India in Shambles, Only the Judiciary can save us- Book Review

8 03 2014

8 03 2014

India in Shambles, Only the Judiciary can save us- Book Review
March08, 2014

Developed societies and developed minds own and deserve developed
countries. India was always in Shambles for ages due to discriminatory
and caste based society. There is no integration of Indian Society and
Economy – we all think in different directions. This reviewer has just
launched ‘Sabka Bharat Mission 2019’ (Annexure – II) to achieve
societal and economic Integration of India with development program.

The book ‘India in Shambles, Only the Judiciary can save us’ by KC
Agarwal is in itself in Shambles. Not a single page in the book
reflects developed and matured thoughts. This reviewer knows KC
Agarwal, author of the book for 5-6 years. Introductions to chapters
of ‘India in Shambles’ from his website is annexed here. All chapters
reflect very low level of understanding of real situation.

Knowledge is built brick by brick step by step and to write about a
Society one must be interacting with society on day to basis and
problems of India are to be addressed one by one and India needs to
organize 1250 million brains with many billion problems are to be
addressed & managed in an organized and systematic manner applying
right technologies.

It is true all four pillars of Indian Republic can individually
address most of our problems but they all are very weak and
incompetent. Press, Judiciary, Executive and Legislature are all very
weak and immature.

How can we consider our judiciary strong when it can’t improve
‘Consumer Courts for Example which comes directly under their domain
at lowest level’? Other than constitution judges know little else or
pretend to know little else – it is petitioners and professional
pleaders we call advocates who guide them through the case who seek
and procure court orders for their clients which could government or
non government.

This is weakness of our judiciary which KC Agarwal didn’t experience
so far. For example Riots in Gujarat or UP were broadcast in real time
but Supreme Court was silent until some petition was moved.
Occasionally judges do take suo moto actions which are just initiation
of investigation but orders follow only on the basis of evidence.

SY Quraishi former CEC, the Chief Guest disappointed pressmen by first
claiming Conducting Elections and Counting of votes is the Ultimate
Level of Governance but did nothing to first keep out incompetent and
criminals from contesting elections, second failed to make Party
Politics Transparent and third refused to make registered political
parties release their ‘Election Manifestos & Party Constitution
Public’ say six months in advance.

EC had failed to act on petitions directly or indirectly to make
‘Party Politics Transparent & Election Manifestos & Party Constitution
Public’.

But things had progressed in Backward Direction – Topics of Contest in
this Election are Sardar Patel or who organized more riots or who is
more corrupt etc.

Indian Governors, All Ministers, Judges, Civil Servants of Secretary
Level do not present their ‘Credentials to Superior Appointing
Authority’ this lets in Incompetent and corrupt assume important
positions in government. This alone shall clean up 90% of our
constitutional authorities & functionaries.

Few good lines in book are per capita income of small farmers or labor
is Rs.5000 and Rs.6000 which is $90 to $100 annually for over 70%
population is highlight of the book. But chapter on Distribution of
Wealth is weak – Black money is generated due to leakages in tax
collections (72%), middlemen not adding value and failure of banks to
serve people of India, depend on moneylenders. Indians have
practically no equity in listed companies and no share in natural
resources otherwise minimum income of Indians would have been over
Rs.20,000 per capita which is well above poverty line. India can be
free from Chronic Poverty & Hunger June2014.

Unless Indian Politics is Honest & Issue Based there can be no progress.

Ravinder Singh
Progressindia008@yahoo.com

http://www.indiainshambles.com/index.html
AUTHOR’s MESSAGE TO THE COUNTRYMEN

An attempt to making India prosperous, through a responsible and
accountable system of governance.

The highly regressive and continually deteriorating plight of our
large populace is no secret. More than 100 crore of India’s population
exists under highly impoverished and wretched conditions. Forty
percent of our country is infected with Maoism, Naxalism, Terrorism
and Seditious activism. Demands for divisions and freedom of States
are echoing from many quarters of the country and can be heard aloud.

People from all walks of lives are disgruntled and frustrated. A state
of anarchy can be felt in all walks of life and a rebellion in the
making. Protests and agitations are now a regular feature of our
country. Consistent failures of our Legislature and Executive are no
more acceptable. The  basic objectives of our Constitution viz.,
‘economic freedom’, ‘dignity’, ‘equal status and opportunity’ and
‘fraternity’ must now be fulfilled whatever the price!  This can be
accomplished only by a responsible and accountable system of
governance. I have concluded that only our learned Judiciary can help
us establish such governance as researched extensively and presented
through the book. The philosophy behind this belief is that;

- The Constitution is above the Parliament and

-        Judiciary is its Custodian,

-        Judiciary is empowered to oversee that the Constitution is
being practiced in its true letter and spirit by the Legislature and
the Executive and direct them to banish all acts that violate, defy or
undermine these objectives.

Fulfilling the Basic Objectives of the Constitution is the ardent
incumbency of our Legislature and Executive. People of India are
looking fondly at the learned Judiciary as their only hope to make it
happen.

Part II of the book narrates how can we still place our country
amongst the most prosperous and powerful nations in the world through
a responsible and accountable system of governance.

A RARE RESEARCH PRESENTATION

K.C. Agrawal

Part (I)

Theme of the Mission : Finding a good mother

The book is in two parts

Diagnosis to Cure

This part of the book is an attempt to diagnose the maladies ailing
our nation and to determine their tangible cures. It has culminated
into establishing a Responsible and Accountable System of governance
that shall be capable of fulfilling the basic objectives of the
Constitution viz.:

- Economic Freedom
- Dignity and liberty
- Equality of Status and Opportunity and
- Fraternity

All these Basic Objectives that were also the purpose of our struggle
for freedom remain grossly unaccomplished after 66 years of our
independence. All this due to utter disregard of the Constitution by
our guardians (Legislature & Executive).

Purpose of our struggle for freedom

In the year 1935 the British government promulgated a Government of
India Act 1935 to extend Indian nationals an opportunity to
participate in the British Government. According to this Act the first
Provincial elections were conducted in the year 1937 (what we call
States now were called Provinces then). After the Provincial elections
a central committee meeting was called by the elected members (mostly
from the Indian National Congress of Nehru and Muslim League of
Jinnah) to determine the purpose of struggle for freedom. The meeting
was presided over by Jawaharlal Nehru.

It was pledged that the only purpose of struggle for freedom is to
banish from India the evils which beset her – poverty, misery, and
disease.

To our great dismay and sorrows all these objectives have been grossly
flouted, abused and undermined by our guardians post independence as
described below.

BLATANT FAILURES OF OUR STRUGGLE FOR FREEDOM

1. Economic freedom:

Instead, our guardians have pushed our people to consistent economic
slavery. So much so they are now obliged to feed more than 80 cr
famished people of our country through MGNREGA, Mid-day meals, loan
waivers, food subsidy and Food Security Bill etc., besides many more
freebies and charities.

[Yet it does not provide them clothing and shelter and they still lead
an animal kind of life in our free democracy after 66 years of our
independence.]

Not by charity, not by dole-outs which are human rights violations and
abuse of Article 21; our people must be able, at the very least, to
feed themselves naturally and with dignity.

2. Dignity and Liberty:

Under these horrendous living conditions dignity and liberty for our
people is meaningless and have long become an Oxymoron. Without
dignity there can be no social justice.

3. Equal status and opportunity too are grossly flouted:

(i) In the name of equal status there is a great divide between the
rich and the poor.

The elite shine while the poor whine! The disparity is shockingly
abusive of the philosophy of the Preamble of our Constitution and of
Article 38

(ii) In the name of equal opportunity there are consistent quotas and
reservations in education and employments.

4. Fraternity:

The fraternity too is withering and abused. The nation stands divided
on lines of caste, creed, region, religion and rich and poor.

Forty percent of our country is infected with Maoism, Naxalism,
terrorism and seditious activism. Demands for the division and freedom
of states are echoing from many quarters and can be clearly heard.

None of the objectives of our Constitution or the purpose of our
struggle for freedom is fulfilled by our guardians.

Author is pained to state that; The people of India are hoodwinked and
grossly cheated by our own guardians.

OUR CONSTITUTION

Chapter IV of the Constitution, Directive Principles of State Policy (DPSP):

It contains two Articles viz.; 37 and 38. Art 38 relates to
socio-economic requirements which are nearly the same as the basic
objectives noted above. Art 37 says that Ch IV will be fundamental in
the governance of the country and Legislature shall endeavor their
utmost to accomplish the socio-economic incumbencies of the
Constitution in as short a period as possible. But if the Legislature
fails to accomplish the same, the same shall not be justiciable in the
court of law.

This provision of the Constitution extends our Legislature large scale
laxity and impunity with no responsibility and accountability and the
same work culture has permeated down the line. The present ramshackled
and debilitated state of the country is a direct and conspicuous
culmination of such incongruous and impunitive provisions of the
Constitution.

Economic slavery’ is abuse to ‘Liberty’ and ‘Dignity’ and flouts
Article 21 which is a fundamental requirement of our Constitution
under Chapter III.

For other shortcomings of the Constitution see the book

These shortcomings were known to Dr Ambedkar, Chairman of the
Constituent Assembly and he carried a guilt in his heart. He painfully
admitted his guilt in the Parliament on 2/9/ 1953 and said,

“‘Sir, people keep on asking me, ‘so you are the framer of the
Constitution’? Sir, I would say that I am only a hack. What I have
done is much against my own wishes. Given a chance I shall be the
first one to burn this document as it shall do no good to any one’ “:
Dr. Ambedkar

This is a dreadful and frightening statement by the Chairman of the
Constituent Assembly. For whatever Dr Ambedkar tried to hint by his
untrammeled statement, it was for sure that our country was destined
to doom! And the inevitable has long happened!? The rising level of
poverty and anarchy, consistent shortage of water and electricity,
creaking infrastructure and lack of job opportunity, galloping
inflation and dwindling value of the rupee present a nightmarish
scenario of our nation that haunts the common man.

It is possible for provisions of a written Constitution of government
to be “unconstitutional” if they are inconsistent with the
constitutions of nature or society. It is not ratification alone that
makes a written Constitution of government legitimate, but that it
must also be competently designed and applied. – Brownson

INCAPABLE AND MALEVOLENT GOVERNANCE

We now realise that our guardians are not capable of taking care of
the affairs of the country. Wisdom demands corrective steps to set all
wrongs right and pull the nation out of wails and put on rails. And
behold! It is possible! We just need a responsible and accountable
system of governance and a steadfast Judiciary to play a conscientious
guardian to nip the Legislature’s and Executive’s Constitutional
violations right in the bud.

[When nagging and accusing each other becomes a political pastime,
"incumbencies" walk out of the door and national interests become
inconsequential!]

The prosperity of the nation has long been shown the door. With the
passage of time the leadership has assumed parasitic approach and
perversive tendencies in their thoughts and deeds. Many of them are
dishonest to their duties, insincere to their responsibilities, and
unconcerned about the nation. Daily scams, frauds, crimes and an
out-of-control law and order situation rule the roost while our
guardians sit snug like the pigs in the shit.

[“Our guardians’ greed is the nation’s shame. Today everybody in the
system is saleable.” Supreme Court, November 2003.]

ONLY THE JUDICIARY CAN SAVE US

Our learned Judiciary can help us find that mother because;

•  The Constitution is above the Parliament.

•  And Judiciary is the custodian of the Constitution.

•  And empowered by the Constitution to direct the Legislature and
Executive to set their acts right if they were not in the spirit of
the Constitution or were not directed to fulfill the

Basic Objectives of the Constitution or the purpose of our struggle
for freedom as noted above.

THE SILVER LINING IN THE DARK CLOUDS

• The learned Judiciary have themselves propounded In context with
Article 37 of Chapter IV

- Directive Principles of State Policy (DPSP) that what is fundamental
in the governance of the country cannot be less important than the
Fundamental Rights of the people.

• DPSP is therefore equally justiciable like the Fundamental Rights
under chapter III of the Constitution are.

• Accordingly Chapters IV on economic and social rights (Basic
Objectives) is equally justiciable like the Chapter III on fundamental
rights is. And it is incumbent on part of the government to fulfill
the same in their entirety.

• But all our Basic Objectives remain grossly abused and
unaccomplished in the past 66 years due to our Legislatures’ and
Executives’ self seeking overtures and laxity with no responsibility
and accountability.

• Our guardians have thus blatantly abused, flouted and undermined
these objectives, pushing the nation and the people to the present
wretched state, a state of total shambles.

• The present state of our country is highly vulnerable and
debilitated and is a conspicuous reflection of consistent apathy,
malevolence and failures of our Legislatures and Executives. Since our
present system of governance is incapable and self seeking no cosmetic
treatment can set them right.

• I therefore propound for establishing a responsible and accountable
system of governance which is knowledgeable, sincere and sensitive to
the sufferings of the people and capable of addressing the maladies of
the nation in real terms.

ESTABLISHING A RESPONSIBLE AND ACCOUNTABLE SYSTEM OF GOVERNANCE

It can be done with the help of the learned Judiciary in association
with the NHRC (National Human Rights Commission) and the EC (Election
Commission) within the framework of the Constitution.

Our Judiciary is a highly knowledgeable, capable and prudent body. It
can surely set all wrongs right and salvage our regressive and
mournful state. Why it has chosen not to do so may surprise us. Since
the Judiciary is the custodian of the Constitution, it cannot be
construed as its over-reach. In this context the following
Constitutional provisions are relevant:

(i) “If the fundamental rights of the individual are left to the
tender mercies of the government of the day, they cannot be called
fundamental rights at all” and further that ”these and other rights
must be carefully watched and for this purpose the Supreme Court has
been vested with the supreme ultimate, jurisdiction.” – M.
Ananthasayanam Ayyangar, member of Constituent Assembly and Speaker of
the first Lok Sabha.

(ii) That the basic function of the Judiciary is to protect the rights
of the people and all its actions must be directed to further this
responsibility. – K.G. Balakrishnan, Former Chief Justice of India.

(iii) The Judiciary plays the role of a watchdog over the Executive’s
actions and ensures that the government functions for the welfare of
society. – K.G. Balakrishnan, Former CJI.

(iv) Judicial power also includes the power to take corrective action
whenever other government branches fail in their duty to respect the
rights of the citizens and protect them. – K.G. Balakrishnan, Former
CJI.

TO ELECT WORTHY GUARDIANS

1. BY CONDUCTING FAIR AND JUST ELECTIONS

Any kind allurement, cajoling or lip service makes elections unfair
and unjust. Reliefs and freebies are extended under compelling
circumstances to overcome peoples’ acute hardships. These are only
temporary crutches and can neither be promoted in election campaigns
nor taken advantage of in luring the voters. Luring the voters defeats
this requirement. These tactics seem to be considered legal by the
controlling and monitoring agencies like Human Rights Commission (HRC)
and the Election Commission (EC), basic law, (the Constitution) having
long taken a back seat.

Elections every five years at State or Union level is a measure of
performance and accountability of our Legislature and elected
Executive. Election is a sacred process to set up governments to work
for the people and carry out development of the nation. It must
necessarily be performance-based. But our kind of elections negates
the basic element of accountability due to the trickery of allurement
and appeasement practised by political parties and candidates without
any impediment. It masks their performance and shifts the focus from
constructive work to reliefs, dole-outs and allurements of quotas and
reservations, or to accusing the rival parties and candidates for
projecting themselves superior over the others.

Rebellion

All such acts encourage incapable and dubious characters enter the politics.

This practice is obnoxious and unbecoming and amounts to cheating the
voters. Sixty-six years of rudderless journey has pushed the nation to
utter shambles and people to stark poverty, illiteracy and misery.

Just and fair elections should take account of the actual
developmental work done by the parties and candidates during their
previous tenure and their future plans to pull out the nation from its
sombre state to a prosperous future, accomplishing the basic
objectives of the Constitution and empowering the people to live with
dignity and happiness.

Any kind of suppression may erupt in rebellion even terrorism. Passive
attitude of our guardians towards the large suffering masses too has a
bearing on the mindset of our people and can lead to rebellion.

Lack of development leads to lack of job opportunities, lack of means
for living, and an uncertainty for tomorrow.

Poverty leads to deprivation and frustration. This leads to
retaliation and then to revolt.
Extremism or fundamentalism is a sort of retaliation and rebellion.

Everybody is born innocent and likes to work hard for his living.

Citations

(i) When a society undergoes perpetual economic regression, the people
undergo unbearable sufferings. If their guardians are responsible for
their woes, they (the people) may demand a change of guardians. In the
case of the French and Russian revolutions too, the people faced acute
poverty, illiteracy, insurmountable miseries, social neglect, and
deprivation. When it became unbearable, they revolted. In the French
Revolution (1789–99) the Bourbon monarch, and in the Russian
Revolution (1917) the Tsar, were assassinated and their monarchies
overthrown. Deprivation and lack of means can make a person beastly.

(ii) In the recent years (2011-2013) we witnessed the uprising and
civil wars in Egypt and Syria on issues like lack of free elections
and socio-economic regression, etc.

Part II of the book
Building the Nation

Guidelines and Roadmaps for transforming India and placing it amongst
the most prosperous and powerful nations in the world

How can we do?

In this part I have attempted to provide a brief philosophy to
overcome the perennial regression that has besieged our nation and
place it amongst the most prosperous and powerful nations in the
world. And behold! It can be done. The people of India deserve to be
extended an opportunity, through a responsible and accountable system
of governance, to make it happen. To emancipate our people from the
shackles of their centuries-old miseries and woes, I propose to begin
as under:

• Guarantee jobs to 100 percent workable hands within two to three
years, not by way of charity or gratis, but by doing actual creative
and developmental works, noted in Chapters 8.1–8.10.

• Make optimum use of our talent and expertise and the mammoth human
resource available with us.

• Make judicious use of our natural and non-renewable resources.

• Optimise our Primary (agriculture), Secondary (industries) and
Tertiary (mainly tourism) sectors.

• Exercise population control and bring it down to the level of about
80 crore (Chapter 8.4).

• Remove the illiteracy, ignorance and backwardness of our people by
creating a proper education system (Chapter 8.5 and Section 8.3.1.
II).

• Rehabilitate the old, the disabled and destitute, and gradually
eradicate disabilities and destitution for all time (Section 8.3.1).

• Motivate people to work for the nation and care for their
fellow-beings (Section 8.5.1).

• Practice water management (Chapter 8.6).

• Get fully prepared for disaster management (Chapter 8.7).

• Optimise power generation (Chapter 8.8).

• Improve the environment (Chapter 8.9).

• Put emphasis on IT (information technology) and R&D (research and
development) (Chapter 8.10).

This part of the book explains briefly how the above can actually be
achieved. These are just rudimentary guidelines. Detailing for
execution shall be done by the experts in the field.

ANNEXURE – II

Sabka Bharat Mission 2019 ©

[National Mission To Free India of Poverty, Hunger, Exploitation,
Middlemen, Indians Empowered With Education, Wealth, Own Homes With
Civic Amenities, 200,000 MW of Multipurpose Hydro Power, Nuclear
Power, Flood Protection, Irrigation, Clean Rivers, Efficient
Transport, & $Trillion High-Tech Industry, For Peace, Unity
Prosperity, South Asia & World Leader.]

March06, 2014

Sabka Bharat Mission shall bring Swarg in the lives of All Indians –
No Poor, Hungry, Uneducated, Unemployed & Homeless by 2019.

Sabka Bharat Mission shall triple tax collection efficiency from 17.7%
to over 50% Rs.55,00,000 crores at March2014 level of GDP.

Sabka Bharat Mission shall provide FREE Healthcare, Education, 90%
Contribution to WIPO Grade Intellectual Property, Subsidized Transport
to Unemployed Students and Senior Citizens.

Sabka Bharat Mission enough tax collection to Double-Triple All Main
Lines and Double Speed and Triple to Quadruple Passengers & Goods
Traffic.

Sabka Bharat Mission of Sabka Bharat Party provide Rs. 150,00,000
crore Bank Credit, 10 Times more to Farmers, MSMEs, Personal Loans.

Sabka Bharat Mission GDP shall exceed $5000 Per Capita and minimum
Pension to Poor shall be $1000 annually.

Sabka Bharat Mission shall take up 200,000 MW Multipurpose Hydro Power
Projects for Power, Flood Control & 500 BCM water supply. Commission
100,000 MW Solar Power, Initiate Program to 100,000 MW Of Nuclear
Power,

Sabka Bharat Mission of Sabka Bharat Party shall create 20 Crore jobs
– 10 crore in food processing alone, 50% or more food shall be
processed.

Sabka Bharat Mission shall build Homes, Factories, Highways, Dams,
Hospitals, Offices, Bridges, Railway Lines, Public Transport in 6
months to 2 years.

Sabka Bharat Mission shall provide Efficient Water Supply Sewage,
Electricity including Roof Top Solar, Telecom & Wire Line Indigenous
Broad to Access Phone, Internet, IPTV for 10 Devises in homes.

Sabka Bharat Mission India’s Industrial Production Shall Be 10 Times
More with above Programs.

Ravinder Singh, National General Secretary.
Sabka Bharat Mission 2019
Y-77, Hauz Khas, New Delhi -110016
Ph: 9650421857, 9718280435
Sabkabharatmission2019@gmail.com

- : FUNDS REQUIRED & IMPLEMENTATION : -

There are Inefficiencies in Indian Economy that had hindered
Development of India and Swag Bharat Mission 2019 shall overcome these
deficiencies and Technologies & Innovative Projects and Food
Processing were absent from VISION 2025 or other such lame duck
programs. Development Expenditure was not more than $500b and GDP
growth was barely $120b or less FY2014. Financial Resources required
shall achieve Sabka Bharat Mission 2019 within time frame except some
long term projects like Nuclear Power, Some Big Dams.

1.  India’s Tax Rate is 63.3% but Collection is barely 17.7%, Gujarat
just 11.3%. So tax collection shall TRIPLE to Rs.50,00,000 crores
annually through efficient collection.

2.  Indians have practically No Equity in Public Companies – Minimum
25% SEBI order shall be implemented. Revive public investments in
Stock Markets.

3.  Indians shall have Share in Natural Resources, 2 & 3 shall
substantially boost their income – particularly the poorest, farmers &
labor.

4.  India currently have Rs.200,00,000 crores in Deposits, Cash, Gold,
with NRIs etc. but Budgets of Center & States is barely Rs.20,00,000
crores and development budget is not even Rs.10,00,000 crores.

5.  Elimination of Middlemen-Moneylenders alone shall DOUBLE Purchasing power.

6.  Protecting & Funding INTELLECTUAL Property shall create $1
Trillion IPR Wealth, Boost Industrial Development, Boost Exports,
Manufacturing could exceed $1 Trillion and with Foreign Investments
Exports too could reach $1 Trillion a year. Companies shall invest 2%
of revenues on R&D.

7.  Agriculture & Food processing shall create $1 Trillion GDP
contribution – Supply of Cheaper Clean Hygienic Nutritious Food shall
eliminate Hunger & Malnutrition.

8.  20 Crore Real Jobs creation – 10 crores in Agriculture, plus
Construction, Industries & Services.

9.  INNOVATIVE PROJECTS shall be most Efficient, Viable and Rapidly Executed.

    Doubling or Tripling of existing Single or Double mainlines shall be
rapidly implanted with electrification. Railway System is the most
efficient inland transport doubling speed and triple productivity
reduce operational cost.

    Multipurpose 200,000 MW Hydro Power projects shall be executed
Speedily for Power Generation, Flood Control & BLUE Water Supply &
Irrigation. All Water Courses shall be lines or piped, 100% Water
Supply & Sanitation provided.

    100,000 MW of Rooftop Solar Power, Water Heating etc shall provide
cheap peaking power to Homes, Offices, Businesses and Industries.

10.  Credit to Farmers, MSMEs, Public shall up TEN FOLD to Rs.150,00,000 crores.

11.  Education standards shall be World Class – Companies shall
provide a part of Professional Education, i.e A Year of Four years
Engineering Courses in factories.

12.  Foreign Collaborations & Investment in Manufacturing,
Infrastructure, R&D, Import Substitution & Exports are Critical.