1. Purpose of Elections
Elections every five years at State or Union levels are a measure of performance and accountability of our Legislators and the elected Executive. Election are a sacred process to set up governments to work for the people and accomplish the 'socio-economic' incumbencies of the Constitution. According to me it is the lone purpose and basic responsibility of our governments. Elections must necessarily be performance-based. Our present kind of elections negates the basic element of accountability due to the trickery of allurement and policy of appeasement practiced by political parties and candidates. Also nagging and denouncing (hate speeches) the rival parties and candidates [Section 6.5 (III)]. All this mask their own performance and worthiness and shift focus from constructive work to reliefs, dole-outs, freebies and allurements of quotas and reservations and nagging and accusing the opposite parties. Sir, these practices germinate into 'no accountability' and 'no responsibility' and encourage dubious and incapable candidates enter the politics gravely eroding the purpose of setting up of governments.
When nagging and accusing each other becomes a political pastime, "incumbencies" walk out of the door and national interests become inconsequential
Sir, conducting elections is a matter of the Constitution and its implementation falls within the purview of the learned Judiciary. Time comes to change our archaic 'due procedure' and make elections purposeful and effective. The learned Judiciary may direct the Law Commission, National Human Rights Commission (NHRC) and the Election Commission (EC) to define the basic disciplines necessary for the contesting parties and candidates commensurate with the basic objectives of the Constitution. The election disciplines must establish a mechanism to make elections purposeful and the governments so formed sensitive to human sufferings and capable to accomplishing the basic objectives of the Constitution vis - a - vis purpose of our struggle for freedom. Election Commission taking opinion from the Legislature in matters of freebies (Jan 2014), dilutes the sanctity and purpose of elections.
Friends, it must be mandatory for all political parties and candidates to state their active developmental plans (verbally and through their manifestoes) for;
i)Creating means and avenues for self determination of the people to alleviating their miseries naturally, and
ii)Their road maps to accomplishing the Socio-economic incumbencies of the Constitution in true letter and spirit.
Other than this there is no purpose of a manifesto verbal or written. Sir, it is essential for a party or candidate to understand the responsibilities of a Legislature. Presently no one likes to talk about the 'socio-economic' objectives of the Constitution as if they are non-existent or have no relevance. In reality our Constitution is forgotten and the time comes to implement the same.
2. To ensure elections by majority of votes
The present lacunae in our election process are discussed in Section 6.4.1 III (ii). Sir, the present lure of Politics with little educational attainments and 'no accountability' and 'no responsibility' attract many contestants from a constituency. As a result number of political parties and contestants is getting larger by the day and one may get elected by securing just 10-20% votes of their Constituency as documented by the Election Commission. This surely is not a mandate of the people and therefore not legal. A candidate must secure at least 51% votes of his constituency irrespective of the number of contestants, or votes polled to have a legal mandate and make him eligible to make statutes and laws.
Friends, I pray the learned Judiciary to direct the Election Commission to adapt a two round system as adopted by some countries. It shall also help in weeding out the dubious characters entering the Politics.
Now is the turn of the learned Judiciary to Salvage India
Under Articles 13 & 32 (parts III and IV) of the Constitution, by Establishing responsible and accountable system of governances at the Union and the States. Governments that are sensitive to human sufferings and capable to fulfilling the basic objectives of the Constitution in letter and spirit.
The learned Judiciary is the Custodian of the Constitution, to fulfil the Basic Objectives of the Constitution
In the face of gradually dwindling socio-economic state of the nation and acutely debilitated and perennially impoverished state of our large populace as narrated through the book, let us pray the learned Judiciary to take cognizance of the situation and salvage the debilitated state of the nation and the perennially suffering masses by redressing the wrongs being committed by our governing guardians (Legislature and Executive) in the post-independence era of 72 years; so that the "basic objectives" of our Constitution in terms of (Part III and IV)* are accomplished in "letter and spirit" and a happy and prosperous nation is established for the present and the posterity.
*Our Basic Objectives or Basic Laws; (parts III and IV)
|Economic Freedom||- (by natural means for living) no charity, relief, mid-day meal or Mgnrega|
|Equal Status and opportunity||- no reservation or quota|
|Liberty and Dignity and||- respectable life|
|Fraternity||-love and brotherhood amongst all|
It is obligatory on part of the governments and the Judiciary to interpret the Constitution keeping
the "Nation", "Basic Law" and the "Law of Humanity" above all other considerations.
The Judiciary plays the role of a watchdog over the Executive's actions and ensures that the government
functions for the welfare of the society. - K.G. Balakrishnan, former CJI.
Dear Countrymen; Let us all join hands and make judiciary wake up to the highly regressive state of the country and the pathetic plight of our large populace and implement the forgotten Constitution.
The present Prayer to the learned Judiciary is an humble attempt to find a good mother capable of addressing these maladies in true earnest and take the gravely suffering people of India in her caring shelter. For details see ''India in Chaos, Only the Judiciary can save us'.
ONLY THE JUDICIARY CAN SALVAGE INDIA LET THIS OPPORTUNITY NOT SLIP OUT OF OUR HANDS
To Make Elections Purposeful And Performance Based
To ensure the welfare of the people it is essential to make the elections purposeful and performance based "banishing all kinds of allurements to the voters" and the "hate speeches" by the political parties and the contestants.
we do not conduct elections for draining out the national wealth by way of distributing freebies and concessions or criminally misusing the ill-gotten wealth amassed by the political parties and contestants for influencing elections or luring the voters. Huge cash confiscated by the police make regular headlines in every election.
Distributing freebies or promising concessions and gratis is no "Heroism" neither a measure of our politicians' outstanding capabilities. Such gimmicks can be performed even by the ordinary common man.
As per Article 13 of the Constitution, all Acts under RP Act necessarily must be meant for the wellbeing of the 'People' and progress of the 'Nation'!
Any Act under RP Act is ultra vires if it defies or undermines this basic philosophy or the 'basic law' of the Constitution directly or indirectly.
Promising freebies is an abuse to just and fair elections and negates the purpose and sanctity of elections. It prompts rival parties also to follow suit and offer better lucratives than their rivals.
RP Act* cannot override the basic law which is inviolable in terms of liberty; dignity and fulfilment of fundamental and socio-economic rights of the people under Part III and IV of the Constitution, nor can empower the Legislature to defy the basic law (Article 13 of the Constitution). "Nation" and "People" are always paramount, no matter under what law or Act a matter may fall. ?
In the guise of RP Act Legislature cannot fulfil these fundamental incumbencies through vicious dole-outs and other reliefs and push the country to tatters and people to utter poverty, illiteracy and backwardness.
Misuse of RP Act in this manner is a criminal act and flagrant defiance of Article 13 and sanctity and reverence of the Constitution in terms of Part III and IV.
*The RP or Representation of People Act, 1951
It is an act of Parliament of India to provide for the conduct of elections of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections. [httpsen.wikipedia.orgwikiRepresentation_of_the_People_Act_(India)].
All kinds of allurements, cajoling, freebies or lip service to the voters or accusing and nagging the opposite parties and candidates make elections non-performing and purposeless and encourage incapable and dubious characters enter the politics. Accordingly, all regressive, partisan, parasitic (such as freebies) and fratricidal practices adopted by political parties and candidates during elections (such as nagging and accusing each other) must be banished forthwith.
To have a unified and strong India it is essential that all divisive forces and fratricidal acts are banished with the rule of law.
MAJORITY OF VOTES MUST BE DETERMINED BY MINIMUM 51% VOTES OF THE CONTITUENCY:
The present lure of Politics with “little educational attainments”, “no accountability” and “no responsibility” attracts many contestants from a constituency. As a result, number of political parties and contestants is getting larger by the day and one may get elected by securing just 10-20% votes of his constituency. The present process of elections therefore encourages dubious characters entering politics.
Learned Judiciary may therefore direct the Legislature/Election Commission to adapt a two-round system or any such mechanism that can ensure mandate of the people (i.e. minimum 51% votes of a constituency) to make elections legal. It shall also weed out dubious characters entering the politics. For more please refer the book.
Defining Qualifications of our Legislators (Articles 84 and 173)
The present provision of the Constitution regarding qualification is barely an eligibility to contest elections. It is no measure of “qualification”. Governing a nation of 137 cr (by 2019) is a huge task and demands guardians of knowledge, wisdom and foresight. Qualification necessarily means educational and professional skills necessary to run a nation (Section 6.4 V of the book (p. 169)).
To Prescribe Responsibility and Accountability to the Civil Executives: (Articles: 311)
The Judiciary has already interpreted Article 37 as fundamental and inalienable in the governance of the country as illustrated in Section 7.1(4) (p.258), Article 311 calls for similar interpretation by the learned Judiciary to make it responsible, efficacious and accountable.