GOOD GOVERNANCE

Collective insubordination to lawful military authority is the definition of "mutiny" in Army. And the offenders can face death sentence. Outside military "Collective insubordination to lawful civilian authority" must be made a serious offence. Those who indulge in rasta roko, bandh, land encroachment, and attacking police stations etc., must be punished with at least 7yrs RI. This offence must be made cognizable and non-bailable.

 

Gandhiji used civil disobedience to overthrow the British colonialism. Gandhji was tried as per the law and was repeatedly imprisoned. Jawaharlal Nehru and others also were jailed for violating the law.

 

In free India attempting to overthrow a lawfully elected government is treason and treachery. "Road shows" are vulgar. A stringent legislation is needed. Our present politicians and Naxalites violate the law and get away with it. Their CIVIL MUTINY is to get TV and print media coverage. Police who beat a pick-pocket black and blue and parade him before the press are afraid of enforcing the law if the offenders are politicians or Naxals. Even if a politician is arrested (rarely though under public pressure) he gets bail for the asking. Bail to the rich and jail to the poor is called "equality before law" guaranteed by the constitution.

 

QUESTIONS DOUBTS AND ANSWERS 

 

1.       Military law is only when there is military rule. How can there be military law in a free society

Because we do not want military law, a separate civil law is to be made with very strict and fool proof safeguards against misuse

 

2.       How do aggrieved civilians bring their problems to public view?

Silent placard demonstration, collective letter writing, public speech at an auditorium, road side hoarding, meeting officials meeting politicians and advertisements in radio, TV and press are some of the effective ways.

 

3.       What if the rulers refuse to hear?

Judiciary can mandate a recalcitrant administration

 

4.       Are not judicial decisions delayed?

Yes

 

5.       Then what?

Judiciary needs urgent reforms. To begin with India`s population more than doubled while the strength of Supreme court and High court judges remained constant. Judges like white British bosses’ holiday during summer. Justice cannot go on a holiday in summer or winter. This must change. Civil cases can be settled by arbitration between parties. Accused and the victims in criminal cases also can settle matters outside the court. This is being done already unofficially but it can be legalized.

 

6.       What else needs to be changed?

Government employees enjoy legal immunity from prosecution when public are wronged by public servants. This immunity must be removed forthwith. Public pay taxes and service by a government office is mandatory. Public should be enabled to drag erring officials to criminal courts. It should be the duty of the public servant to show that he/she acted in good faith.

 

7.       The emphasis is on error and punishment. What about good work and rewards?

Yes, good and efficient work must be rewarded

8.       But how?

To begin with politicians are judged every five years and accepted or rejected for prestigious posts. Judiciary has self-checking as a higher court can change a lower court`s decision and that change is mandatory. That leaves the executive for change.

Executive changes if

a)       politicians are prevented from interfering in routine administrative matters 

b)      If lateral entry system for every post is introduced (which incidentally helps young blood to get into hierarchy at every stage) 

c)       If performance is objectively assessed and 

d)      If supervised by an independent authority other than the seniors in the same department.

Ex: A police superintendent needs supervision of a judge not IG police. Best performers should be rewarded with quicker promotions, extra payments for merit etc.

 

9.       Should there not be a declared Agenda to improve the lot of people?

Yes.

 

10.    Like what?

An essay can`t be typed but the HEADLINES are somewhat like

a.       HEALTH and EDUCATION must be made FUNDAMENTAL RIGHTS enforceable by courts if necessary 

 

b.       All welfare measures must be used as a means to progress and not an end in themselves. So the time frame for welfare measures must be fixed.

 

c.        PROPORTIONAL REPRESENTATION IS SCIENTIFICALLY WRONG. For example reservations in institutions should not be based on census but on social and economic disadvantage. If SCAVENGERS are the MOST DISADVANTAGED, THEY SHOULD GET MAXIMUM BERTHS not 1% proportional to their population as in census. A formula must be constructed that way. Removal of proportional census based quotas and linking quotas to DISADVANTAGE INDEX is A GOOD INCENTIVE FOR SMALL FAMILIES IN ALL CASTES AND RELIGIONS 

 

d.       Political, administrative and judicial powers must be decentralized up to village levels.  Like a village administrator an elected chief can impose a fine of Rs.10 or imprisonment for one day or so.

 

e.       Civil cases must also be settled officially outside the courts by elected magistrates at all levels in specified cases like marital disharmony, inheritance of property, adoption, or similar issues.

 

f.         Political parties should not have a single interest like caste, religion or region. They should be recognized only if they have a national agenda and holistic policy

 

g.       Prime Minister of the country or Chief Minister of a state must be without any portfolio. And

 

h.       Holistic approach to administration must be followed instead of treating each social and political issue as individual entities.

 

i.         Ruralization of cities is a novel but needed concept. Hitherto we urbanized villages beyond any excuse just for artificially inflating urban land values. Ruralizing towns begins with “a tree in every house” and ends at total legal discontinuance of non-recyclable items.

 

j.         Development must be planned centripetally. The present system builds everything in the capital of the country, state and district and facilities come last to an area away from center .This causes exodus of people from villages to towns and to the capital. Capital becomes an unmanageable location with vice crime and values deteriorating the system. Centripetal development reverses or limits this process. Internet will be available all over the state and not just in the capital.

 

k.       Cost of all items specially the essential items must be scientifically and socially fixed. Such price fixing is the collective responsibility and duty of

i.         Producer

ii.        Transporter

iii.      wholesale trader

iv.      retailer and

i.         The consumer under public supervision.

 

l.       Speculative trading of essential items that inflates rates artificially must be prohibited.

 

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