Monday, April 11, 2011

Reply: [rti4empowerment] Reply: - Why President & Governors of State & Judges excluded? DRAFT COPY OF LOK PAL BILL V2.1

Dear Dr Sharma,
 
In this worls we live in most of the families are patrilineal. I do agree Kisan Bapat Baburao Hazare, fondly Anna Hazare has pioneered & lead what was a simmering  desire in most of well meaning citizens of India. However, It is time to realize that the government in Democracy is  different from that in a monarchy or autocracy.
 
Please read the following.
 
 
1.    The cardinal principle in Jurisprudence is:
 
Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for "ignorance of the law does not excuse" or "ignorance of the law excuses no one") is an universal legal principle/doctrine holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content. However, Ignorentia facti, excusat meaning, ignorance of fact is excusable in jurisprudence.
 
This connotes that not only this Doctrine exists as a deterrent for offenders of law from pleading not guilty owing to not having the knowledge of law that an act or omission is an offence, but also that it lays impetus that everyone should know law.
 
2.    Preface of The Constitution of India declares that:-
Constitution is a living document, an instrument which makes the government system work. Its flexibility lies in its amendments.
3.    The Constitution of India, in its Preamble, states, "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.
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.
 
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.
Regards,
WEDS

From: Dr. Jagnarain Sharma <dr.jagnarainsharma@gmail.com>
To: rti4empowerment@googlegroups.com
Cc: "info@annahazare.org" <info@annahazare.org>; "annahazare@hotmail.com" <annahazare@hotmail.com>; "lesals@gmail.com" <lesals@gmail.com>
Sent: Tuesday, 12 April 2011, 0:54
Subject: Re: [rti4empowerment] Reply: - Why President & Governors of State & Judges excluded? DRAFT COPY OF LOK PAL BILL V2.1

Dear D'Souza
          No one be left out and be covered under Jan Lokpal Bill
            It is Anna Hazare, who has to see to it.
Regards
Dr JN Sharma

On 4/11/11, DSouza Wilberious Evanglist <wilevades@yahoo.co.uk> wrote:
> Dear All,
>
> Why President of India, Governors of State & Judges of Court are excluded?
> Most of corruption is in judiciary. Why Judges accountability bill is in
> limbo?
>
> WEDS
>
> WEDS


No comments:

Post a Comment

Note: Only a member of this blog may post a comment.