[Assam] Indian Politicians can be made Accountable to Public

[Rajen Barua]

Indian Politicians can be made Accountable to Public

 

On the basis of my various experiences from the system, in 1996, I started writing articles, and first such article was published by Dainink Jagran, and then I written articles on the regular basis, till 2002, I written, about 250 Articles and sent each one to about 50 Hindi Newspapers. Each article published in at least average 10 Newspapers. Rajasthan Patrika, Sanmarg from Kolkata, Aaj from UP, Dainik Jagran, Dainik Tribune from Chandigarh, Dainik Aaryavarat from Patna, Danik Milap from Hyderabad, Dainik Navbharat from M.P., and some other Newspapers published my Articles regularly. The features of the articles were based on the problems and also make suggestion to resolve them, through improving the system. I compiled my suggestions, made in articles, in a Book under the name and style of the “A Model of New Constitution for India”, and on the basis of my experiences from the then CJI Justice Ahmadi, I got registered the same from the office of Registrar of Copy Rights in India under Regn. No. ROC No. L-23522/2005 Copy Rights Act, 1957.            

 

During writing my articles I studied the history and understood that we have committed a very big mistake or crime to the People of India, by adopting British Module of Democracy, without examining its pros and cones. We, through Congress Working Committee, entered in a wrong agreement to make our Constitution on the basis of the Government of India Act, 1935. In fact, in 1942, British Government, through Crisp Mission, submitted its proposal for transfer of powers to Indians, which was however was acceptable to Jawaharlal Nehru, with certain amendments, but was refused outright by the Mahatma Gandhi -just before he given a call on 9th August, 1942, for quite India-, as because any proposal less than total freedom in the garb of the transfer of Powers was not acceptable to India. Mahatma Gandhi made it clear that British Government cannot enforce any conditionality for the governance in India, after transfer of Powers to Indians. In considerations of such mindset of the Mahatma Gandhi, in 1946, when three Members, Cabinet Mission, headed by the British Minister for India Department came to India along with one new proposal, not submitted its proposal directly to Mahatma Gandhi. An agreement was arises and emerges from such proposal, thus Interim Government headed by Shri Jawaharlal Nehru, as the prime Minister was formed. As per agreement in accordance with the said Cabinet Mission proposals, in or about July 1946, the Constituent Assembly was constituted through elections based on Religious Electoral Constituencies. On 6th December 1946, the Constituent Assembly started its function. In accordance with the Cabinet Mission proposals the Constitution of India is prepared basing upon the Government of India Act 1935. However, under the British diplomacy, division of India was declared in June 1947, though this was not the part of the Cabinet Mission proposal of 1946. This was a peculiar fact that besides its Chairman and one another Member, the third Member of the Mission was Sir Crisp, who headed Crisp Mission of 1942. The reason and objective behind his appointment was very clear that he was aware of the mindset and value of the opposition from Mahatma Gandhi. As a result the proposal of the Cabinet Mission was got approved directly from the Congress Working Committee, without prior consultation with or knowledge of Mahatma Gandhi.

 

This is an admitted fact that the major and important part of the Constitution of India is copy of the Government of India Act, 1935, under some sort of secret pre-condition of the Cabinet Mission proposal, which secret pre-condition was inserted, in Article 147 of the Constitution of India, providing that “In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or any Order in Council or Order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder.”

(Accordingly, Supreme Court and High Courts were not empowered to interprete anything beyond the scope of the interpretation of the Government of India Act, 1935, enacted by the British parliament. 

 

As per the unverified reports, in the Independence treaty signed by the Interim Government headed by Prime Minister Shri Jawaharlal Nehru and British Government, there was a condition that the British Administrative system will continue at least for 50 years. This date expires on 15th August 1997. This is a matter of the fact that on the said very day i.e. 15th August 1997 the then Prime Minister of India Shri Inder Kumar Gujral announced from the Red Fort that about 3,000 Laws are become ineffective and defunct and would be removed. This is needed to be answered how on a sudden, he aware that such large number of 3,000 Laws become defunct overnight in one night or the said date i.e., 15th August 1997, made him free from the said condition laid down by the Indian Independence Treaty to make such announcements.    

 

Government of India has respected the conditions with several British Companies to run their monopolistic Business in India, on the terms and conditions applicable prior to 15th August 1947. For instance A. H. Wheeler runs its business on the basis of the absolute and exclusive allotments of Stalls at the different important Railway Station in India on the prevailing rates and conditions since British Rule in India, and till 1997, which allowed this Company to earn exorbitant profits and to transfer such profit to Britain, without any Tax Liability in India. As a result these Companies paid their Income Tax in Britain on the Income earns in India. This was a Royalty to British Government from the Government of India against transfer of the power.     

 

On the night of 15th August 1997, Indian Parliament, celebrated 50 years of so-called Freedom, and the British Queen Elizabeth was the main guest. Why was not Head of any other country?

 

If one will go through the Book, he can make up his mind in support of requirements of a New Constitution for India.

 

I have made my own evaluation of the Constitution of India, which is totally different from the evaluation made by the Politicians, and also totally different from the Review Commission. On the basis of my own evaluation I authored this Book. My evaluation is based on my own experiences, sufferings and study made by me in consideration of the direct relations between, Constitution of India and Government of India Act, 1935, with the Act, 1935 and the Act of 1919 enacted basing upon the recommendations of Montague Chelmsford, and Act of 1909 enacted basing upon the recommendations of Morley Minto reforms and in continuation of the Acts of 1892 and the Act of 1861, which originated after 1857 revolution (Gudder), the British Government taken over the Powers of the Government of India from East India Company and enacted the Act of 1861 along with several other Laws, taking into account the source of unity amongst Indians, irrespective of different religion, cast, creed, language etc., thus aforesaid all the Acts (1860) 1861 including the Government of India Act 1935 were enacted in the name of reforms, but with the sole object of the British Government to divide Indians to Rule India. In fact, after Second World War, British Government was under acute pressure to transfer the Powers to local people of various countries, including India. Since 1942, British Government was keen to transfer the powers of Indians keeping its interests protected.

 

In fact my object, behind referring all these facts, are to explain that the Constitution of India is not prepared in consideration of Indian conditions requirements, and aspirations, rather prepared under the conditions imposed through agreement arrived under British Cabinet Mission Proposal and Indian Independence Treaty of 1947, on the basis of the Indian Independence Act, 1947 was enacted on 18th July, 1947 by British Parliament. As a result, in India, today politics is developed and established on the British Policy of divide Indians to Rule India. Resultantly, politics becomes a very good and lucrative business, everywhere, without any investment and / or risk, and totally individualised at the cost of the core principle of the democracy that whoever you are the law is still above you, thus such core principle proved as total defunct. 

 

Result of the above facts is that today Indian democracy is running in wrong direction, overriding upon the value of the “VOTERS” giving importance to “DIVIDE THE VOTES”. Thus, today every politician is doing the politics of the Votes not of the Voters.

 

In my articles and in the Book I have suggested a new Module of democracy, which, in my view, can make India a Super Power, removing individualised politics, ensuring transparent, accountable and good governance, at every level and based upon the “CORE PRINCIPLE THAT TRUTH IS SUPREME RELIGION FOR EVERY ONE AND EVERYWHERE.” 

 

The new democratic system is suggested in the Book, based on the followings amongst other considerations and principles: -

Truth shall be above all;

n     Reins of the powers should be in the hands of the people;
n     Unity amongst the people must be supreme objects; 
n     Any one, whoever he may be, still law should be above him;
n     Every one should be accountable before the law and system, irrespective of his status or position;
n     In the Election mechanism value to be given to the Voters not to the Votings;
n     Politics based on individuals should not find any place at any level at any cost;
n     Political Promotions should be based on experience, competency and performance;
n     Distribution of the benefit of the progress and economical betterment should be horizontal;
 

Since, we are admitting that India is a democratic country therefore governance should be for the People and by the People, and this can be established by making Politicians accountable to People, and to make them accountable and responsible some conditions are very much essential for every individual to maintain his carrier in politics. Some of my suggestions were as follows:

n     He should be transparent in his all functioning;
n     He can stand for election through a system, in which he shall attain minimum support from the Voters from his constituency otherwise, should be debarred from contest in future, for a fixed period, for any Democratic Institution. The present system of Security Deposits by candidate is a faulty system for India; 
n     He should start his carrier from the lower level of Democratic Institutions and gradually should be allowed to contest for elections for higher level of the Democratic Institutions;
n     He should not be qualified to contest for one particular office maximum for more than three terms;
n     To get elected, he must be supported by a fixed percentage of Voters, enrolled in his Constituency;
n     To become illegible for election to a higher Democratic Institution, he must maintain work performance with the complete honesty and sincerity during his tenure;    
n     The Election of Prime Minister, for a Fixed Tenure, should be by the Voters from the Entire Country through a Voting Pattern in favour of a National Political Party;
n     Loksabha (House of Representatives) should be for a fixed tenure of two years but in any case maximum for three years;
   

Here I am referring some provisions (suggested Articles) from my Book: A model of New Constitution for India:

   

Article: 16.   Right to information and justice.

Every citizen shall have right to information in respect of every public acts, activities, matters pertained to governmental functions, agreements with the foreign governments and Companies, Public Limited Companies or Corporations, except part of such informations, which are protected as a matter of technology or highly sensitive with regards to security concerns. 

 

Article: 47.    Election of the Prime Minister and leader of opposition.

(1)      A recognised National Party shall be eligible to pronounce the name of a candidate for the office of Prime Minister, through transparent, appropriate procedure and manner, at least six months prior to the date of General Election for ensuing Lok Sabha. No person shall be illegible to become candidate for the office of the Prime Minister for more than twice.

(2)      All candidates for the office of the Prime Minister, declared by recognised National Parties, under clause (1), automatically shall get elected as member of the ensuing Lok Sabha. 

(3)      A candidate for the office of the Prime Minister from a recognised National political party, shall be elected for the office of Prime Minister for a fix tenure of three years from the date of the constitution of such ensuing Lok Sabha on the basis of which party would gets highest votes in favour of all of its candidates, whether they elected or not to Lok Sabha, throughout the country in general election for ensuing Lok Sabha. 

(4)      A candidate for the same office from another recognised political party, which gets second highest votes in such general elections for ensuing Lok Sabha, shall be leader of opposition in Parliament for fixed tenure of three years, from the date of the Constitution of such ensuing Lok Sabha.

 

Article: 55.    Composition of the Lok Sabha.

(1)      The Lok Sabha shall consist of not more than Seven hundred fifty, including five hundred members chosen by direct election from territorial constituencies in the country.

(2)      The each constituency shall be divided in such a manner that population in each constituency, except constituencies within the territories under Bharat Government administrative control, more or less shall, so far as practicable, the same.  

(3)      In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published in the Gazette.

(4)      The determination of the area of such constituencies shall be declared by the Election Commission, in accordance with the guidelines and procedures laid down by the Law Commission in consultation with the National Judicial Commission, Chief Justice and three Senior Most Judges of Supreme Court and the Government.

The population having within the Territories under Central Government administrative control shall be given double weights or should be divided within minimum two constituencies, at the time of determination of the Lok Sabha constituencies.

So far as practicable, any constituency shall not consist the area from two States.

The balance two hundred fifty seats should be filled up in the following manner.

(a) Every recognised National Political Party shall declare and submit before the Election Commission of India a List of the Women Candidates, not less than Two Hundred Fifty, giving priority numbers to them, fifteen days prior to Voting for General Elections starts.

(b) Non-compliance of clause shall make liable to such recognised National Political Party not to use its Election Symbol in the General Election.

(c) After result of the General Election, difference between the total percentage of Votes received and members chosen by direct election, should be covered from such list, deleting the names of the Woman Candidates referred in the list but already chosen by direct election.  

 

Article:  56.   Election of the members of Lok Sabha

Any person, who holds, or held office of a Legislative Assembly of any State for Two consecutive terms or for minimum six years shall be eligible for election to Lok Sabha.

A person, who was never convicted, and having been not charge sheeted for any criminal offence, or not been accused in any criminal case six months prior to date of nomination paper, shall be eligible for election to Lok Sabha. Arrest in respect of any specific public movement, based on a prior Notice to the Local Police Station, shall not be construed as a criminal offence, with regards to this provision, is concerned.

A person shall not be eligible contest the election to Lok Sabha for more than three terms and from two constituencies at the same general election.

A person holds any office of profit under the State on the day of his nomination paper, shall not be eligible for election to Lok Sabha.

A person shall not be a member of any Legislature of any State or Rajya Sabha on the day of his nomination paper is presented. 

(a) A candidate could be get elected, from respective constituency, if highest votes get by him would construed as more than twenty percentage of total voters, enrolled in that constituency;

In case no candidate gets such support, and then second voting shall be held for two candidates, who gets highest votes in first voting.  

(c)  A candidate gets highest votes in second voting, shall be member of Lok Sabha from such constituency for fix tenure of three years.

(Provided that the condition under sub clause (a) would not be applicable, if total number of candidates in first Voting is two.  

 

Article: 61.    Constitution of a political parliamentary party.

(1)      Every parliamentary party shall be constituted by its all Member in Parliament, plus election of equal number of members from its parent political party. Election of Members from the parent political party shall be for a term of one year and six months.

(2)      The election of such members shall be held under the supervision of the Election Commission, by secret voting by the members of general body of such political party, in accordance with the system of proportional representation by means of the single transferable vote.

(3)      Such elected members from parent political party shall not be entitled to any benefit from the Government exchequer or any liberty for such membership in a political parliamentary party.

 

Article: 113.  Qualification for, and election as the member of State Legislative Assembly. 

Any person who holds, or held office of a body of Local self-government within a particular State for Two consecutive full terms or minimum six years, shall be eligible for election to State legislative Assembly of respective State.

Any person, who was never convicted, or having been not charge sheeted for any criminal offence, or not been accused in any criminal case six months prior to date of nomination paper, shall be eligible for election to a State Legislature. Arrest in respect of any public movement shall not be construed as arrest in a criminal offence.

A person shall not be eligible to contest election of the State Legislative Assembly more than three times.

(a) A candidate could be getting elected, from respective constituency, if highest vote received by him, shall construed as twenty percentage or more of voters, enrolled in that constituency.

(b)In case no candidate could get such votes, than second voting shall be held for two candidates, who gets highest votes in first voting.

(c) The condition prevailed under sub-sub clause (a) would not be applicable in second voting.

A candidate gets highest votes in second voting, shall elected as member of Legislative Assembly of respective State from such constituency for fix tenure of three years.

A candidate for the election as member of the Legislative Assembly of respective State shall affirm an oath that he is not an accused in any Criminal case, registered six months prior to the date of nomination for such election.

 

Article: 160.    Local self-Governments.

(1)      There shall be a elected (1) village panchayats under control of panchayat samitees and under supervision of zila parisads, (2) nagrik samitees under control of nagar palikas, (3) nagrik samitees, under control of up-nagar samitees and under supervision of Municipal Corporations, as units of Local Self Governments at Village levels or Towns or Cities or Metro Cities and to decentralise the powers, authority and functions of the administration, to ensure that the real nerves of the powers shall vest with the people, Parliament shall make laws to regulate that- 

(a) for more or less one thousand adult suffrages, there shall be one elected representative at one of the unit of local self-governments;  

(b) no person shall contest election for the same office for more than three terms;

(c ) any convicted person or having under charge sheet, or accused in any criminal case six months prior to date of nomination paper for any office of Local Self Government, shall not be eligible to contest election for any unit of local self governments;

 (d)     to ensure that-

     (i)  no person contesting election for any unit of local self-government shall get elected, unless he gets support of thirty percentage of votes enrolled in the voter list of the respective constituency or half of the total voting so far castes -whichever would be higher-, provided;

     (ii) in case no candidate could able to muster necessary votes in the first voting, second voting shall held for three candidates having received highest votes, in first voting;

     (iii) even in second voting no candidate could able to get required number of votes, after relinquishment of the terms of percentage of votes, third and final voting shall held for two candidates having highest votes in second voting;

      (iv) if total number of candidates in first voting would be three or less, provision under sub-sub-clause (iii) shall not be applicable; and

      (v) if total number of candidates in first voting would be two, provision under sub-sub-clause (ii) and (iii) shall not be applicable. 

(2) The Election Commission, with the help of State Election Commissions shall supervise and see that elections of the local self-governments shall free and fare.

(3) That when any political party does not gives its one third tickets to women candidates, for any particular local self-government unit, all candidates of such political party shall be considered as independent candidates, for that particular unit.

(4) That law should be made by the Parliament in clear terms regarding the powers and authority of the each unit of local self-governments, and should ensure transparency in the affairs and activities of such units and to ensure the right to information and participation of the common man during the meetings of such units, just as visitors.

(5) Wherever law provides elections of the members of local self-governments under the banner of political parties, gram panchayats should not be empowered with the dispute redress powers.                                   

(6) Wherever in any local self-government unit, the population from any tribal constitutes thirty percentages or more of the total local population the office of Chairperson of such local self-government unit shall be from such tribles.   

 

Article: 162.     Registration and recognition of Political parties.

A political party can be registered at the District Head quarter of any revenue District, by submitting application before the District Election Officer.

Such application shall be supported by at least five hundred Voters, by affirmation of oath that they are not accused in any Criminal case and that they are active members of such political party and that they will abide by the Constitution.

Such registered political party shall submit its un-audited annual accounts and list of the members for the year ending on 31st March of every year, within 30 days there from, with a copy thereof by registered post to the Election Commission of Bharat. 

Once a political party gets registration in one District, it can file and get registered separately in each District or States, in the similar manner.

The candidates of any political party, on the grounds that his political party is registered, shall not be entitled for specific election symbol, till such registered party would not be recognized as a State or National political party, in accordance with the provisions provided under this Constitution, but election results of such candidates shall be accounted for granting of such recognisation, if applied for.

When any registered political party, gets more than ten percentages of the total Votes, enrolled in all constituencies of State's Legislative Assembly, during the general election of such Assembly, shall be declared as "Recognized State Political Party" and shall entitled to get specific Election symbol up to the next general election of such State Assembly. By virtue such recognition no political party shall entitled to use specific symbol during the general election of the Lok Sabha.

If any "Recognized State Political Party" gets more than ten percentages of the total Votes, enrolled in all Lok Sabha constituencies in the country, during general election of Lok Sabha, shall be declared as "Recognised National Political Party" and shall entitled to get specific symbol up to the next general election of the Lok Sabha.

Law Commission, after inviting suggestions from the public, shall frame Byelaws and Rules, which shall be adopted by every political party, with regards to their all matters and affairs, before applying for registration at any district election officer. Compliance of Byelaws and Rules shall be mandatory for every political party; otherwise registration and recognition shall suffer revocation.

Parliament, after enactment of such Rules and Byelaws, shall make laws to regulate registration of Political Parties, in accordance with this article.

President of any recognised national political party, at the material time, shall not eligible to be a candidate for the office of the Prime Minister.      

 

MY Book : A MODEL OF CONSTITUTION FOR INDIA is posted at: http://constitutionindia.tripod.com

   

 
TRUTH SHALL ALWAYS PREVAIL
Milap Choraria  Editor: Suchna Ka Adhikar / RTI TIMES
National Convenor : Movement for Accountability to Public (MAP) 
http://milapchoraria.tripod.com/msp