactions. Society must evolve , mature. However beneficiaries are addicted to Reservation benefits  such that even after conversion to other religions , they hang on to their old caste identities. Present reservation policy is creating caste divisions , caste conflicts , violence in india.

All dalit atrocities are by brahmins. 

Fact: more than 95% of dalit atrocities are committed by non brahmins as per government crime records. In turn dalit groups  are also involved in atrocities , violence against other caste people.

Reservation  paves the way for social justice , equitable fair society. 

Fact : it has failed. Since Independence  reservation is in force for 77 years. From group D to Group A posts are filled as per reservation policy. See corruption in police stations , government hospitals , RTO offices , sub registrar offices , officials selected on the basis of social justice don't respect social justice don't  provide justice to public , don't  do their duties properly. In the matter of corruption officials belonging all castes and religions  are hand in gloves with each other. Only honest few are left in government  service. See India's  ranking in corruption index. It is worse.

Since 3000 years brahmins solely persecuted  dalits. 

Fact : since 3000 years till date population of  brahmins is less than 5% of total population. Remaining  95% of population, non brahmins  were land owners , rich , physically strong , they were village chieftains  , temple management heads , kings , military chieftains - they were running society , kingdoms , temples as per their own rules in all aspects. Do such 95%  strong people bow their heads before weak 5% brahmins ?  In fact brahmins took orders from kings , village chieftains  , temple management  heads and carried out the instructions of those kings , village heads. Now brahmins are made scape goats for crimes committed by others. 

Partly brahmins are also guilty , as they were accomplices of perpetrators , master minds of atrocities. Society is flagging accomplice leaving aside master minds , main accused. Hatred for Brahmins was started by Christian missionaries  and carried forward today for political gains.

All forward caste people  , brahmins are rich and doesn't need government support.

Fact : there are many poor people in forward castes including brahmins, who cannot afford a single meal a day , cannot afford their children's education,  cannot afford medical treatment in hospitals. Many brahmins are working as sweepers in  sulabh shouchalayas , public toilets. Whereas in reserved community families one or two members are in government service earning more than a lakh rupees per month , still they enjoy government support.

All reserved communities , dalits are innocents and suffer violence , torture.

 Fact : dalits themselves  mete out atrocities on other sub castes of dalits. Right hand dalits  treat  left hand dalits , sweepers as inferiors. They don't make matrimonial relationships with them. They cannot live as their neighbours. There are separate colonies for left hand dalits and right hand dalits.  Few years back dalit leader mantelingaiah was sentenced to jail for murdering an old dalit woman.  Dalit atrocities against dalits see following video : 

View following video and articles.

https://fb.watch/nXtRoajXCF/?mibextid=dSAeCa  ,

https://www.prajavani.net/district/ramanagara/fir-on-writer-prakash-manteda-on-spoiling-communal-harmony-allegations-2543646 

Dalits are innocents and suffer alround aatrocities.

 Fact : more than 50 % of dalit atrocity cases are fake and accordingly disposed off by courts of law. 

Note : there are good , honest people as well as bad people , criminals in all castes and communities. There are rich as well as poor people in all castes and communities. You cannot  generalise. We must respect all and government must support poor  from all castes & communities. 

Persecution of Brahmins in India is similar to  Persecution of Jews in Nazi Germany.

We truly need INDEPENDENCE from our caste identities , we need independence from identification of an individual by caste , religion. We as a society need change of mindset.

We Common people have not  got  INDEPENDENCE. It is a shame even after 77 years of independence from britishers , we are still following repressive colonial era rules. Many colonial era rules were copied into Constitution of India. Flawed Reservation policy is also  a copied version of colonial era law. Britishers practiced APARTHEID  by the name of reservation.

Till date  ACCOUNTABILITY OF POLICE , MINISTERS AND JUDGES is absent in rule book.

Many Indians have misunderstood  indian history by looking  through prism of British historians. As per those historians for all evils which happened  upto British rule brahmins were solely responsible. How is it possible for 5% population to rule over  95% strong populace ? Does that mean rulers,  kings , village heads who belonged to others castes were weak & meek ? No those  rulers were mighty , their kingdoms were wealthy. They have enforced many welfare measures. But nobody credits good deeds of these rulers to brahmins , only gives credits of bad deeds of rulers to brahmins. Double standards.

Brahmins were made as scape goats for all the crimes , misdeeds committed by non brahmin rulers  against dalits , others. True brahmins were accomplices in the crime , but  the main criminals were non brahmin rulers. 

In these 77 years of independent india  95% of  government service posts and 95% of  MPs , MLAs  are non brahmins. Ideally GOLDEN AGE should have descended in India but opposite has happened. Corruption is everywhere in government hospitals , offices , police stations  , illegal detentions , 3rd degree tortures in police stations is wide spread. Murders of journalists , RTI activists , false fix ups in cases is rampant. Is this INDEPENDENCE  ?

Caste hatred murders are frequent , tribals are illegally evicted from forests for industrial projects without appropriate rehabilitation. Atrocities on dalits are frequent. Just take  examples  a dalit lady district magistrate was  threatened by  accomplice of a state chief minister. Dalit girls were raped by a religious pontiff. Drinking water tank  in a dalit locality was mixed with human excreta and all dalits in the locality were made to drink that water for weeks. A dalit judge was dismissed from service for upholding tribal rights. A  high court  judge made threats to  a dalit munsiff judge. There  is more. Perpetrators in all these cases are  non brahmins.

Dalit organizations and  brahmin haters who frequently abuse brahmins , where are your voices against these atrocities ? Dalits , non brahmins make slur , casteist remarks against brahmins but no action is taken. When a brahmin does the mistake of casteist remarks police action , protest March is taken at lightning speed. Take recent case of  kannada movie star Upendra.  Why this double standard ? Shameful.

Casteist remarks made by dalit is wrong , if made by brahmin it is also wrong , if made by non dalit / non brahmin that too is wrong. However there should not be  double standards.

Brahmins are  suppressed  by apartheid policy  called reservation. College admissions denied , scholarships denied , jobs denied , self employment loans denied. Food , livelihood snatched away in the name of land reforms act ,  Temple priest jobs snatched and  those still serving priests are not paid equal wages , statutory minimum wages. In 1948  thousands of brahmins were murdered , massacred. Is this true independence  we struggled for ?

SHAME.

Whenever a non brahmin makes derogatory comments against brahmins , massacre of brahmins no action is taken. If  a brahmin is accused of making  derogatory  remark law swings into action at lightning speed , protests March taken. 

Is this equitable fair justice ?

Basically we are all  human beings and must respect  each other.  Nobody is superior or inferior. All are Equals.

We respect every human being as a human irrespective of his caste or religious background. But  this respect must  be reciprocated by all.

Hereby  we  demand government of india  and supreme court of india :

To  legally prosecute  public ,  MPs , MLAs who make derogatory remarks against Brahmin community.

To provide government support to poor brahmins  on par with poor dalits in education,  self employment , government service.

To make public  the details about Massacre of Brahmins in Maharashtra & other states in 1948 and afterwards.

To make public action taken against the perpetrators of massacre.

To declare late Tamil politician Periyar as insane and  remove all his casteist remarks , rantings from public domain , government records.

Let us truly build our motherland BHARATH as per following spirit :

Where the mind is without fear

and the head is held high;

Where knowledge is free;

Where the world has not been broken up

into fragments by narrow domestic walls;

Where words come out from the depth of truth;

Where tireless striving stretches its arms toward perfection;

Where the clear stream of reason has not lost its way

into the dreary desert sand of dead habit

Where the mind is led forward by Thee

into ever-widening thought and action 

Into that heaven of freedom,

my Father, let my country awake.

Jai Hind. Vande Mataram.

Your's 

Nagaraja M R

Read :

India's Failed Independence

https://e-dalit.blogspot.com/2023/08/indias-failed-independence.html?m=1  

Failed Constitution

Editorial  : Failed Constitution of India

Out of the 763 Sitting MPs in Lok Sabha and Rajya Sabha, a staggering 306 (40%) have declared criminal cases against themselves such as charges of murder and crimes against women, as per the latest ADR report.

More than half of Karnataka’s newly elected legislators have declared criminal cases against themselves, according to non-profits Karnataka Election Watch and Association for Democratic Reforms (ADR). 

This year, 58% of the Congress’ winners, 52% of the BJP’s and 19% from the JDS have a criminal background. In the serious crimes category, 40 candidates from the Congress, 23 from the BJP and seven from the JDS are facing charges. One winning candidate is facing murder charges, seven have declared cases related to crimes against women, and one is facing rape charges.

Please read the Vohra Committee Report on criminal nexus of corrupt politicians , ministers , bureaucrats,  police and Criminals  running parallel government in India. Action taken , nil.

Read Karnataka Lokayukta  Honourable  Justice  Santosh Hegde's Report  about mining mafia in Karnataka. Action taken  , nil. 

       At the cusp of  Independence,  people aspired for independence from british foreign power , Independence from hold of rich , powers that be over poor , Independence from caste identities,  caste hierarchies.

       During  drafting and adoption of Contitution of India itself we have failed in all counts.

Although british left our country more than 50% of laws of british era were copied into our Constitution  which  were in favour of  rulers not subjects.

Opinion of general public was not taken , while drafting Constitution nor during ratification. Drafters thought they are super brains in the world and ratification done by members who were not directly elected by 100%  indian citizens.

Even after 76 years of India's Independence  caste system is prevalent in government and society. Government  asks for caste of person in all it's transactions , government identifies citizens by caste. Even the oppressed class people who speak against caste identity cling on  to it for the sake of government freebies even after their conversion to other religions.

Now government itself is the oppressor. It is oppressing forward caste , brahmins. Feeding a hungry person is good deed but feeding a hungry by snatching full food from the meal plate of another hungry man is a crime. Therefore  Reservation policy of government is a crime and human rights violation.

Regarding accountability of public servants , MPs , MLAs , laws are in the favour of  powers that be. A common man don't get justice in time or justice at all. It is not fair , level field.

There are different set of property laws , marriage laws for different castes and religions.

Muslim man going to his holy place mecca gets government support  while hindu going to kashi  , Christian , jews going to  Israel, etc  don't get  government support.

Public donations made to hindu temples are taken by government. While public donations made to mosques , churches are not even touched by government paradoxically  government itself gives grants to mosques , churches.

Families of muslim or dalit man murdered in clashes get lakhs of rupees government compensation while a hindu man murdered in clash gets government compensation of few thousand  if he happens to be a forward caste , brahmin no compensation  at all.

After 76 years of Independence  , now from group D to group A posts 95% of all posts and 95 % of MP , MLAs  are all filled with non brahmins as per Reservation policy. Look at   corruption index of india. Corruption in RTO office , police station , sub registrar office  , government hospital , etc is rampant. Ideally a just society should have descended  as all these are selected as per social justice norms. But failed as social justice laws have failed to correct root cause. Since 3000 years till date  95% of ruling class - kings , MPs , MLAs ,  , village chieftains  , temple management heads  are all non brahmins. They made rules , enforced it as per their will & wish. Look at statistics of dalit atrocities post Independence  95% of dalit atrocities are committed by non brahmins. Government  is consistently  overlooking  real Perpetrators  and In line with british era christian missionaries  brahmins are made as scape goats for all dalit atrocities and government has formulated laws to persecute brahmins alone. That is the reason dalit atrocities are continuing till date and will continue for thousands of years as per existing laws.

If a brahmin makes a casteist remark against a dalit or non brahmin it is a big crime and he is prosecuted. However when a dalit or non brahmin makes casteist remark against a brahmin , assaults a brahmin , murders a brahmin  it is not a crime , not an issue at all for government.

When a common man is accused of a murder he is easily legally prosecuted. However when a police officer makes a cold blooded murder of a suspect in lock up by third degree torture , procedures for legal prosecution of police officer are tough as they are in favour of  police themselves.

When an office attender or clerk in a government office is accused of corruption  he is easily prosecuted. While a minister , MP , MLA , Judge  is accused of corruption it is hard to legally prosecute him as laws are in minister , Judge , MP , MLA's favour.

 Equality ,Equal Opportunity  , Equitable  Justice  , Fundamental rights, Preamble of Constitution of India are all only in letters  NOT in spirit or practice.  Constitutional drafters themselves devised laws to circumvent them. Present day rulers are also doing the same.

We Indians respect  salute  the preamble of Constitution  of India but not the  unjust laws  creeped into Constitution.

We  demand government to safeguard fundamental rights of all indians not few favoured castes , communities  alone.

Now all government records are aadhar linked , property , vehicles , salary , bank accounts are linked. Government can conduct real time caste census and get real time data of all people , arrive at decisions who are actually forward castes and who are backward , who are rich and who are not. Based on this government can bring out laws to uplift needy.

We demand government to enable all indians to perform their Fundamental Duties without any  hindrance. 

The noble objectives stated in our Constitution preamble  , fundamental rights are good but demand amendments to many unjust laws in our statute book.

Jai Hind. Vande Mataram.

With regards

Nagaraja M R

Caste Hatred & Independence

All human beings in our country are equals nobody is superior not inferior. All human beings must be equally respected.

Our politicians and society are propagating following myths to appease dalits.

Ambedkar’  constitution 

Fact : Constitution draft is a team work of seven members including ambedkar all of them are legal scholars. Not by ambedkar alone.

Ambedkar was a freedom fighter. 

Fact : Ambedkar was a great civil rights activist who struggled for dalit rights. Other freedom fighters were struggling for Independence  to all indians encompassing all religions & castes. While other  freedom fighters were fighting for independence , suffering police torture in jails , ambedkar was working as a minister in british viceroy's  privy council.

Rights are given by ambedkar. 

Fact : every human  being automatically has human rights by virtue of his birth. Our constitution has reaffirmed those human rights by the name of fundamental  rights.

Only dalits  have rights and must be protected.  

Fact : all indian citizens have equal rights and all  must be protected.

Fact : all indian citizens have equal rights and all  must be protected.

Reservation benefit  is only for dalits.  

Fact :  Any indian citizen who is struggling to get educated , employed  due financial status , social status must get government support. Reservation benefit is given from tax payer's money - dalit tax payer , vokkaliga tax payer , muslim tax payer , christian , lingayath , brahmin , other tax payers. One enjoys reservation benefit from other caste tax payer's money but hate the same caste people. It is wrong.

Only atrocities against dalits are crimes. 

Fact : police , government take suo motto  action at lightning speed  when dalit atrocities,  atrocities against muslims are reported. No action when other hindu people suffer atrocities at the hands of muslims and dalits. See social media how dalits and muslims scold hindus , brahmins. No action by police & government against such guilty dalits & muslims. It is failure of duties by police & government. It is a shame and proves the culture of such criminals.

Reservation is perfect solution for correcting social inequality.  

Fact : it is a crime , it is violation of human rights of equality , equitable justice ,  equal opportunity. Caste identities of all indians must be eradicated from government  transactions  , societal transactions. Society must evolve , mature. However beneficiaries are addicted to Reservation benefits  such that even after conversion to other religions , they hang on to their old caste identities. Present reservation policy is creating caste divisions , caste conflicts , violence in india.

.

All dalit atrocities are by brahmins. 

Fact: more than 95% of dalit atrocities are committed by non brahmins as per government crime records. In turn dalit groups  are also involved in atrocities , violence against other caste people.

Reservation  paves the way for social justice , equitable fair society. 

Fact : it has failed. Since Independence  reservation is in force for 77 years. From group D to Group A posts are filled as per reservation policy. See corruption in police stations , government hospitals , RTO offices , sub registrar offices , officials selected on the basis of social justice don't respect social justice don't  provide justice to public , don't  do their duties properly. In the matter of corruption officials belonging all castes and religions  are hand in gloves with each other. Only honest few are left in government  service. See India's  ranking in corruption index. It is worse.

Since 3000 years brahmins solely persecuted  dalits. 

Fact : since 3000 years till date population of  brahmins is less than 5% of total population. Remaining  95% of population, non brahmins  were land owners , rich , physically strong , they were village chieftains  , temple management heads , kings , military chieftains - they were running society , kingdoms , temples as per their own rules in all aspects. Do such 95%  strong people bow their heads before weak 5% brahmins ?  In fact brahmins took orders from kings , village chieftains  , temple management  heads and carried out the instructions of those kings , village heads. Now brahmins are made scape goats for crimes committed by others. 

Partly brahmins are also guilty , as they were accomplices of perpetrators , master minds of atrocities. Society is flagging accomplice leaving aside master minds , main accused. Hatred for Brahmins was started by Christian missionaries  and carried forward today for political gains.

11. All forward caste people  , brahmins are rich and doesn't need government support.

Fact : there are many poor people in forward castes including brahmins, who cannot afford a single meal a day , cannot afford their children's education,  cannot afford medical treatment in hospitals. Many brahmins are working as sweepers in  sulabh shouchalayas , public toilets. Whereas in reserved community families one or two members are in government service earning more than a lakh rupees per month , still they enjoy government support.

12. All reserved communities , dalits are innocents and suffer violence , torture.

 Fact : dalits themselves  mete out atrocities on other sub castes of dalits. Right hand dalits  treat  left hand dalits , sweepers as inferiors. They don't make matrimonial relationships with them. They cannot live as their neighbours. There are separate colonies for left hand dalits and right hand dalits.  Few years back dalit leader mantelingaiah was sentenced to jail for murdering an old dalit woman.  Dalit atrocities against dalits see following video : 

View following video and articles.

https://fb.watch/nXtRoajXCF/?mibextid=dSAeCa  ,

https://www.prajavani.net/district/ramanagara/fir-on-writer-prakash-manteda-on-spoiling-communal-harmony-allegations-2543646 

13. Dalits are innocents and suffer alround aatrocities.

 Fact : more than 50 % of dalit atrocity cases are fake and accordingly disposed off by courts of law. 

Note : there are good , honest people as well as bad people , criminals in all castes and communities. There are rich as well as poor people in all castes and communities. You cannot  generalise. We must respect all and government must support poor  from all castes & communities. 

Dictatorship Vs Democracy

At the outset , we express our whole hearted respects to all constitutional institutions &  to the honest few in public service. Contempt of constitutional institutions , citizens of India is being made by the corrupt persons in constitutional positions themselves. This is an appeal to the honest few in public service , constitutional positions , to bring their corrupt colleagues to book.

1.                  does the action of MPs , MLAs taking money / receiving favors from vested interests , to formulate policy decisions , to raise questions in parliament / legislative bodies or to abstain from voting legal ?

2.            why transparent , fair investigation is not done in such cases ?

3.            just remember , the  vulgar acts of Mr.Bora Babu Singh in state legislature & how some  MLAs   vulgarly behaved with Ms.Jayalalita  in state legislature , years ago. Are these type of vulgar actions by MPs & MLAs  legal ? does not these constitute contempt of the house by MPs & MLAs themselves ?

4.            all the people’s representatives from panchayath member to president of India must read ABCD  Of Democracy  provide along with.since independence of India till date , MPs & MLAs are forcing projects on people against the wishes of people , formulating policies against the wishes of people. Are not such projects , government policies & Laws , undemocratic & illegal ?

5.            is the election commission of India verifying the authenticity of affidavits submitted by electoral candidates ?

6.            how many candidates have been caught so far for giving false affidavits ? are all the violators prosecuted?

7.            are the MPs , MLAs submitting their wealth details on affidavits yearly to vigilance authorities ? defaulters , violators how many ?

8.            what legal action taken against violators , defaulters , for giving false affidavits ?

9.            who is checking the authenticity of those affidavits submitted by MPs , MLAs ?

10.          the agricultural incomes of some MPs , MLAs , their kih & kin raises even during the time of severe drought , floods , fall in prices of agricultural products , their companies register increase in turnover / profits even during recession , the trusts / NGOs set up by them receive huge donations. Are all these income legal ?

 

Editorial : A B C D of Democracy – A Lesson for all people’s representatives

HOW MPs ,MLAs  , Ministers - PEOPLE’S REPRESENTATIVES MUST FUNCTION 

 

People are the kings , self rulers in a democracy . Peoples representatives must just represent the wishes ,  aspirations of people.  Example : PEOPLE  are nothing but land owners , MPs , MLAs , people’s representatives are just GPA Holders. The Electorate – Citizens of India are  SUPREME than Parliament , Ministers and all Other Institutions. When  people in Jaitapur , Maharashtra state of India  and  People of Koodankulam , Tamilnadu are totally against a nuke plant in their area  and they don’t want it , still the authorities are forcing this project over their head. Now farmers  are convinced  new farm laws are detrimental  to their survival, still government is forcing it on them, why ?  Industrial workers are sure new labor laws will be death knell for their survival , still government is forcing it on them. Why ? To benefit whom ? These type of  dictatorial acts of governments ( irrespective  of political parties in power ) since independence  is ruining  representative democratic governance in india.

Since 77 years of independence , In India the learned IAS babus & Netas are forcing their agendas , SEZs , Projects over the people for their own selfish gains , against the wishes of people. This is not DEMOCRACY.

In india, indirect democracy is the form of governance. In this form, people's representatives are bound to raise the questions , issues concerning their constituents on their behalf , on the floor of the house. However the sad part in india even after  76  years of democracy , is the lobbying is at it's peak. The lobbying is a gentleman's white collared crook's way of forming favour seeker's group , creating a corpus to pay lumpsum bribe & influencing decision making.

The people's representatives are bound to represent their people first , then their party & party think tanks. India has come to this sorry state of affairs , widespread corruption , huge black economy & rampant poverty, all due to inefficient legislations & enforcements.

These think tanks & IAS lobby, consider themselves as most super brains on earth & gives out suggestions . the present state of affairs is a barometer of their brilliance.  Take just one case for the brilliance of our cabinet ministers & IAS babus , In  India nearly 50 crore people are barely surviving on a single piece meal per day , hundreds of people are dying due to HUNGER & MALNUTRITION at one end  at the other end thousands of tonnes of food grains are rotting away , wasted  in FCI Godowns (ie the food procured by the government) , what  brilliant ministers & IAS officers ? These think tanks & IAS lobby are the hand maidens of lobbyists / bribers.

Now consider the following example :

Mr.raj gandhi is a member of parliament from mandya constituency in karnataka state. He is a MBA graduate & member of ruling Indian progressive party. The multinational giant M/S GREY HOUND CORPORATION wants to enter into paper manufacturing business in india. It's sight falls on the public sector paper giant mandya national paper mills (MNPM) in mandya district of karnataka. The MNC effectively lobbies with the government. The ruling party think tank & the cabinet advisory group recommends to the government to make strategic

disinvestment in the PSU M/S MNPM. They bring out graph with full power point presentation stating that it is good for the company as well as the government. The lobbyists follows it up with media reports on the positive aspect of strategic disinvestment. A favourable impression is created in the minds of literate public. The cabinet

committee okays it.

The " strategic dis investment issue " comes before the parliament for legislation / approval. The ruling party issues a party whip to it's members to vote in favour of dis investment. However M.P mr.raj gandhi who is an MBA in his own wisdom also favours the dis investment. However ,most importantly the constituents – people in mandya parliamentary constituency through protest marches , mass post card campaigns lakhs in numbers expresses their disagreement with the dis investment & urges their MP mr.gandhi to vote against the disinvestment legislation.

On the D-day in parliament , mr. Raj gandhi as per his party whip & his own wisdom votes in favour of strategic disinvestment legislation, much against the wishes of his people , constituents & mis represents them in parliament. the democracy has failed here. in This way democracy is being derailed since 76  years in india.

In democracy, party whip , MP or MLA's own wisdom / brilliance, think tank & IAS lobby recommendations are all secondary , the constituent's of his constituency , people's wishes aspirations are of primary importance & supreme. What people need is a honest

representative, who simply delivers the people's aspirations on the floor of the house back & forth , without superimposing it with his own ideas & party ideas. For true democracy , the people's representatives must be true postmans.

Towards this end , the people must be educated about their democratic rights & responsibilities. This is an appeal to the honest few in the parliament & state legislatures to weed out their corrupt colleagues , lobbyists, to uphold the dignity of the house & to install democracy in it's true form. Jai Hind. Vande Mataram.

 

Your’s Sincerely,

Nagaraja.M.R.

 

FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES IN INDIA

Let the Legislators of states, members of parliament, High courts & Supreme Court Judges & other constitutional functionaries answer the following questions which are vital in a democracy.

1) What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

2) What are the privileges conferred on legislators & parliamentarians by the constitution of India?

a) Inside the House b) Outside the House

3) What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

4) Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

5) Are the privileges defined & codified ?

6) Are these privileges above freedom of the press ?

7) Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?

8) Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ?

9) Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?

10) Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?

11) Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.

12) Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?

13) Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official's secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges ?

14) Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?

15) By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer's money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?

16) Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more

valid) in a democracy ?

17) If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?

18) While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?

19) Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?

20) Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?

21) Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation" ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.

22) What is the criteria for admitting a P.I.L. & giving free legal aid ?

23) Communication - free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?

 

Criminalisation of Politics: A Grave Threat to Democracy

By Diksha Puri

The infiltration of criminals into politics has become a growing concern, raising serious questions about the integrity of democratic processes. The criminalisation of politics, with candidates charged with heinous offences holding positions of power, has cast a shadow on governance, accountability, and the people's trust, writes Diksha Puri.

Recently, the Association for Democratic Reforms (ADR), an advocacy group focused on electoral reforms, wrote a letter to the Election Commission of India (ECI) urging the Commission to take action against political parties that have failed to disclose the criminal backgrounds of candidates they have nominated in various assembly elections conducted in recent years.

Prof. Trilochan Sastry, Founder and Trustee of Association for Democratic Reforms (ADR) speaks on criminalisation of politics 

Based on the Supreme Court’s directives on September 25, 2018, and February 13, 2020, political parties have been instructed to disclose the criminal histories of candidates contesting elections. They are also required to provide reasons for nominating these candidates, regardless of their perceived chances of winning. The ECI has further issued a directive to ensure the implementation of the court’s orders regarding the declaration of candidates’ criminal backgrounds. However, despite multiple reminders, several political parties in India persistently neglect to fulfil these obligations of public disclosure.

“Electoral reforms have been at the forefront of ADR’s commitment. We have been doing many surveys on criminal politicians, and we ensure that this information is readily available to the public. The time has come for the Election Commission of India to take decisive action against political parties that willfully defy the directives of both the Supreme Court and the ECI. Individuals engaged in criminal activities are ill-suited for governance as their focus remains fixated on their unlawful pursuits. Consequently, corruption thrives, public services deteriorate, roads suffer, government schools falter, and public healthcare centres operate inefficiently. These criminals prioritise self-interest over serving the people. Hence, those genuinely dedicated to public service must be given tickets by political parties to contest in elections, but there is no political will to make this a reality,” states Prof. Trilochan Sastry, Founder and Trustee of ADR.

According to Professor Sastry, the voters need to be well-informed about the serious criminal cases linked to the candidates they are considering supporting. He suggests that if voters were provided with comprehensive details of these criminal cases right at the polling booth before they cast their votes, it could have a significant impact on the electoral outcomes. By making such information readily available, many candidates with criminal backgrounds may lose public trust and support.

Senior advocate Vikas Singh, who previously represented the Election Commission in a case pertaining to the criminalisation of politics, says there are huge complexities surrounding the matter. He emphasises that the responsibility should lie with political parties not to nominate candidates with criminal backgrounds. In an interview with The Probe, Vikas Singh, who also serves as the President of the Supreme Court Bar Association (SCBA), notes that the political class is employing manipulative tactics in an attempt to undermine the directives of the apex court.

“The Supreme Court’s directive was clear – the criminal backgrounds of candidates given tickets by political parties should be made public on the website. However, this measure proved ineffective as criminals contested and even won elections. Recognising the need for a more robust solution, I proposed that pressure be exerted on political parties, making them accountable for their choices. It was crucial to question why they were granting tickets to criminals instead of individuals with good reputations. Unfortunately, political parties started circumventing the directive of the Supreme Court by adopting a standard defence tactic, claiming false cases were foisted against the candidates nominated by them. They started presenting these criminal candidates as social workers. In each case, they began using this generic one-liner defence without examining the merits of the case. As a result, the Supreme Court’s order was defeated,” explains Singh. 

Singh questions, “Why should politicians be given special powers? Can a charge-sheeted person become an IAS officer? Can he hold any civil services posts? Then why should politicians be given this unfair privilege which goes against the very spirit of our democracy? In this case, the change can only be brought in by the Parliament. The Election Commission has been turned into a toothless body. Only political will can bring about change”.

According to a recent report published by ADR, approximately 45 per cent of the candidates from Congress, BJP, and JD(S) who participated in the recently held Karnataka elections had criminal cases registered against them. Alarmingly, nearly 30 per cent of these candidates were accused of grave offences, including rape and murder. Professor Sastry highlights that India stands out as one of the few countries where criminals are permitted to participate freely in elections and emerge as winners.

“Look, let’s take the example of the United States. If someone has a murder or rape case, they would never even be considered for a political ticket. Such individuals would be excluded from contesting elections. However, in India, that is not the case. This poses a serious threat to our democratic process. Democracy with criminals is not a healthy democracy. It is crucial to raise awareness among the people about the issue of criminalisation of politics. They need to understand that if they vote for such individuals, they are not just harming the country but also themselves. For instance, if you are a person from an economically disadvantaged background and you vote for such candidates, your children’s education will suffer because the schools won’t be properly run. Similarly, when you need medical assistance, the hospitals will not function effectively due to the massive corruption indulged in by these criminals. You will be deprived of basic amenities and services,” notes Professor Sastry. 

According to Gopal Sankaranarayanan, a Senior Advocate of the Supreme Court of India, many politicians are well aware of the significant power and influence they hold as lawmakers. They recognise that their positions grant them the ability to not only block any laws that could hold them accountable but also to exert influence over government officials, ensuring that cases are not filed against them and that they remain protected.

“ADR surveys have shown a gradual rise in the numbers of individuals with criminal offences and charges framed against them. Currently, nearly 44 per cent of all Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) face serious criminal charges. This is a highly concerning situation. However, both the Supreme Court and the Election Commission find their hands tied in addressing this issue. The resolution lies in the existence of a political will, which unfortunately is challenging to come by,” asserts Sankaranarayanan. 

Jagdeep S Chhokar, the Founder and Trustee of ADR, expresses his concerns about the existing laws and their suitability in addressing the issue of criminalisation in politics. He highlights the exploitation of these laws by politicians who take advantage of the loopholes. He says there is an immediate need to tackle the challenge of the intertwining of criminalisation and financial power. 

“In the current political landscape, politicians and political parties often prioritise candidate selection based on their perceived “winnability.” However, this criterion solely focuses on a candidate’s ability to secure electoral victory, disregarding the means employed to achieve that victory. Unfortunately, many elections witness the use of illicit methods and unfair practices, which is a departure from the principles of genuine public service. Politics has transformed into a pursuit of power rather than a commitment to serving the public interest,” explains Chhokar.

One major concern in the realm of criminalisation of politics is the classification of political cases filed by rivals as criminal records, which raises questions about the definition and severity of a criminal record. This blurring of lines between politically motivated cases and genuine criminal offences makes it even more easier for political parties to take advantage of the loopholes in the current system. 

Political scientist Dr Sandeep Shastri sheds light on the reasons behind the increasing presence of individuals with criminal records in politics. He says that the time has come to reevaluate the definition of a criminal record. “There is an element of numbness that has got into the voters in defining and deciding whom they want to vote for, and that factor does not seem to be high on the order of their priority. This broad category of criminal records includes all types of people—even those against whom political cases filed by rivals have also been classified as a criminal record. What constitutes a criminal record in terms of the seriousness of the crime? All this must be seriously looked at. Today, voters vote keeping in mind the party label and not keeping in mind the candidate label. So, most people don’t look at the profile of a candidate, but they are looking at the profile of the political party. In my view, the combination of the above factors has led to those with criminal records being voted to the legislature,” states Shastri.

Despite repeated calls for electoral reforms and transparency in the political system, the issue of criminalisation of politics continues to plague India’s democratic landscape. The rampant nomination of candidates with criminal backgrounds not only undermines the principles of democracy but also erodes public trust in the electoral process. The lack of political will and loopholes in existing laws have allowed this alarming trend to persist. The time for comprehensive electoral reforms is long overdue, and failure to address the persistent issue of criminalisation of politics poses a grave threat to the very fabric of Indian democracy.

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