1. "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a 1[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the 2[unity and integrity of the Nation];
IN OUR CONSTITUENT ASSEMBLY this twentysixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Note that what is in bold letters. One would observe;
3. The Government is formed in a Democracy by the Elected Representatives of People having support of majority of like political ideology holders, for in a Democracy all the people cannot rule all the people; hence, this system.
Sovereign stands for Supreme or highest in power; superior to all others.
Socialist stands for common ownership. This means the resources of the world being owned in common by the entire global population.
Secular stands for not controlled by a religious body or concerned with religious or spiritual matters.
Democratic stands for with equal participation by all; characterized by free and equal participation in government or in the decision-making processes of an organization or group or country.
Republic stands for a political system or form of government in which people elect representatives to exercise power for them.
4. The body of elected representatives is known as the Parliament (Meaning platform to speak) for the people; as all the people cannot speak for all the people. "Parlare" meaning to speak.
5. The Parliament consists of two houses a. The House of People b. Council of states.
6. The House of People consists of directly elected representatives by the People.
7. The Council of states consists of secondary representatives of people i.e. representatives of representatives of people.
a. Political party system is accepted into Democracy, as numerous independently elected representatives of the people would create confusion by difference of opinions which shall hamper the process of establishment of popular elected Government of The People of India. Hence, a political party or combination of number of political parties whose candidates have been elected by majority of people & have a broad consensus on manner in which they propose to govern, their policies for governance determine their remaining together with majority of elected representatives of people being together, is accepted in Democracy.
8. Parliament enacts laws which are construed & deemed as De Facto reflect the will of People as they are enacted with the consent of majority of elected representatives of people. Although, nowhere in the Constitution of India it is expressly stated, it can be inferred, if an enactment seeks to withdraw, abrogate & diminish the inherent rights of people, in a democracy, people have the right to express their dissent to the parliament by a memorandum & indicate the need to change or modify that enactment. If by chance if the dissenters are in majority, Parliament is bound to change it. This can be inferred by understanding the power of people in a democracy. Although has not yet happened, it is an inalienable right of people! Although, the constituent power of Parliament provides it the mandate to amend the Constitution by Art. 368 of it, such amendments should not in any manner abrogate the inherent, inalienable, axiomatic, fundamental those are essential identities of a Democracy. This aspect has never been delved into in 63 years of independent India!
9. From the contents of the Preamble of The Constitution of India & other aspects deducted therefrom, one would agree that the People of India have installed the Constitution of India & the Government therewithin for themselves & to govern them. Hence, in Democracy, the Government is defined as A GOVERNMENT BY A PEOPLE; OF THE PEOPLE & FOR THE PEOPLE. People are hence Supreme & not the Government in a Democracy, as the Government is installed by the people to govern themselves. Hence, Government in a Democracy exists at the pleasure of THE PEOPLE.
10. There is also implied relation of Master & servants between the People & the Government in Indian Democracy. Hence, every Government functionary from President, Governor, Prime Minister, Cabinet of ministers to an attender at Village Panchayt as well as functionaries of judiciary including Chief Justice of Supreme Court of India & High Courts are all Public Servants. This is reiterated in section 21 of Indian Penal Code 1860, Prevention of Corruption Act 1988 & in states where there is Lokayukta, under The Lokayukta Act. This is an inherent, inalienable, axiomatic, fundamental & essential relation between People & Government in Indian Democracy.
11. What is stated above in 10 is reiterated & reaffirmed in the preface of RTI act 2005 as follows:
An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority.
Whereas the Constitution of India has established democratic Republic; And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed.
12. Hence, the Government & all its functionaries are accountable & answerable to the People of India. Hence, the People of India have a right to question the Government that they have installed within the framework of the Constitution on its acts & omissions. This is otherwise known as the Right to Information. No Government by any law, can withdraw this right & if it happens it would be SUBVERSION OF DEMOCRACY.
Lok Pal bill or Jan Lokpal Bill is an exercise in mockery. The flaw lies in the constitution of India as it does not contain any pecxuniary or penaltative provision for any functionary of state who by his/ her conduct, acts/ommissions workd to the detriment of people.
WEDS
From: Bhaskar Prabhu <mahitiadhikarmanch@gmail.com>
To:
Sent: Monday, 29 August 2011, 10:07
Subject: [rti4empowerment] Fwd: The agitation
---------- Forwarded message ----------
From:
Bhaskar Prabhu <mahitiadhikarmanch@gmail.com>Date: Mon, Aug 29, 2011 at 9:52 AM
Subject: The agitation
To: rtitrainers <
rtitrainers@googlegroups.com>
I am Posting the message received to me from Vivek Umrao Glendenning, for all to Judge.
Bhaskar Prabhu
Mahiti Adhikar Manch.
Dear Friends,
Sorry for cross posting. I am not very high intellectual like you guys. I am not highly dedicated like you guys. But I believe that maybe you have a tolerance to listen opposite side.
I am not saying anything on Anna, his works in Ralegan and his whole life. It is very controversial thus I prefer to leave it. But some important points on Anna's Janlokpal and civilian society. Please do not reply under subjective emotions, thank you.
Did Anna team discuss Jan Lokpal Bill with people of India? No they did not then who made it and why is it called as Jan Lokpal?
How was civil society formed?
How were members of civil society decided?
On breaking of Anna,s fast:
Anna started fast in August saying that PM and Judiciary must come under Lokpal. Before leaving Tihar Jail, Anna team removed Judiciary from their Jan Lokpal.
The demands by Anna to end his fast and results:
• Government take back its Lokpal
Result- Government did not take
• Prime Minister must be under Lokpal
Result- Government did not make any promise and did not add anything in the letter to Anna
• Member of Parliament must be under Lokpal
Result- Government did not make any promise and did not add anything in the letter to Anna
• Bill must be passed up to 30th August
Result- There is no time limit, it can be held for decades
• Bill must be not sent to Standing Committee
Result- Jan Lokpal Bill has been sent to Standing Committee with 4 more Lokpal Bills
• Government intervention must be minimum in appointments of Lokpal(s)
Result- Government did not make any promise and did not add anything in the letter to Anna
• The discussion on Jan Lokpal Bill must be under 184 with voting
Result- it did not happen, discussion was done under 193 without voting
I am not very intelligent to understand the reason behind Anna's fast and why did he end his fast.
I do not know why and what should I celebrate?
Regards
Vivek Umrao Glendenning
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