Law will take its own course!

In public conversations, 'law will take its own course' tag has almost become a cliche. Law taking its own course is the most favorable course any case can take for the benefit of the accused. Corrupt politicians often take refuge under this umbrella to lengthen the courtroom proceedings, buy time and bailout culprits. This terminology in blame game politics implies that who ever is guilty of an offence will get punished as per law. Law will take its own course is meant for the educated people who are afraid of the law, which is not to be crossed over under any circumstances. Upholding the majesty of law and the principle of equality of all before the law, however high or mighty the persons may be, is the bounden duty of the government. In India, we have the best drafted laws but the problem is that the law enforcing agencies doesn't work effectively and the common people are the worst hit. The law almost never takes its own course in India. The state is always up to mischief against the citizen and the judiciary usually does not resist it. The conduct of democracy rests on three core ideas – representation, rule of law and freedoms. A substantive idea of representation goes beyond the minimalist protocol of electing representatives. It includes an idea of representation of voiceless people who do not know how to speak to power, or who do not know how to use existing laws to protect their lands and forests from rapacious loot by crony capitalists. The second feature of democracy is the rule of law and the accountability of those who implement and use law. The rule of law aims to protect and preserve the rights of people, and if these rights are being infringed, to provide recourse and remedies. And finally, democracy functions through a range of freedoms – to speak, express, form associations, dissent, basically through a mobilization and institutionalization of demands, and a competition of ideas and agendas. Dissent is the safety valve of democracy. If not allowed, the safety valve will burst. This is not part of some revolutionary ethic but comes out of a standard understanding of the mechanics of liberal democracy. Truth is self-effulgent. If truth requires evidence, what will evidence that evidence? - Swami Vivekananda

Delhi archbishop warns of threat to India's secular fabric

 

The archbishop of Delhi has called for a prayer campaign until the next general election in an unprecedented political intervention, citing a threat to the country’s secular fabric, triggering angry reactions from the ruling Hindu nationalist party. "We are witnessing a turbulent political atmosphere which poses a threat to the democratic principles enshrined in our Constitution and the secular fabric of our nation," Archbishop Anil Couto wrote in a letter issued this month to all parish priests and religious institutions in the archdiocese of Delhi.

• Christians constitute less than 3 percent of Hindu-majority India’s 1.3 billion people. India is officially secular, but four-fifths of its population profess the Hindu faith.
• The BJP said the letter was akin to calling people to vote along communal lines, and that it was unfortunate. The next election has to be held by next May.
• The Archbishop’s secretary, Father Robinson Rodrigues sad that such prayer campaigns took place before every general election, but the exercise was being politicised this time.
• The spokesman for the Delhi Catholic Archdiocese, Father Savarimuthu Sankar, said the archbishop only called for a prayer campaign not an election campaign. He said the letter, the first of its kind from Archbishop Anil Couto since he was installed in 2013, was prompted by continued violence against Christians over the past four years and following attempts to bring back to Hinduism people who converted to Christianity. We try to influence at least those people who are educated, who are balanced. So far we have been saying these are fringe elements who are behind the attacks. But there is a danger that fringe elements may become the mainstream. To some extent they are succeeding also.
• Responding to questions about the letter, Minister of Home Affairs Rajnath Singh told reporters that minorities are safe in India and that no one is allowed to discriminate on the basis of caste and religion. Between 2014 and 2015, Couto and other Christians in the national capital region of Delhi told Rajnath Singh how violence had picked up after Modi came to power, detailing at least five cases of attacks on churches in New Delhi following which extra police had been deployed to protect 240 churches in the capital.
• The prayer for our nation says, “Let the dreams of our founding fathers and the values of our Constitution – equality, liberty and fraternity – be always held in highest esteem. Let the people of all castes and creeds, all denominations and persuasions live in harmony and peace steering far away from hatred and violence." The prayer also focuses on the poor and the marginalised, saying, “Let the poor of our country be provided with the means of livelihood. Let the dalits, tribals and the marginalised be brought into the mainstream of nation building. Let justice and integrity prevail in every sphere of our life.”
• The prayer further says, "Protect our legislature as a place of discerning minds. Raise our judiciary as the hallmark of integrity, prudence and justice. Keep our print, visual and social media as the channels of truth for edifying discourses. Protect our institutions from the infiltration of the evil forces.” 

While the letter and prayer has no inflammable content, the underpinning is very clear that minorities have apprehensions about their safety, rights and privileges compromised. They are all living with their mouth shut for the last 4 years, with fear gripping them choking. Now that Modi & BJP got weakened, vulnerable and uncertain of wining no more elections owing to his worst performance in all fronts, it is natural that all suppressed sections of people will speak out their mind ventilating their grudge reflecting their anger. With minorities at 20%, dalits at 18% thoroughly alienated, there is no way BJP can win 2019 general elections unless oppositions parties fail to put up common candidates. But with Karnataka episode, Modi has himself united all the opposition parties, underwriting his own defeat. 

Justice and its delivery

Corruption is hampering the delivery of justice globally. People perceive the judiciary as the second most corrupt public service, after the police. We in India, have been living with less than efficient judicial remedy system. Some reasons are restraint of contempt notice threat, corruption prevailing in courts, incompetent level of delivery pattern of our judiciary and lack of awareness even after 70 years of self rule. 

• A transparent and accountable judiciary to deliver justice for all. The integrity, independence, and impartiality of the judiciary are preconditions for fair and effective access to justice and for the protection of human rights. Discrimination and corrupt practices often prevent citizens, especially the poor and marginalized, from equitable opportunities and protection of their rights.
• More than 75% of the Indians have never visited courts while near 100% have visited doctors  and huge majority have visited schools or temples / churches / mosques and little lesser to colleges and employment offices.
• Vast majority have never tested the efficacy of the judicial system. Our judges and judicial officers are crying for help as the work seems piling and becoming unmanageable, what will then be the case if litigation intensity rises?
• The bitter truth is that our courts are court of law and not a court of justice. Some may disagree because it is the law and order that justice is incidental to. If you get proof beyond reasonable doubt, about your innocence, the court shall provide you with justice.
• To achieve justice, to prove the truth, it takes time. The judge doesn’t know what has happened. He or she has to learn, listen to both sides, and with the corroboration of evidence beyond reasonable doubt, make a decision. Extreme justice is often injustice.
• Even though the power is in the hands of the bench, its members cannot unplug the Constitution.
• The truism, justice delayed is justice denied, is easy to cite. But to be in that chair surrounded by thousands of provisions and arguments, and eyes looking for justice, it is not easy to make decisions that are not just in favour of what is right, but also in the interest of the public at large.
• What if, in haste, an innocent person is punished — it would be the most horrendous crime. Instead, let the crime of the guilty go unpunished, than an innocent person being condemned.
• Our judicial system is so opaque and money centered. Even a simple bail and case settlement is often decided and determined based on the person's capacity in financial terms and political poweress.
• It is not a coincidence that all criminal and politically sensitive cases of those in power are always in the back burner and this happen without fail.

Corruption undermines justice in many parts of the world with the poor and vulnerable suffering most. We need justice delivery system that works round-the-year, speedy and free - like public hospitals. To achieve this the judiciary infrastructure must be modernized and upgraded. Judge-to-people ratio should be increased from the present 18 to at least 50 per million people. With the states failing to spend adequately on providing the required infrastructure and adequate number of trained personnel by way of judges and staff, the judiciary can hardly be blamed from the enormous backlog of cases that has been built up to whopping 28 million pending cases. The justice delivery system failure has led to mafia, musclemen, politicians and policemen settling the disputes and collecting hefty amounts from all the aggrieved parties.

Law is the answer to corruption

In India, politicians in power are the richest in that category anywhere in the world. The reason is enormous power and discretion they wield without any accountability. Next comes bureaucrats with lots of power in their hands with very less accountability. Combined, they just loot the nation.  Corruption undermines merit, that results in economic under performance of India as a nation. Corruption today is a high profit and low risk activity. This must be reversed.

• In a vibrant society everything is provided for by law and only a few things are left to the discretion of politicians.
• The law should govern the nation where the judiciary, the police and the civil servants dispense justice and services to the citizens in merit order, with no discretion whatsoever. The discretionary powers must be with autonomous institutions never with politicians. The politicians must be confined to making laws and enforcing them properly.
• But in Indian civil society it is 90% politics and 10% law whereas in American civil society it is 90% law and 10% politics.
• Prosperity evolves by the laws of nature, particularly the entrepreneurial character of the people.
• Redundant institutions like President, Vice President, Rajya Sabha, Governors, Legislative councils etc consume the tax-payer's money without giving anything tangible in return. These must be wound up.
• All public institutions must be headed by well qualified, experienced, meritorious professionals in that field, rather than politicians or IAS officers who know nothing about that organisation.
• Justice delayed is justice denied. There is no justification for courts piling up millions of cases and making litigants wait for their life time to get justice. The procedures could be streamlined and expedited to dispose of cases with in six months time.
• Government must be small so that rule of law is implemented by the judiciary, police and the  civil servants.
• Only mass literacy will make the voter cast his vote to the right candidate. Progress is indigenous. It cannot be imported.
• The main reason for India’s pervasive corruption is material greed. Some 20 million Indians have left India to seek monetary gains abroad. These people were intelligent people and were educated at national expense and they serve foreign countries. This much of talent migration would not have occurred had there been matching opportunities in India. This basic moral defect has to be kept under leash only by law. 
• Indian politics, instead of standing on the legal high ground, opted for huge state power. All powerful ministers, MPs, MLAs and IAS officers amass wealth without any let or hindrance. A tall leader is required to put on the pedestal the majesty of law. Then only corruption will disappear from India. India has to take a U-turn from politics to law, from money to moral rectitude. Political change has always been difficult to effect. Only an ethical society can achieve this arduous task. 
• Economic progress must have a firm legal and democratic foundation. The West too is suffering because of the excessive pursuit of wealth and many are predicting even the demise of liberalism. If the West cannot afford immoral affluence, how can India afford it? 
• To seek to pursue growth on a shaky legal foundation is dangerous. Economic growth in the absence of law has created the present corruption levels. India must strengthen its judiciary. Then judiciary, police and the civil servants will put an end to black money.
• In India, the job of a minister is glamorous with power and pomp, whereas a judge, police and civil servant have to do their jobs in relative obscurity. A minister should realize that her or his job is largely decorative and that the job of the judge, police and civil servant is constructive. True politician must be humble. By a political awakening, a legal illumination and honesty in civil service, corruption can be put to an end. 
• Citizens must become alert and create the right atmosphere for a lofty political leadership to emerge. A highly politicised society has to become a highly legalised society. Politics is partisan, law is unitary. Moving from politics to law is evolutionary progress.
• As politics is deep-rooted in the moral character of a society. An MP who is willing to live on bread and water will not need any bribe. His heart and stomach should be filled by patriotism. Also, economics is a zero-sum came. When the rich live in palaces the poor have to live on the streets. A voluntary tendency to lead a simple life by all will create the right atmosphere for economic probity.
• We cannot create a draconian state to end corruption. The moral transformation of civil society must be natural and based on persuasive leadership. Money should become meaningful, moral and deeply satisfying. If true wealth is found in a rich heart, no one will want to touch money even with a barge pole.
• Law is the fulcrum of democracy and democracy is what holds the people together without force. Law and democracy can combine to form the life of politics to cleanse the country of corruption. Cheap politics has done enough damage to India. India needs Newtons and Einsteins in its politics to make it clean, pure and inspiring. Then the best and the brightest will come to politics to make it a haven of virtue and science.

In a democracy, winning election doesn't confer on winner 
autocratic powers to do nonsense things. He must confine to rule of law.
People may or may not have respect for the law; but they must fear the law.

Read the source article

In India, politicians life style is more vulgar than erst while kings, nizams and zamindars. Even an MLA's monthly expenditure is more than Rs.10 lakhs! Their spending is outright ludicrous. Political parties and their massive election expenditure is a point of concern. Election reforms must change this by providing level playing platform for all contestants with least expenditure. Political contributions from other than individuals must be prohibited, which is the big source of corruption, crony capitalism, nepotism and quid-pro-quo. Even individual donations must be by bank transfer and all donations received and expenditure accounts of political parties are properly maintained and must be audited.

Rule of the law essential for corruption elimination

• American civil society is 90% law and 10% politics. Indian civil society is 90% politics and 10% law. 
• India has chosen this political model that makes politics profitable to politicians. Indian politicians in power are among the richest in the category anywhere in the world. 
• In a dynamic society everything should be provided for by law and only a few things are left to politicians. The law should govern a nation where the judge, the police and the civil servant dispense justice to the citizen.
• Indian politics took enormous power in its hands in order to promote economic growth. But prosperity evolves by the laws of nature. 
• India has no legal vision that is why a million cases are pending in courts. Law and franchise are two sides of the same coin called democracy, one representing truth and the other popular will.  
• A government must be small. Then only rule of law can be implemented by the judiciary, the police and civil service.
• India is yet to write any document to keep the greedy politicians in check.
• Mass literacy will make the voter cast his vote to the right candidate. 
• Progress is indigenous; it cannot be imported from abroad.
• The main reason for India’s pervasive corruption is material greed. Some 15 million Indians have left India to seek monetary gains abroad. This basic moral defect can be kept under leash only by law. 
• Indian politics, instead of standing on the legal high ground, opted for huge state power. All-powerful ministers, MPs, MLAs and IAS officers amass wealth without any let or hindrance. Can India take a U-turn from politics to law, from money to moral rectitude? 
• Political change has always been difficult to effect. The true dimensions of the task of creating an ethical society must be borne in mind.
• Economic progress must have a firm legal and democratic foundation. The West too is suffering because of the excessive pursuit of wealth. The West ignored its policies and many are predicting even the demise of liberalism. If the West cannot afford immoral affluence, how can India afford it? 
• To seek to pursue growth on a shaky legal foundation is dangerous. The Indian polity is morally weak without any legal restraint. Economic growth in the absence of law has created the present corruption levels. 
• India must strengthen its judiciary. Then, without any fuss and public outcry corruption can be eliminated. The same judiciary and police will put an end to black money.
• The job of a minister is glamorous with power and pomp, whereas a judge and a police officer have to do their jobs in relative obscurity. A minister's job is largely decorative and that the job of the judge is constructive. Realising his true contribution, the politician must be humble. By a political awakening and a legal illumination corruption can be put to an end. 
• Citizens must become alert and create the right atmosphere for a lofty political leadership to emerge. A highly politicised society has to become a highly legalised society. Politics is partisan, law is unitary. Moving from politics to law is evolutionary progress.
• Politics is deep-rooted in the moral character of a society. Any politician who is willing to live on bread and water will not need any bribe. Economics is a zero-sum came. When the rich live in palaces the poor have to live on the streets. A voluntary tendency to lead a simple life by all will create the right atmosphere for economic probity.
• We cannot create a draconian state and end corruption. The moral transformation of civil society must be natural and based on persuasive leadership. A clear definition of a sustainable lifestyle must be voluntarily accepted. Only then the competitive urge to make more and more money will end. Money should become meaningful, moral and deeply satisfying. If true wealth is found in a rich heart, no one will want to touch money even with a barge pole.
• Law is the fulcrum of democracy and democracy is what holds the people together without force. Law and democracy can combine to form the life of politics to cleanse the country of corruption. Cheap politics has done enough damage to India. India needs Newtons and Einsteins in its politics to make it clean, pure and inspiring. Then the best and the brightest will come to politics to make it a haven of virtue and science.

Read the source article

Two things form the bedrock of any open society.

Freedom of expression and rule of law ...  Salman Rushdie

If citizens cannot trust that laws will be enforced in an evenhanded and honest fashion, 

they can be said to live under the rule of men corrupted by the law ... Dale Carpenter

Corruption arises out of discretionary powers vested upon politicians, civil servants and judiciary, without any accountability, which are being misused for amassing ill-gotten wealth. These must be replaced with robust merit based algorithms. Transparency & accountability must be established at all levels. All government expenditure must have prior legislative sanction. Executive sanctioning of schemes, expenditure or anything must be prohibited. Every process of law administration must have legislative approval prior to implementation. Citizen rights must be respected under all circumstances by every one. Courts must deliver judgments within six months. VIP culture must be abandoned. These are few things which must be adopted immediately and refined continuously for establishing a happy society.

Failed state

• Failed state is unable to project authority over its territory and peoples, and it cannot protect its national boundaries. 
• The governing capacity of a failed state is unable to fulfill the administrative and organizational tasks required to control people and resources and can provide only minimal public services. Its citizens no longer believe that their government is legitimate, and the state becomes illegitimate in the eyes of the international community.
• A failed state is composed of feeble and flawed institutions. Often, the executive barely functions, while the legislature, judiciary, bureaucracy, and armed forces have lost their capacity and professional independence. 
• A failed state suffers from crumbling infrastructures, faltering utility supplies and educational and health facilities, and deteriorating basic human-development indicators, such as infant mortality and literacy rates. 
• Failed states create an environment of flourishing corruption and negative growth rates, where honest economic activity cannot flourish.
• A strong state provides core guarantees to its citizens and others under its jurisdiction in the three interrelated realms of security, economics, and politics. State failure comes in degrees and is often a function of both the collapse of state institutions and societal collapse.
• A failed state cannot maintain a monopoly on the legitimate use of violence and minimize internal conflict. It cannot formulate or implement public policies to effectively build infrastructure and deliver services or effective and equitable economic policies. 
• It cannot provide for the representation and political empowerment of its citizens or protect civil liberties and fundamental human rights. State failure manifests itself when a state can no longer deliver physical security, a productive economic environment, and a stable political system for its people.
• The total collapse of the state marks the final, extreme phase of state failure, and very few states can be described as completely failed or collapsed. 
• Many states suffer from various degrees of weakness and are therefore potential candidates for failure. Weak states were failing with increasing frequency, most of them in Africa but also a handful in Asia and the Middle East, and failed states are known to be hospitable to dangerous warlords and groups that commit terrorist acts. 
• Somalia and Afghanistan under the Taliban regime, are examples of states failure completely.
• Understanding the dynamics of state failure and strengthening weak nation-states in the developing world assumes new urgency.
• 25 Most failed states in the world are:

Read the source article

India qualifies many aspects of 'failed state' but not yet failed. But if you look from view point of poorest man it is definitely a failed state.