Dr.Rajendra Prasad

                           Dr.Rajendra Prasad

           Deshratna Dr.Rajendra Prasad was the first President of India from 1950 to 1962,only person to hold the exalted office for two terms.When India became Republic on January 26,1950,Taken Babu was installed as President of India as he was Chairman of Constituent Assembly.In 1952,he won the first election for Presidenship which was hailed by every one but in 1957 when second term was to be provided to him,Pt.Nehru did not agree for his renomination and put up his own candidate.But Rajen Babu won hands down against Pt.Nehru's candidate.He was not only intelligent but a genius since his student life.He always stood first in all examinations from School to Post graduation.Even the examiner of his English paper had given the remarks " Examinee is better than the Examiner." Such was his level of intelligence.
          He was a saintly person,a very successful lawyer and a warm hearted philanthrophist,a popular leader but simplest in his attitude towards his life.An honest politician to the core in as much as that when he laid his office he had no home to stay in as his Ziradei house in the village had become completely uninhabitable.Congress offered him Sadaqat Ashram,Congress Office at Patna where he spent his last days.
           Born on December 3,1884 in a village called Ziradei near Siwan now a District HQ in Bihar in the family of Mahadev Sahaya,a reputed Kayastha family.He was youngest amongst three sisters and two brothers.He had his early education in Bihar and later moved to erstwhile Calcutta for College education where he studied up to M.A.
            Taken Babu's life was like an open book and so much have been written about him that it is almost redundant to write about him.But I wanted to write one aspect of his life which I am going to extract from his Autobiography which might look funny in today's contest.
          After he finished his postgraduation,he wanted to go to England to do I.C.S.Dr.Sachidanand Sinha who later on became protem Chairman of Constituent Assembly fully supported his view and promised full support to him.Bran Kishore Prasad a famous lawyer also promised to him.Then the taboos used to be amongst Kayasthas were that if one travelled abroad,he used to be excommunicated from the community.Still Taken Babu wanted to go to England.
          Rajen  Babu writes in his autobiography and described the incident in the following words:-
         " When preparations were almost complete in Calcutta for my departure,a small incident occurred.All my friends who shared my secret plans were crazy about going to England.They thought they might get an opportunity later and would reach there after I settle down there.One day one of my friends suggested that we should go and see an astrologer about prospects of going abroad .Accordingly we went to see him.The old Brahmin,as soon we entered his house,claimed to know the purpose of our visit.We,therefore asked him if our wishes are going to be fulfilled.Looking at me,he said that my desire would be fulfilled later in life but not just then.Then he turned to my friend ,Sukhdev Prasad Verma and said : " Your desire is going to be fulfilled very soon."
           Paying him a rupee,they came out and laughed at the old man and his ignorance as Rajen Babu had his Passport,clothing's and money ready.But it so happened that next day he received a telegram from his village where he was summoned by his parents.When he reached his village,his mother flately refuged permission to allow him to go to England.
         Rajen Babu came back to Calcutta completely dejected.His all plans had fallen flat.His friend Sukhdev Prasad Verma who had accompanied him to astrologer told Rajen Babu that if he is not going to England,he should give him money and clothings and allow him to travel to England
              The old Brahmin's prophesy came true.Rajen Babu then could not travel to England then but later in life had to travel and his friend who had no plan travelled to England then.
            It is not my intention to propogate any thing which is not acceptable to others but just to narrate an incident in the life of a genius like Dr.Rajendra Prasad.

Trust Vote

                                   Trust Vote

            Devendra Fadnavish Govt. sought and obtained Trust Vote in Maharashtra Assembly as it was required to seek under the invitation to form the Government in Mumbai by the Governer.But it was obtained by Voice Vote and not by Division of votes.
          The day started with the withdrawal of Speakers candidates by Shiv Sena and Congress.These two arch rivals fell in line to the appeal issued by the Chief Minister to allow unanimous election of Speaker.Consequently, BJP candidate was unanimously elected as as Speaker of Maharashtra Assembly.He took of the proceedings immediately thereafter.
           The CM Fadnavish moved one line motion seeking confidence of the House.The motion was put to vote by the Speaker as usual by voice vote.BJP's MLAs said yes,some independents also said yes,two arch rivals Congress and Shiv Sena said no to the motion.NCP MLAs abstained from voting by neither saying yes or no.That is how NCP probably had planned.Speaker announced Voice Vote in favour of Confidence Motion.( My impression is based on reports by electronic media )
            That was the most crucial moment when any member could have demanded Division of votes which was probably not done.Congress and SS MLAs were so much confused that they came to the well and started protesting.What should have been quietly done was missed out by them.After voice vote,when a member seeks Division, Speaker seeks clearance of lobby and felicitate Division of votes.It takes some time to arrange Division of Votes.My reading of the situation appears to be that SS and Congress knew Fadnavish government was supported by NCP by abstentions and thus there was no use seeking Division.They found it more useful to create a scene and brand the government as illegitimate.
           SS MLAs abused BJP for playing fraud inside the assembly.Former CM Prithviraj Chavan called it a black day in the history of Maharashtra Assembly.SSs logic was that those 40  MLAs who wanted Nitin Gadkari to be Maharashtra did not vote for Trust motion.This was a ridiculous logic.SS appears to have missed the bus for ever.
           In the entire scenario of Maharashtra since the days failing to seal seat adjustments for election,Udhav Thakre's immaturity started becoming visible.He was no patch to the political brains which BJP have.At every corner,SS was cornered by BJP and it won 123 seats which was not even offered to BJP by Udhav.SS came poor second in Assembly with 63 seats,of course little better than Congress and NCP but just less than half of BJP.The position of SS became so weak that BJP hardly gave importance to power sharing formula.Udhav became so ambitious that it asked for Speakership,Dy.CM and 12 cabinet bearths which were dismissed by BJP with all contempt at its command.Modi offered two bearths in Central Cabinet with Suresh Prabhu as a must.Anil Desai was also to be included who was sent to Delhi for oath taking but was recalled from the Airport itself.Thus SS lost all the chances it was offered by BJP.Now,SS MLAs who were aspiring to be Ministers would have to wait restlessly for another five years.
              In Maharashtra politics,the intelligence of Sharad Pawar is unparellel.Very shrewdly,he announced unconditional support to BJP in the name of stability of government but Udhav Thakre failed to read and allowed Pawar to create a rift between BJP and SS.It is Sharad Pawar who proved to be insulator between BJP and SS.Hopefully,Devendra Phadnavish government will continue till such time NCP ressurects itself.By then BJP will also strengthen itself by doing some people friendly acts to create goodwill amongst the people.To my mind,in this race SS will have work in cohesion with Congress and destroy itself in next few years.May be SS suffers fracture too by those members who were nourishing aspirations to be in government.
           I am keeping my fingers crossed on the developments in Mumbai and wish the people of Maharashtra gain by these uncertain situations.
           

Congress Culture

                                     Congress Culture

          Most of us know that Pt.Nehru was conferred Bharat Ratna in 1955 while he was the Prime Minister.Mrs.Indira Gandhi was conferred Bharat Ratna in 1971 while she was in the office of Prime Minister.Dr.Rajendra Prasad received this honour in 1962 when he laid the office of President of India.Sardar Patel about whom Congmen started tom tomming after Narendra Modi stole away his legacy was altogether ignored by Pt.Nehru,Indira Gandhi and other Prime Ministers till 1991 when he was clubbed with Rajiv Gandhi when he was honoured with Bharat Ratna posthomousely.
           What is the morale of the above statements? They did not feel ashamed in honouring themselves while they were in office but ignored others who most merited it.
           Congress Culture can be classified broadly in categories. Firstly,merit has no say in Congress hierarchy. It has become family party after Gandhi sidelined Sardar Patel to be President of Congress Party in 1946 who was supposed to take the reins of the country on achieving freedom in 1947.Out of 15 CWC members ,12 members had voted for Sardar Patel.Surprisingly,not even one member had whispered the name of Pt.Nehru but Gandhi commanded Sardar to withdraw from the contest to pave way for Nehru to become the Prime Minister.Sardar Patel was working tirelessly to unite the 550 princely states to join Union of India.Sardar Patel had had his dreams to usher India.But Maulana Abu Kalam Azad who was laying office of President of Congress in 1946 whispered into the ears of Gandhi that Nehru would be a favourite candidate of Muslims.Gandhi heeded his advice and nominated Nehru.Sardar Saheb was deeply anguished by such decision but abided by Gandhi's dictate.
             Secondly,psycophancy is the hall mark of congress culture.If you want to remain in Congress and progress well in Party,you have to keep showering all praises on the family members including a Thug like Robert Vadra.I have a few friends in Congress who are brilliant on their own right but would not have progressed well had they not indulged in psycophancy. Each and every congressman have to assure and reassure the family members of their bootlicking.A word of resentment against any member of the family would only pave your way out of Congress.Whether gets 206 or 44 seats,it is always because of merits of Gandhi family.Why Congress suffered humiliating defeat either in 2014 National Election or Maharashtra or Haryana elections,no congressman ever pointed out the real cause of their defeat.It does not require the brilliance of Rocket Science to point out that Corruption and Maladministration had been the root cause of these defeats.Particularly,in Rajasthan and Haryana, Vadra's corruption caught the imagination of people.But Congmen did not show any discomfort with the family members.On the contrary Digvijaya Singh wants further promotion for Brainless Rahul Gandhi as President of Congress.Such is the height of psycophancy of Congmen.
              Thirdly,criminalisation of politics was a huge gift parted by Indira Gandhi to the nation.Criminals used to assist the Congmen to win the elections since 1952.I can vouchsafe that in U.P.and Bihar elections,booth capturing was the trick played by Congmen to win the elections.Goons of the area would be hefty sum to ensure booth capturing.These goons would reach the booths and force the Presiding Officers to part with ballet papers and stamp the papers and would stuff the boxes with such papers.That is how elections used to be conducted till 1967 when there was some public awakening and Congress suddenly lost elections in eight states where SVD governments were formed.Criminals also realised that just to assist the politicians in election was not enough.They wanted share in power.Indira Gandhi succumbed to their pressure and started distributing tickets to those criminals.To match those criminals,Oppositions also started distributing tickets to criminals.Today,no party lags behind but Congress always remains the leader.
            Fourthly,Pseudo secularism had been always the plank of their support apart from Brahmins and SC|ST.Congress never believed in deciding the society on the basis of religions.I have already mentioned how and why Sardar Patel was sidelined by Gandhi.Mahatma Gandhi sat on fast unto death in 1948 or so forcing India to pay off 53 Cr.to Pakistan which was not liked by Patel because of aggression of Pakistan in Kashmir in 1947, but he had to succumb to unreasonable demands of Gandhi and pay off the amount.Then in 1956,a big facade appeared when Nehru wanted to Codify laws for Hindus called Hindu Code Bill.Even the President of India resented such codifications.Nehru and Ambedkar's arguments were that Hindus indulge in polygamy, therefore,codification was necessary.There was huge uproar in Parliament in as much as Ambedkar had to resign from Law Ministers' position and the Bill had to be withdrawn.In next sessions,Nehru staked himself and got the bills passed.Uniform Civil Code had been always part of our Constitution as Directive Principles of State Policies but Nehru nevered ventured to embark upon that.So far there are two or three directions by Our Supreme Court but no government worth the name ever moved in that direction.Appeasements of minority had always occupied prominent place in congress mind.Shah Bano case is another case of appeasement policy of Rajiv Gandhi's government.He was so much confused Ho hulla was raised by Hindu Organisations that Rajiv Gandhi ordered opening of locks of Babri Masjid.From then,Hindus had been showing their frustration on such appeasement policy which has resulted in the verdict of 2014 National Election.
             There could be some more core of congress culture but to my mind,the aforesaid are broadly the traits of Congress Culture.Hopefully,Narendra Modi's government functions differently from Congress and takes India to the path of progress and prosperity.

Confuged Udhav Thakre ?

                                    Confused Udhav Thakre ?

            Bala Saheb Thakre founded Shiv Sena with a clear vision of ruling Maharashtra.He was bold,clear headed and courageous leader who tried to interwind Marathi Manush and their pride.He took many steps,he made many statements which can be termed as most controversial and was condemned by all.Late Machu Dandwate who was a great socialist leader from Maharasta who rose to become India's Finance Minister in V.P.Singh's Government once told me that Shiv Sena was a party of goons.He was not wholly wrong.SS used to indulge in hooliganism,create ripples between Maharastrians and Non-Maharastrians.Bala Saheb had the courage to challenge any body,his body language always suggested he reined supreme and ruled the roost.At grass root level,SS captured BMC,one of the largest corporations.However,his stances were anti Muslim and pro Hindu.
             Bala Saheb had alliance with BJP which was very carefully manicured by Vajpayee,and Advani which was given shape by Pramod Mahajan, the articulate leader close to the stalwarts of BJP.The alliance continued for 25 Yrs.No one Mumbai dared to defy Bala Saheb,however famous he may be.They knew,at the whisper of Bala Saheb his life could become miserable. Bala Saheb had made it very clear through his words and deeds.Matoshri was a Fort from where Bala Saheb ruled through his cheftians. Despite his dominating personalities,a few leaders deserted SS and some of the prominent leaders deserted SS.Chagan Bhijbal,Rane,and Sanjaya Nirupam are a few names to be remembered.Even his nephew Raj Thakre deserted him as he was being sidelined to empower Udhav Thakre.Raj Thakre not only defied SS,he floated MNS a political outfit which turned out to be a dampner for SS.
            Now that Bala Saheb is no more and SS is being steared by his son Udhav Thakre,a mild successor of a bold predecessor, scenario changed very fast.May Parliamentary election was a trial for Modi-Amit Shah who accepted the terms set by Udhav Thakre but having tasted unprecedented success on May 16,2014,the forward looking Modi- Amit Shah team became emboldened and wanted to test the waters of Assembly elections in Maharashtra and Haryana.BJP broke its alliance with Bishnoi's party HJS Party and decided to go alone in Haryana,Negotiations started for seat sharing in Maharashtra.BJP wanted to improve its tally which was at 46 (288) and wanted equal share on seats.Here the political accumanship of Udhav Thakre dried up and still wanted to dictate its terms with BJP.Udhav failed to gauge the ground reality and swelling support in favour of BJP.Amit Shah was elevated as BJP President and Modi was making a grand mark domestically and internationally.He was triumphing every where.People in Maharashtra too had shown confidence in Maharashtra where BJP- SS combine had cornered 42 seats.Modi was the face in May election but Udhav always thought it was he who reined in.
            Udhav should have accepted equal partnership in Assembly election but he remained stub burn and wanted to still behave like a big brother and wanted 151 seats for SS and 121 seats for BJP which was not acceptable to BJP.The 25 Yrs.old alliance was going to break down but Udhav did not realise it.The alliance broke and BJP had to contest on all 288 seats with its allies.There were around more than 150-160 seats which was never contested by BJP in the past but BJP in a few days managed to nominate candidates.Electioneering started,Modi again became the  face of BJP who addressed meetings in all corners of Maharashtra but never attacked Bala Saheb or SS.His focussed attack was Congress- NCP combine.However, Udhav likened Modi as Afzal Khan.It was too bad on his part as it was just childish.Samana went to the extent of attacking Modi's father also.
              When results were announced on Oct,19 instant,it was stunning.BJP won 123 which was triple from its last tally and SS got stuck at ,63,half of what BJP bagged.That should have been an eye opener for Udhav,but he kept his eyes shut.He is not in a position to dictate his terms,only option is to submit.He must know that if he has to reconcile tomorrow, he should reconcile today.That is the political wisdom.But Udhav shies away from accepting the writing on the wall.If BJP forms minority government,SS will have to support such government from outside as it can not pull down such government aligning with Congress particularly when NCP have indicated its unconditional support to BJP government.
              Udhav Thakre appears to be completely confused and fast loosing the momentum.With 18 MPs and one Cabinet Minister at the Central Government,negotiations would have ended in a few days and all matters would have been settled.However,Udhav has to remove his old glasses and put on his nose a friendly glasses and come on board fast.
           

Ammending Powers Under The Constitution

                      Amending Powers Under The Constitution

             " A Constitution is framed for ages to come, and is designed to approach immortality as nearly as human institutions can approach it.Its course cannot always be tranquil."
               Chief Justice John Marshall ( The first CJ of US Supreme Court )
        The US Constitution has 7 Articles devided into several sections and 14 Amendments were added later on.In all there had been 26 amendments so far since 1787.
          The Constitution of India was adopted on November 26,1949 and came into force on January 26,1950.The first amendment to Constitution came immediately in 1951.There after more than hundred amendments have come into force in the last 64 yrs.
          The Supreme Court of India was constituted with 7 Judges on January 26,1950.At the inauguration,the first Chief Justice of India  Harilal Kania after taking oath from Dr.Rajendra Prasad, the first President of India, said :- " The Court should interpret the constitution with an enlightened liberality and administer the law with goodwill and sympathy for all.The court should be quite untouchable by the legislature or the executive authority in the performance of its duties."
        Article!e 368 of our Constitution provides ammending powers to the Parliament.In a case Keshwanand Bharti Vs.State of Kerala ( AIR 1973 SC 1461 ) a question arose regarding the ammending powers of the Constitution by the Parliament.Whether the Parliament have unlimited power to ammend the Constitution or it can ammend with some limitations on it.The Supreme Court constituted a 13 Judge Bench presided over by the Chief Justice of India S.M.Sikri.This is the largest bench so far which have decided a case.Next larger benches are 9 Judge bench.
             The case was heard for six months and was argued by emminent counsel such as N.A.Palkhiwala for the petitioner H.H.Keshwanand Bharti.The State of Kerala was represented by a Constitutional authority H.M.Seervai.The Government of India was represented by its Attorney General Niren Dey.
          Out of the 13 Judges_11 separate opinions were expressed by the Judges.Six Judges namely CJ Sikri,Justices Shelat and Grover,Hegde and Mukhrjea and Jagannath Reddy by four separate Judgments held that the ammending power was limited by various inherent and implied limitations in the Constitution including fundamental rights.
          Six other Judges namely Justices A.N.Ray ( Who was later on appointed as Chief Justice of India superceding three senior Judges by Mrs.Indira Gandhi in 1973 ),Palekar,Mathew,Dwivedi,Beg and Chandrachud delivered six separate judgments holding that there were no limitations on the ammending powers of Parliament.
       One Judge Justice H.R.Khanna ( who was later on also superceded  and was not allowed to become CJI by Mrs.Indira Gandhi ) held that the ammending power was plenary in every sence ,but the word " amendment "in Art.368 by its limited connotation did not lend itself to abrogating the Constitution.Any amendment to the Constitution had necessarily to retain " the basic structure and framework of the Constitution after the amendment."
            Justice Khanna said:- " Although it is permissible under the power of amendment to effect changes,howsoever important,and to adapt the system to the requirements of the changing conditions,it is not permissible to touch the foundation or to alter the basic institutional pattern.The words " amendment of the Constitution " with all their wide sweep and amplitude can not have the effect of destroying or abrogating the basic structure or framework of the Constitution"
           In view of 11 separate Judgments, a Courts order was passed by 9 Judges which inter alia read as follows:-
       2. Article 368 does not enable Parliament to alter the basic structure or framework of the Constitution.
            The outcome of this Judgment had clearly upset Mrs.Indira Gandhi who wanted review of the Keshwanand Bharti's case.A.N.Ray became the Chief Justice of India superceeding three senior most Judges. He constituted a Bench of 13 Judges again to reconsider Keshwanand Bharti's case.The Bench sat for two days.N.A.Palkhiwala raised serious objections to the reconsideration of Bhari's case.Eventually,the Bench did not resume sittings on the third day and a message was sent by the Chief Justice through the Registrar that the 13Judge Bench is broken and no further hearing will take place now.As a junior counsel I was also sitting in the Court Hall when the message came.
            Therefore,now the law of the land is that basic structure or framework of the Constitution can not be altered.The fundamental rights,democratic framework of Indian republic,Seculer character etc.of the nation can not be tinkered by any government howsoever powerful it may be.
          
         

Encounter With Pakistan

                                Encounter With Pakistan

            Encounter with Pakistan is an old saga coming since before the partition.Md.Jinnah maintained that Muslims are a different nation supported by many Muslim clerics which lead to Pakistan on the basis of Two Nation theory.Muslims wanted to live separately from Hindu nation called Hindisthan and wanted creation of a Muslim Nation called Pakistan.Many Muslims from various parts of India moved to their own nation Pakistan.It is another thing that those Muslims were never assimilated into Islamic Republic of Pakistan.
          If Muslims moved out of Hindusthan to create an Islamic country,Hindusthan and Hindusthan is alone remained in Hindusthan,still a country of ,82℅ Hindus is not being allowed to be called a land of Hindus.Leaders of India after partition still never declared India to be a Hindu Nation ,it was declared as a Seculer nation.Vande Mataram was denied the status of National Anthem at the objection raised by Muslim leaders.Since partition_Muslims became a favorite lot of Congress Leaders including Mahatma Gandhi who sat down on fast unto death on the payment of 52 crores to Pakistan.Sardar Patel never wanted to pay this amount but seeing the health of Mahatma conceded.Muslims became a vote bank of Congress and helped Congress to remain in powers.I shall not hesitate to add that Muslims are the poorest and most illiterate lot amongst minorities. Congress kept them so purposely.
           In 1956,there was a good occasssion to create an Uniform Civil Code but Pt.Nehru and Dr.Ambedkar endeavoured to codify only Hindu Laws.There was stiff resistance in Parliament including that of President of India Dr.Rajendra Prasad.The Hindu Code Bill was taken out of Board from the agenda of Look Sabha.Dr.Ambedkar had to resign as Law Minister.But no effort was made Pt.Nehru and his colleagues to chastise Muslim Law which overloaded against many vices particularly their women folks.
               In spite of so much being done for muslims ,Pakistan hate India campaign started from the days of Partition.Maharaja Hari Singh acceded Jammu & Kashmir to Hindustan.Pakistan sent their armed forces in the guise of Kabalis to take over Kashmir.They occupied the area which is today known as PoK and around 100 Kms.from Srinagar.Those forces let loose barberism,raped the women,looted their properties.Ultimately, Indian Armed forces intervened and drove away those Pak ( Napak ) forces.That is how rest of Kashmir is in India.Indian Constitution and Kashmir Constitution describe whole of Jammu & Kashmir as integral part of India.But Pakistan continues its hate campaign against India.
          Pakistan had encounters with India in 1947,1965,1971 and 1999 when Kargil took place.In 1956,when Lal Bahadur Shasti was Prime Minister,India crossed the International borders and entered Lahore which India had to vacate under Tashkant Agreement.That was the most befitting moment Indian Forces would have entered PoK and retrieved it.The PoK has become a den of terrorists where from ISI operates its training Camps.India have mapped the areas and know that  there are around 40 terrorists camps.
          Pakistan have been unsuccessfully tried to internationalise the Kashmir issues.Nawaz Sharif again raised the issue in general assembly of UN and sought plebiscite in Kashmir.He knowingly forgets about the Shimla Agreement and Lahore Declaration.He also forgets that since the days of accession to India_Kashmiries have been participating in every elections and forming their popular governments.
           Having failed miserably in UN and facing tough resistance at the home front at the hands of rebels,Pak forces have violated the cease fire more than hundred times and have been shelling heavily on civilian population killing around 9 people including a one year child whose first birthday was being celebrated.The border areas have been vacated by civilians to save their lives.Arun Jaitely,a couple of days met all the Service Chiefs and gave them instructions to retaliate in good measures.Our Indian Armed forces have started retaliating heavily and caused heavy casualties on Pakistan side.
              Now the question is " is it not an opportune moment to dismantle the training camps in PoK "
             We have been missing the opportunities to dismantle the terrorists camps where terrorists are being trained to carry proxy war against Indian civilians.We have capabilities to strike the camps and the world commuty will not object to such acts.After all Israel is striking those areas in west Bank and Gaza Strip.Why can not we do it.

SWACH BHARAT - 2. ( CLEAN INDIA -2 )

               Now let us take the case of Urban India.It is going to be stupendous task to keep rural India clean.We have 6000 villages where homes have no toilets or urinals.People go out to ease themselves in open.Most shamefull is for women folks to ease themselves.The go out before the dawn or after the sunset.Is it easy to create toilets in every home ? Greater problem is of availbility of water.Unless there is free flow of water,such toilets will become hell.
            Most of the Schools do not have toilets or urinals in schools what to talk of separate toilets or urinals for girls.PM Narendra Modi rightly says that girls drop out from the school for lack of proper arrangements of toilets and urinala.Corporate sectors have started taking adopting schools for providing toilets in the schools at the request of PM Modi.It is a good gesture on their part but herculeon task would be to provide free flowing water to those toilets.I only hope they provide water.I also hope Govt.also make available 24×7 hrs. water to every household in rural areas.
           Garbage collection in the urban areas is not going to be a big problem as many companies are coming forward to collect garbage and make profit out of it.But to keep stainless towns,cities and rural areas are going to pose big problem in this mission.
          PM must have taken into considerations all these difficulties and would have also thought of its solutions.I just wish him my best wishes for the success of this mission.Good Luck to PM.

                                           SWACH BHARAT--2
                                            ( CLEAN INDIA--2 )

          It appears Swach Bharat Abhiyan launched by PM Narendra Modi is picking up and gaining momentum all around. Even the President of India has joined the movement and came out with brooms in his native village as well as in Rashtrapati Bhavan.it was a good gesture on his part to support a noble cause to clean India.My society where I live also looks much cleaner. Some of the roads on which I travelled after the launch appeared much cleaner. Suffice to say that the mission has become a mission for the nation.
         A celebrety like Sachin Tendulker also came out with his 9 friends to clean the road in Mumbai. Others might also be doing it. A picture of a Rly. Station was loaded on social media showing a clean approach to the station. It was heartening development.
         But much more than this is required to be done to clean India.india is devided in rural and urban areas.Let us take the case of Urban Delhi.After 82 Asiad and 2010 Commonwealth Games , Delhi's roads have been widened and many Flyovers were added. Crores were spent on decorating the roads with flower pots etc. which disappeared on the close of the Games. Where have they gone?Of course, that is not my immediate concern at the moment.My concern is to analyse whether, these roads have been equipped with Public Convenience system. I travel 8 Km. everyday to reach Supreme Court either via ITO or Nizamuddin bridge. During rush hours it takes around 45". There was no public convenience constructed on the road side. People ease themselves on the road side only. Can we find fault with the people alone or Authorities have also to share the blame. It appears some Public Conveniences have been constructed but they are located at such inconvenient places that cars can not be parked there to ease themselves. For the last one year I find all those toilets/ urinals are lying closed.still we expect people to keep the area clean.In market are there is no toilet/urinal located. Was it not the responsibilities for the Corporations to provide such places.My submissions are that Public Convenience must be opened at every market and on the roads which should be kept neat and clean by the authorities. The may charge some nominal fee but not providing such convenient places is criminal 

SWACH BHARAT ( CLEAN INDIA )

                              SWACH BHARAT ( CLEAN INDIA )

           I hail PM Narendra Modi for launching his visionary mission Swach Bharat Abhiyan ( Clean India Mission  ) as part of his vision  " Make In India ".He wants to convert India a global centre to invite the world to come and invest in India as the image of dirty India is a drag on investors to come to India.It is not a matter of pride for any Prime Minister of a country to start this kind of mission as it presupposes a unclean India.
        A few cabinet Ministers tried to provide an impetus in advance to clean their Secretariat since a few days before which was criticised the ministerial efforts and tried to pooh pooh their mission.Though it was a symbolic mission on their part to exhibit the commitment of their government's agenda.Obviously PM or the cabinet Ministers are not going to broom the floor of their work place but they only gave a signal to the people to keep their surroundings neat and clean.
          The PM while speaking at Rajpath beseached that his Swach Bharat Abhiyan should not be taken as a political statement but his sincere commitment to improvise the image of this nation in the eye of the world.He is one PM who has risen from the ranks and does not come from a blue blood family.When he was admitted in RSS for the first time,he was asked to live in RSS office and he was assigned the duties to keep the office clean and prepare tea and food for his senior Pracharaks.He used to broom the floor of the office ( Young Narendra Modi's photo brooking and cleaning the floor of the office uploaded many tomes on social media ),prepare food of his seniors.So here is a person who has in his blood the commitment to cleanliness.
             The PM has shown his vision and commitment,it is now our turn to fulfill his vision and restore our nation to order.Falacy is,no body wants to live in unclean environment but still it is taboo for everybody not to clean his surroundings.One does not feel shy to tell others about and condemning the unclean environment but he is not prepared to take the broom even symbolically.In fact, it should be a matter of habit of keeping our environment neat and clean.When some important guest is likely visit our place,we run helter skelter to clean our surroundings as he feels embarrassment in showing his dirty surroundings to his guest but once the guest leaves,he is back to square one.Why cleanliness should not be part of our life.
              I do not hesitate to repeat what I had written in my earlier blog " Sine Qua Non " wherein I had described how children are taught citizenery responsibilities from childhood.My daughter lives in Canada.When her daughter was two and half yes.she was put in a play school.My daughter was paying Can$ 250.00 per month.It is a big amount.I met my granddaughter for the first time when we went to Canada last year to celebrate her Third Birthday.We were amazed to see the behaviour of a three year child.This year we again went to Canada to celebrate her Fourth Birthday which falls on May,16.She was completing second year in play school.The way she behaved and fulfilled her citizenry responsibilities was amazing.She would herself follow her good habits,at times she would tell me also:- Grandpa do not do this,Grandpa you should do this.I felt around of her.In two years she was hardly taught to recognise alphabets and numbers but she became perfect citizen at the age of four.
                 Suffice to say,we have to teach good behaviour to our children from their childhood.So far elders are concerned,law enforcement agencies have to ruthlessly enforce the rules without any mercy.Politicians have to keep their hands completely off from interfering with the law enforcement agencies.After all now bikers are using helmets by and large.Car drivers are using seat belts.People are not allowed to violate traffic signals in Delhi.But go to Noida or Faridabad or Gurgaon,these rules are seldom followed.I feel like fool when I drive in Noida as others hardly follow traffic signals.
              To conclude, I only appeal to friends to follow and abide by all the norms which we expect others to follow.When we go abroad,we follow all the rules as there law enforcement agencies scare people but the moment we land India,we forget all the norms.Let us teach our children good norms so that it keeps reminding us also the norms.
                I hope by our honest efforts,we contribute and help PM Modi to realise his vision of Swach Bharat and pull India to the level of a global country.
            The Government are setting apart a huge amount of Rs.200000 Cr.for creating infrastructures of cleanliness in rural and urban areas unlike Sheila Dixit's vision creating public conveniences at inconvenient places in Delhi and that too keeping it locked all the time.

SINE QUA NON

                                     SINE QUA NON

           Complete fulfillment of citizenry rights coupled with enforcement of law and order are sine qua non for a civilized society in every corner of the globe.A relaxed state of affairs on either front will make any civilized country into India-Pakistan- Bangladesh where there is neither law and order or concious fulfillment of citizenry rights.Every citizen is supposed to be watch dog of others rights and observations of all civic obligations.At the same time Courts have to be fully geared up to fall heavily on wrongdoers quickly.Both the aforesaid aspects are absent in our country.
          Go to any public place,one finds that nothing is in order.All pavements are illegally occupied by shop owners leaving no place for shoppers to walk in the market.You can not question anybshop keepers as all other shop keepers will pounce on you.You can not even lodge complaint to civic authorities,either they are not visible or if they are visible,they will plead "what can be done ". Police presence is recorded but those uncouth Policemen are not to serve you but to win their weekly fees.
           Go to any Court premises in any sub divisional or district places,you have to start paying to the court staff for any thing and every thing.It is not that the Presiding Officers do not know what is happening.They are part and parcel of the loot.You can not lodge any complaint to any one.You have to merge with their demands and spend the day.It is not that only you are paying illegal gratifications,every one is doing the same thing.All promises made to Anna Hazare  that we will not indulge in any kind of corruption evaporated within a few days.Life became normal where corruption is part and parcel.
             Go to any government offices, every citizen is found giving bribes to get the work accomplished, you can not raise alarm their as you will be thrown out by your fellow citizens as you will be hindrance in their performance of task.No ration card,no driving license, no birth certificates are available without paying bribes.As citizen,we do not make any grievance of it as we know there is no remedy against these malaise.
               Our Courts are not fully geared up to hear the grievances of the citizens and force the authorities to deliver in rightful manner.It takes years and years to receive verdicts from the Courts.This has added to rise in corruption all around.
               I have been going to US and Canada for couple of years during summer vacation of Supreme Court to stay with my daughter and her family.There scenario is quite different.I find every one is so courteous,observes all civic obligations,they are always conscious of and fully aware of others rights not being trampled. The are quite cautious in public places,fully aware any wrong doing will land them in deep trouble.The Law Enforcement Agencies are merciless and enforce law mercilessly without any interference from any quarter.Politicians dare not interfere in their duties.
               My three- four year old grand daughter is taught all civic obligations by the teachers.My daughter used to pay Can$ 250.00 per mensum to get her daughter trained in citizenry obligations.In two years she has hardly learnt alphabets or numbers but was made perfect in citizenry obligations failing which she will be quite misfit in the society.
              Suffice to say pressure from the citizens and the Courts alone can keep ours a civilized society.Both pressures are sine qua non for maintain an orderly society.PLEASE ASK YOURSELF ARE WE CONTRIBUTING TOWARDS AN ORDERLY SOCIETY?

WOULD INDIA CARE ?

                                  WOULD INDIA CARE ?

        THE startling revelations by ex-CAG Vinod Rai in his book "Not an Accountant...." and his conversations with Arnab Goswami coupled with press report of TOI of Sept.12,2014 would force you to ponder whether you really care for India.The sum and substance of accusations are complete sale off of our national resources,be it 2G or Coal or Commonwealth Games or Air India purchase of Aircrafts or Augusta Helicopter Deal etc.The central figure who was responsible for all the squandering of resources appear to be Dr.Man Mohan Singh the Puppet Prime Minister of India for 10 long years.
          All the bucks stopped at him but he cared two hoots for it,continued to enjoy the bribe he was getting for letting his puppeteers plunder the nation.He was neither blind nor deaf nor dumb.Whenever his integrity was targeted he spoke and spoke very loudly that he was completely clean but it was his coalition dharma which tied his lips. He knew nation was being plundered but he maintained stoic silence and allowed plunder to go on.
         Sri Vinod Rai says:-
                 " There is no question of targeting him.For 2G and the Coal case.he was the PM and issue reached him.He was certainly in the know of things.In the 2G case all the letters written by A.Raja indicated what he was planning to do and the PM,unfortunately, gave very routine reply to him.
         On the coal issue ,it goes to his credit that the moment the then coal secretary Parakh made it known that the screening committee procedure was leading to windfall gains,pressure and lobbying,he understood...........................
        However,I hasten to add that despite having agreed upon to change the procedure to Auction in principle,the Coal Minister Dr.Manmohan Singh  did not do anything to stop windfall gains,pressure or lobbying as he was himself under pressure to allow such windfall gains,pressure or lobbying.Would you believe,218 coal blocks were allotted without a penny coming to the state exchequer. Most of the allottees are just sitting on the coal blocks without working on it and the Puppet PM continued to import millions of tonnes of coal.This was the wisdom of economist PM.
         Now let us take the case of purchase of Aircrafts for Air India.The Board passed a resolution to purchase 28 Aircrafts but at the nudge of the Minister Prafull Patel 68 Aircrafts were purchased at the extra costs of 38,000 Cr.The Air India came under the debt of 97℅ which made it completely unviable. As there was no need of so many aircrafts,they had to be sold at the rate shirts or trousers, Buy One and get Four free.Five aircrafts were sold for the cost of purchase price of new aircraft.Such a huge plundering was done in Civil Aviation Ministry without any intervention from PM.
          Similar things happened in Commonwealth games,Augusta Helicopter deal etc.but the PM would not even care to look at those allegation.On the contrary,he did not allow Suresh Kalmadi to be removed from the Games till Games were organised.
           If my memories serves me right,Dr.Subramaniam Swamy had accused openly Sonia G ,Karunanidhi and A.Raja having made huge money in 2G scam.There was no ripple on the face of any congress leader.They shamelessly continued to defend the leadership.Today also I heard Sanjaya Nirupam and Sandip Dixit abusing Sri Vinod Rai for having named them for putting pressure on him to exclude the name of PM.
              These bizarre things can happen only in India as India does not care for it.Had it been any Western Country,Dr.Manmohan Singh would have landed in jail for all his acts of ommission and commission. But we do not care for it.Neither we will get the trail of money where they have gone or there will not be any action against Dr.Manmohan Singh.He would continue to live on tax payers money throughout his life.

RIGHT TO FREE EDUCATION

                            RIGHT TO FREE EDUCATION

       Right to free education for the children between age of 6 to 14 years are very fundamental for the development any nation.An illiterate nation can never advance and shall always remain poverty and corruption stricken nation.India has also not advanced on the front of literacy much.There are certain States in India like Kerala,Sikkim etc.which have obtained the optimum but literacy is still at minimum level in most other states.I may venture to say that the Governments,Central or State have not endeavoured to provide enough funds for opening adequate number of schools in the country to provide education to the children.It has been an abject failure on the part of governments.
        Just compare it.My grand daughter who is born and lives in Canada was registered in her neighbourhood school the day she was born.From the age of 2 and 1\2 yes.she started to go to a Play School where my daughter had to pay Can$ 250 per month as she wanted to keep the daughter engaged.But when she completed 4 yes.my daughter was invited to admit her in a regular school in the neighbourhood.The school was and more children were to be admitted,the school started adding new rooms in the school with the result it has become a huge school but it has admitted all the children in the school.They have not taken the excuse that they have no funds to raise further construction.The State was aware of its obligations.In Canada,education and health care are free for all its citizens unlike ours.Now from Sept.4,she has started going to her regular school.
         Here also,many children get free education but most of the children do not either go to school as there is no school in the neighbourhood or there is no incentives to go to school.Midday Meal is  one incentive to attract to the schools but inadequacy of of proper schools, lack of facilities,absence of infrastructure at the school such as black board,teachers,toilets,drinking water are some of the reasons children are not interested in going to school.
       Ultimately,The UPA Govt.enacted The Right to Education Act,2009 to fulfill States obligation to provide free education to children.The RTE Act was challenged before the Supreme Court wherein many contentions were raised and answered by the Court in a case entitled Society For Unaided Private Schools of Rajasthan Vs. Union Of India ( Reported in 2012 ( 6 ) Supreme Court Cases 1 ) where the Court laid down as under:-
        311.( 1 ) Art.21-A casts an obligation on the State to provide free and compulsory education to children between 4 Yrs.to 14 yrs.
              ( 2 ) Right of children to get free and compulsory education can be enforced against the schools defined under S.2 (n) of the Act but not against any unaided minority or non minority schools.
   .........................................................................................................
             ( 5 ) The appropriate  Government and Local Authority have to establish neighbourhood schools within the time limit stipulated under the Act.
           There are many other directions issued by the Court to implement the RTE Act,2009 but suffice to say whether the Appropriate Government and Local Authorities are opening adequate number of schools in the neighbourhood to admit the children.
          As a good and responsible citizens we must see to it that the directions of the Supreme Court is implemented and the Appropriate Government and Local Authorities are not allowed to sleep like Kumbhkarna.We keep a watch on our neighbourhood whether new schools are coming up or not and whether all children are being admitted to the school or not.
          Let us fulfill some obligation on our part to awaken the authorities to abide by the direction of the Court.Let us be conscious of our obligations.

NEHRU's FICKLE MIND

                            NEHRU'S FICKLE MIND

       I was just 13 years old( Born in 1949 ) in 1962 when China humiliated India.I hardly recollect the details of what happened then except that there was a sence of fear and anguish during that period.I was living at a small place called Sonepur in Saran District of Bihar.Sonepur then was famous for its longest railway platform in India and biggest Cattle fair in Asia.We had description of Sonepur in our school curriculum. It was a huge District for Railways.My father was in Railways.
        At the break of war with China,people started talking about the casualties suffered by our forces,sale is news paper had increased,newspaper then used to fetched from the A.H Wheelers stall from the Fly.platform.My father had deputed me to fetch news paper from the Rly.Station every morning.At the news paper stand,elders would elaborately discuss about what happened in the war a day before and the casualties suffered by our forces.Except vague recollection I do not recollect the details of war.However,I have read several books on Indo -China war and know much more than a common man but not from my memories of those days.The second source of information's used to be collected from Radio which my father used to hear regularly.He used warn us that now the news bulletin is going to come so we were supposed to maintain silence in the home.
        The other day I finished a biography of Sardar Vallabh Bhai Patel written by Sri Balraj Krishna,a well researched book on Sardar Patel published by Indus Source Books in India in 2012.The book discloses startling informations which I wish to share with my friends for which purpose I have written this blog.At page 238 of the book Dr.Radhakrishnan's statement appears wherein hi said as follows about Nehru:-
           " The people listened to Nehru,while Nehru believed the Chinese" His was a lost mind,and he suffered physically too.He was not the same,:ever youthful and sprightly.But hi did not want to leave his seat of Prime Minister ship.He preferred to continue in that pathetic state of mind and body till his death at the end of May 1964.Had Nehru listened to Patel,India's power and prestigue would have been far different. Nevertheless, some may console themselves with the thought:Destiny governs the lives of individuals and nations.
           Crestfallen after humiliating defeat,Nehru confessed that he had been touch with the realities in the modern world and living in an artificial atmosphere of our own creation.Nehru further admitted  that he " did not trust them one bit......they are arrogant ,deceitful, hegemonists and a thoroughly unreliable lot.we can not trust them at all .They are inimical to us......."
         Same is still true for Chinese till today and PM Modi has started a true and realistic strategy about China when he started visiting all the Nations unity of which may send a signal to China to behave well in future.
          

SENIORITY FOR CJI's APPOINTMENT?

                     SENIORITY FOR CJI's APPOINTMENT ?

     TOI( Delhi Edn.DT.24 August 2014) carries a write up by Markandeya Katju J. Former Judge of Supreme Court of India and presently Chairman of Press Council of India wherein he says that for appointment to the office of Chief Justice of India,merit should be the criteria and not the seniority.He quotes many examples of US Supreme Court and UK's highest Court where people of exemplary merits were appointed as Chief Justice and they excelled in their persuit.He quotes the name of Earl Warren who was not part of the Judiciary as he was Governed of California.Warren no doubt exceplled as Chief Justice of US Supreme Court.The present Chief Justice John Roberts was not even a Judge of US Supreme Court when he was appointed Chief Justice of US Supreme Court.John Roberts is very efficiently leading the US Supreme Court.These examples are undoubtedly leading examples.
         But Katju J contradicts himself in Indian context that when M.C.Chagla, Chief Justice of Bombay High Court was proposed to be appointed directly as Chief Justice of India,all the judges of the Supreme Court threatened to resign en block. He further forgets that when a person is appointed as a Judge of High which is feeder cader for Supreme Court,is he appointed strictly on merits or there are various other considerations? Certainly there are many other considerations.Caste factor ,community factored,sex factor,regional factors are a few considerations which eclipse the appointment on merits.
          He has also forgotten that a little slackness on the part of other judges lead Mrs.Indira Gandhi to effect first supersession in 1973 when A.N.Ray being number four in seniority was appointed Chief Justice of India resulting in the resignation of three senior most judges of the Supreme Court.There was huge uproar in the Bar and in the country which had shaken confidence in Indira Gandhi.Justice H.R.Khanna was supercede and not appointed Chief Justice and Justice M.H.Beg was appointed Chief Justice not because Khanna J was less meritorious than Beg J.Khanna J was punished for upholding the rights of life and liberty in Fundamental rights Case( ADM Jabalpur's Case ).
           I would like friends to recall that when John Major was PM of UK,his son was arrested for certain violation and was brought to the Police Station.The officer in Charge called the father of the erring boy who was Prime Minister to the Police Station was given a warning by the Officer.The Prime Minister accepted the warning and son was let off.Also recall when George Bush was President of US,his daughter was arrested for drunken driving and was brought to Police Station She had pay the penalty before she was let off.The President could not influence the course of dept.of justice.ARE SUCH THINGS POSSIBLE IN INDIA?
        A LITTLE DEVIATION FROM THE SENIORITY RULE WILL GIVE ENOUGH ELBOW ROOM TO TINKER WITH THE HIGHEST OFFICE IN JUDICIARY.
        So long Seniority Rule is adheared to,we get good Chief Justice or bad chief justice but once the seniority rule is abandoned,there will be horse trading for the appointment and I shall not be surprised that one day the office will be mutely auctioned.I am making this statement in full since and fullest responsibility as a member of the Bar having spent more than 41 yes.at the Bar.For the shake of dignity of office of Chief Justice and dignity of written words,I am refraining from making statements which may not behove me well.

A Letter To Law Minister

                      A Letter To Law Minister

  Dear Law Minister,
          I send my heartiest congratulations to you for showing exemplary courage,wisdom and professionalasim shown in piolating the two bills amending Article 124 of the Constitution relating to the appointment of Judges and for setting up Judicial Commission and that too with God speed that in just three days both the bills were passed by both Houses.
       I also congratulate NaMo for his resolute determination in going ahead with the two bills.Such controversial subjects were aimed by him and it was accomplished.No politician ever dared to put his hand in the jaw of a Lion but NaMo took the courage and did it with unanimity.
         When the second matter was going to open before Nine Judge Bench, we expected that the then Attorney general would ask for review of the Advocate On Record case of 1993 but Sri Solo J Sorabjee as Attorney General got up to inform the Court that he is not asking for reconsideration of the Judgment by which Constitution was rewritten by 5:2 by Supreme Court snatching away the power of appointment of Judges from the Executives as was originally envisaged under Article 124 of the Constitution.The innovation of the Judiciary was hailed by all as if the Judiciary got the most prized catch.Ahmadi and Punchi JJ had rendered dissenting judgments which were not taken in good taste.
         When the first Judgment was rendered in 1993, I was Hon. Secretary of the Supreme Court Bar Association and thus at times sitting on driver's seat at times.I used to have direct interaction with many players and have had direct access to many facts which are burried in my head and I can not disclose them as many players had confided with me in confidence.But I can say now with my 41 yes.of practice at Supreme Court level with some knowledge of functioning of the Government as Advocate General for a few yes.that when big cases are decided,some Judges have their personal agenda to peruse.It happened in S.P Gupta's case wherein I represented Bihar State Bar Council.
           In 1993,when AOR Case was going to be decided,the next CJI was going to be someone whose wings had to be clipped.The Judgment was used as a device to accomplish the cut task forgetting that the incumbent was going to be so smart that despite fractured recommendations,all desired appointments were obtained through the help of Executives.The two Judges sitting on two flanks of Court 1 remained always aghast.All these facts are within my personal knowledge and as Law Minister you can verify the records of 1994-1997.
         What I mean to say is that it was a sinister design to create a Collegium in 1993 which failed in all respect.I was watching Live the proceedings of two House and I was aghast to find that amongst Legislatures there was not even one defender of Collegium System.All members one after another spoke ill of the System.Sitting in two Houses and listening to the debates you must also have had the same feeling as I was having.All those who had propounded or Authored or Signalled the System had later on condemned the system except that all CJI 's have been defending the System.
          This was only to give vent to my feelings and not to educate you.You are wise enough.I hope the new system put in place without any further loss of time.
                With warm regards,
                                                               Affectionately Yours'
                                                           
                                                            (  Ashok Kumar Srivastava, )
                                                                 Senior Advocate,Supreme Court.

Corruption In Judiciary

                      Corruption In Judiciary

      I fully endorse the painful statement made by the Chief Justice Of India R.M.Lodha today while disposing of a PIL that if Society is not perfect,we are also not perfect.We are also part of the society and society is reflected in us also.He further said that there is a smear campaign to malign the Collegium which have final say in the appointment and transfer of  the Judges.
         Ever since the Executives have mooted the idea of National Judicial Commission, the Supreme Court have resisted the formulation.As Katju J again blurred out about Corruption in Judiciary and blamed the CJI's of having done nothing to root out corruption except transferring the erring Judges from one High to another but never made reference for their impeachment, raises certainly an alarm.Corruption in Government is not a new phenomenon, it is there since its inception but Corruption in Judiciary is alarming.We hear whenever a Judge is transfered that there were allegation of corruption against him but it rest at that.There had never been in house inquiry against the erring Judge,the after transfer remains under cloud for ever,he also never demands that if he is transfered,simultaneously there should be a probe too.The vicious circle keeps rotating without any result.
          In the past also CJI's have made disclosures about corruption in Judiciary.Late Venkataramaiah after he retired as CJI made a startling statement that 90% of the Judges wine and dine.Chief Justice Bharucha made the statement that 20% Judges are corrupt.Recently Katju J disclosed about the charges of corruption against a Madras Judge Ashok Kumar.These statements shake the confidence of public in Judiciary.To that extent CJI Lodha is not right that there is a smear campaign against the Judiciary.No serious effort has been made by Judiciary also in addressing this Cancer of Judiciary.One corrupt Judge is enough to shake the very foundation of the Judiciary,Katju J named five corrupt Judges from Allahabad High Court.Judiciary is like a white sheet where a small blot is visible.Where a sitting CJI said that 20% Judges are corrupt,what serious effort was made to arrest the corruption.Katju J is right in saying brushing under carpet constantly make it more visible.
          Other day I was talking to a retired Judge of the Supreme Court who said that wrong judgments are not obtained by corruption rather for doing right thing Judges in Lower Judiciary demand money.This is more condemnable.
          Any way,now there should be any relaxation on the part of Executive,Legislatures and Judiciary curb this mailese for all time to come.The Modi Government must go out whole hog to address this problem of the Society.

The Shameless Erring Judge

                       The Shameless Erring Judge

        The reports by Times of India this morning about the ugly conduct of the Administrative Judge of Madhya Pradesh High Court at Gwallior Bench brought shame to the entire legal fraternity.I hang my head with shame over this conduct of a sitting Judge of the High, that too against an officer of Madhya Pradesh Higher Judicial Service posted at Gwallior.She was chairperson of Vishkha Committee against the sexual assault.She had to quit the the office of Additional District and Sessions Judge ,Gwallior and a brilliant carreear came to an abrupt end.Just imagine how miserable and defenceless the women officer must have felt over the sexual harrassement she had to undergo those days.
        The erring Judge is Justice Surendra Kumar Gangele posted as Administrative Judge at Gwallior Bench of High Court.I rang up a friend at Gwallior just to find out whether the Judge is still sitting in Court and I was astonished to know that the Judge completed his business listed before his Court.The Chief Justice of the High Court should have delisted him from the conduct of business of the Court.It appears to me that the Chief Justice has not taken the matter seriously enough.
          In 1990s there were allegations against a sitting Judge of the Supreme Court namely Justice V.Ramaswamy .The allegations were of financial irregularities during the period when he was Chief Justice of Punjab and Haryana High Court.Then I was Hon.Secretary of the Supreme Court Bar Association.We made representation to the then Chief Justice of the Supreme Court Justice Sabyasachi Mukherjee.On our representation, the Hon'ble Chief Justice took off the Judge from the cause list of the Court namely the Judge was not allotted cases to be heard by him in the Court Room.The Judge used to come to Supreme Court and just sit in his chamber till 04.00.
           Those days series of meetings used to be held on the requisition signs by the members of the Bar for or against the Judge. A political Party was backing him up which ultimately bailed him out when impeachment motion was moved in Parliament and the Judge had gone scot free despite findings of guilt by an enquiry committee of the Judges presided over by Justice P.B Sawant.
             When the matter misconduct on the part of Justice Bhattacharjee,Chief Justice of Bombay High Court came to the fore,it was ruled by the Supreme Court that an in-house inquiry can be held for reaching a primafacie conclusion of the guilt of the judge.Hopefully,the Chief Justice of India will take this route.Thereafter,CJI can give permission for the prosecution of the under section 154 of Indian Penal Code as he has committed the offence of sexual harrassement. The permission of the CJI is mandatory under a judgment of the Supreme Corurt rendered in Veeraswamy's case.
        The Constitution lays down procedure for removal of a sitting Judge of the high Court under Article 124 and 217 according to which a Judge can be removed from the office by way of impeachment on a motion moved in Parliament.Before that an inquiry has to be held by a committee of three Judges, a sitting judge of the Supreme Court,a sitting Chief Justice of a High Court and a judge of the H.C.This shall give full opportunity to the erring Judge to defend himself.If  he is found guilty,then the report shall be sent to the President of India who shall send the motion to the Parliament for impeachment.There also the Judge gets an opportunity to defend himself.
         The procedure of impeachment is encumber some that it takes considerable time.In 1996-7,this problem had arisen in the cases relating to Justice Bhattacharjee,Chief Justice of Bombay High Court and Justice Vijaya Bahuguna,another judge of Bombay High Court.There were several serious complaints against them.The then Chief Justice of India Justice took a novel route and held discreet enquiry against them,collected lot of materials against them and confronted them with those materials and forced them to resign and got rid of them.
          I am told that this Gwallior Judge had earned the notorious reputation of specially by at as swing women judicial officers.awhile he was sitting atvIndore Bench,he was caught red handed but the case was hushed up.I have no concrete proof of such allegations and my allegations are subject to verification but members of the Bar at Gwallior are not very happy with the conduct of this Judge.
         I hope,stern and timely action is taken against this erring judge to restore confidence in the Judiciary.

Fast Tracking Cases Of Legislatures

                            Fast Tracking Cases Of Legislatures.

      "Politics ,Politicians and Surrounding should be clean" -This is desired by everyone including our Hon'ble Judges who have rendered invaluable judgments in the recent past which created  ripples in political circles.Some prominent politicians were debarred from the membership of the House and were prevented from contesting recently concluded election.
        The steps taken by the Supreme Court in cleansing the politics and medias far cry forced political parties to make solemn promises to keep the politics clean.Cabinet presided over by Dr.Manmohan Singh decided to safeguard the membership of some politicians boiled the blood of one Office bearer of a leading political party running the last government to call the Ordinance a Nonesence and presents theatrics to tear it apart.That was the salutery effect of the Judgment of the Supreme Court.
        Sri Narendra Modi the then Prime Ministerial candidate of BJP made an election plank to tell the people in many public meetings which he addressed seeing electioneering that if his party comes to power,he will make a request to the Hon'ble Supreme Court to fast track all the cases pending against the legislature so that they are either ousted from the House on the finding of guilt against them and if they get acquittal, the stigma would go.This one promise amongst other promises also persuaded people to vote stunningly in favour of Modi who became Prime Minister with majority of his party.
          As a gentleman politician,Sri Modi to keep up his solemn promise to cleanse the legislatures,made a request to the Supreme Court through Ld.Attorney General to fast track the cases pending against the legislatures which was declined by a Bench presided over by by Hon'ble Chief Justice on the ground that fast tracking cases of legislature will delay other cases which are pending against other accused.The Ld.CJI reminded the Attorney General that Judiciary lacks manpower and infrastructure to cope up with pendency.No doubt,pendency of criminal cases are hampering the rights of the accused who are languishing in jail for longer period than that  if they would have been found guilty.The Criminal Disposal System is in a very poor state rather I have no hesitation to say that it is in pathetic condition.
            I would  concead that all accused deserve equal treatment as Speedy Trial is fundamental right of every accused and that fast tracking one set of cases will certainly delay other set of cases.I would also concead that Judiciary lacks manpower and infrastructure but the demand of the Ld. CJI calling upon the Government to provide better manpower and infrastructure to enable the Judiciary to fast track the cases of Legislature.
         Here I have a caveat to lodge.Fast tracking the cases of Legislatures is need of the hour as clean politics and politicians are desired by everyone including the Courts.Though the rights of a pick pocket and Legislature are equal but a clean politician will administer the nation better than a politician who is under a cloud.A politician who is part of Legislature must be above all suspicion and the nation must back him fully to prove his innocence so that he can administer the nation without any sence of guilt.Secondly,if the manpower and infrastructure have been in poor state,no government can improve it in one day.Judiciary had been always treated as step son on whom no government wanted to spend though Judiciary screamed for it from time to time.
          My submission ,therefore,is that the Hon'ble Supreme Court ought to have given a fair chance to the Legislature to prove their innocence failing which they deserved disqualified.

Appointment Of Judges.

                                 Appointment Of Judges

          However aloof you may be from the Courts,Lawyers and Judges,still your life is influenced by Judges;sometimes directly if you are a litigant or indirectly when Judges decide important questions of law and thereafter,executives implement those directions of the Court.Many of us have not witnessed the Proceedings in Courts to realise how debates go on in the Courts and how lawyers put in their hard work in presenting the view point and how much Judges exercise their minds to come to a conclusion as he knows the judgment is going to influence the lives of millions of countrymen.Umpteen number of maxims or principles of law and precedents come in their way to obstruct their thinking's so that they are not wrong or they do not lay down wrong principles as the ratio of the case become binding precedents for all Courts and Hans are tied to decide only in that manner and in no other manner.
          It is not that the principles once laid can not be altered or varied but normally Courts are loath or reluctant to deviate from the principles already enunciated.Once a principle is followed in large number of cases,it becomes more difficult to deviate.In the past,several cases are reconsidered by larger benches and new principles are laid down.This is being followed by the Courts through out the world.
          In the above premises,appointment of Judges should be considered.There have been always two sources of appointment,members of the Bar are directly appointed as Judges and members of the Judicial Services are also elevated to High Courts.Normally from Services when they are appointed,they are appointed from the Cadre of District and Sessions Judges who come to High Courts at the very fag end of their career. Very seldom Service Judges reach Supreme Court level though there had been few distinguished Service Judges who not only reached Apex Court,became Chief Justice of India.
          When Services Judges are considered for appointment,their entire service records are before the Recommending and Appointing Authorities.It is much easier.However,when a member of the Bar is considered for appointment,that pose a problem because of independence shown by the Advocates in their long professional career.
           Constitution of India under Articles 124 for Supreme Court and under Article 217 for High Courts lay down the procedure for appointment of Judges.Before 1980 ,there were not many problems in appointment as the Chief Justice of the High Courts would send the recommendations to the Executives and invariably appointments used to go through.It would be the duty of the member of the Bar to honour the words of the Chief Justice if he called upon the member of the Bar seeking his consent to be a Judge.No member of the would refuge the call of duty.Even the Chief Justice of the High Courts would feel confident in recommending the names.The day his consent is taken,he would thereafter refrain from appearing in Courts.
            But  upsetting the election of Indira Gandhi on corruption charges by Justice Jagmohan Lal Sinha of Allahabad High Court changed the scenario and when She came back to power in 1980,controversies started.Indira Gandhi was intolerrent of Judiciary which lead to infamous supercession of Judges in 1973 and appointment of A.N.Ray as Chief Justice of India.Before Shah Commission there was a case of Justice U.R.Lalit ,a judge of Bombay High Court who was not confirmed which was cited as one of the emergency excesses.Indira Gandhi was always upset with Judiciary as it did not behave like an obedient child and always asserted its independence.
            Many methods were deviced by Mrs.Gandhi to pack the Courts by her henchmen and she succeeded through two Law Ministers Sri P.Shivshankar and Sri Hans Raj Bhardwaj.But still it was not possible to infect the entire Judiciary.But A few infiltration itself was bad enough.Such a fear phycosis was let loose by her that even a Constitution Bench of the Supreme Court lost its glory in fundamental right case( ADM Jabalpur Case ).Judge's transfer also became a boiling issue in 1980s when inconvenient judges would be transfered without consent.
       Then came 1990s when a question was raised as to who should have primacy in appointment of Judges,the Executives or the Chief Justice of India.A seven Judge Bench of Supreme Court by majority of 5:2 held that a collegium of Three Judges (  Later Five Judges ) shall have primacy in appointment of Judges.It was laid down that to maintain the independence of Judiciary it is imperative that unanimous recommendations of the Collegium of the Supreme Court shall have primacy and the Executive shall be bound to appoint the Judges.
            The Collegium system became a tool in the hands of Supreme Court to appoint Judges of their choice and the executives just remained an onlooker.After 10 years it was realised that Collegium is not functioning with transparency, latest was appointment of Justice Ashok Kumar of Madras High Court who was perceived to be corrupt.Justice Katju raised this issue of 2005 appointment now.Suffice to say,the Collegium System had not developed any institutional safeguards and it was lacking in transparency.
            For the last few years a National Judicial Commission is being talked about which every government proposes and the Supreme Cort always opposes.The Commission is still in formative stage and consultation process is still going on.Unless it takes some shape,it will not be prudent for me to comment upon.

Judging The Cause

                                      Judging The Cause
    
         Judges' primary duty is to judge the cause between two or more litigants,sometimes between individuals and sometimes between the Government and the private litigants.While judging the cause the Judge is supposed to be impartial and dispassionate. No extraneous material or influence should creep into the considerations.If such thing happens,his opinion becomes vitiated by extraneous considerations.Any first year law student knows these principles.
        Compassion is hallmark of Justice. Human considerations are above law.Equity supplements the law.These are some of the principles which are accepted worldwide. A Judge has to strike a balance between the above principles.
      In 1977,the Supreme Court elevated a Judge from Gujarat High Court who was embodiment of all the qualities of a perfect Judge.Justice D.A.Desai was a perfect gentleman,very learned,very compassionate and a very hard working.Would you believe,if he had 50 cases in his Court,he will read cover to cover all the Paper books. We would be astonished by his grasp of facts.He would not faulter even once on facts.He was very argumentative but very logical in his approach to the cause.Sometimes he would frighten the Counsel who is arguing against his wavelength of thinking.His heart would throbb for the weaker section of the society.If a poor client had lost in all the courts,still he would find something in his favour and grant relief to him.He had become virtually God on earth for them.If the tenant was poor,he will go with him.But if the landlord is poor,he will grant relief to him.He was always for the labour force and against the mighty Management.
         His fame travelled to all the litigants throughout the country.He became hot cake for them.A race started in the Supreme Court how to get the cause brought to his Court.Counsel started becoming redundant and litigants would lay more stress on the cause being brought to his Court.Money started flowing in the Registry of the Supreme Court.Important was Pay and get the case listed before his Court.
         In 1981,I was Hony.Treasurer of Supreme Court Bar Association.I was pretty junior at the Bar but had won the election.It was April 16,1981when the election was held.That was the when my son was born in Moolchand Hospital with the result I had not gone to the Supreme Court as I was in Hospital.But still I had won the election.
         We had Y.V Candrachud as Chief Justice of India.A delegation had gone to see the Chief Justice,I was part of the delegation.After the meeting came to a close,I took courage and told the Chief Justice about the corruption in the Registry.He heard me dispassionately and asked me to report to him after two weeks.I reverted to the Chief Justice after two weeks.By then noose was tightened in the Registry to some extent but litigants would always find some way out to get the cases listed before Justice Desai.
          Justice Desai's commitment to down trodden was always taken advantage of by the litigants.Law Reports of that period would bear the testimony of the tilting of law in favour of weaker sections of the society.This course was corrected by Sabyasachi Mukherjee J.later on and Supreme Court struck balance.
       The purpose of my writing this blog is two folds.Firstly,Judges duty is so delicate in judging the cause that a small deviation may pervert the law.Secondly,a Judge always walks on razor sharp path which causes injury to the entire legal system.

MAHATMA`S BLUNDER

                                  MAHATMA`S BLUNDER

        In 1959,I was in 5th.Standard.We had a text book of English language carrying essays on great personalities of India.The first essay was on Mahatma Gandhi.It opened with the sentence-
        "If any one can be said to have won the freedom for the nation,he was
         Mahatma Gandhi."
   We were made to mug up the essay I still remember even after 54 years.Gandhi`s aura was so big then that no body could dare speak against him.He was darling of the masses.Probably,he still continues to be so but new generation having not heard so much about him,their concentration is more on Nehru -Gandhi dynasty only.Their idol ranges from Indira Gandhi to Rajiv Gandhi to Sonia Gandhi and Rahul Gandhi.Congress thought all their sins shall be diminished with the surname Gandhi.
            In 1946,Sardar Patel was almost unanimous choice for Prime minister ship but Mahatma Gandhi changed the course of history by mandating Patel to withdraw from the contest in favour of his favorite Pt.Nehru.Misfortune struck the nation,we were burdened with Nehru who with narrow vision did not allow the nation to grow in normal way,Russian Socialism was followed by him where everything was closed and the people did not get fair opportunities to go naturally,it was all state controlled,license and permit raj was the hall mark,economy moved very slowly,a few industrial families close to Nehru benefited from his rule but India did not benefit.It was a close economy,history was made to be written by his captive historians where Nehru was eulogized for great economic development,foreign policy was designed in such a fashion that India did not have upper hand,enemies showing up all around.Pakistan and China exploited Nehru`s weaknesses and raised their heads to the disadvantage of India.
            When Nehru era came to an end in 1964,there was lull for a brief period for the family when Shastri Ji became P.M but misfortune again struck India in 1966 when Shastri Ji suddenly died and Indira Gandhi became the Prime Minister who also followed old rotten Nehruvian Policy and made a captive governance.The misrule of Indira Gandhi continued till lifting of dreaded Emergency in 1977.People brought the Manta Party Government with great fan fare which could not sustain for more than 27 months and Indira Gandhi returned to power in 1980 till she was assassinated in 1984.Disaster was doubled when Rajiv Gandhi was first installed as Prime Minister without election for leader of the House and Rajiv Gandhi winning 415 seats in Parliament.With such a vast majority,he always remained uncomfortable for his full term.He was first P.M who suffered the allegation of corruption.
        Though,NDA government did fairly well but by narrow margin lost the 2004 election and UPA l and UPA ll remained in power for 10 years under a deaf, dumb and a blind Manmohan Singh which gave to this nation a most corrupt government under his umbrella.He came protection to all corruption and misrule,people suffered immensely.Then comes 2004 election giving hope to recover from the yoke of UPA.We thought Manmohan Singh was suffering from the compulsion of collision politics but now it has been revealed by Sanjaya Baru that it was not Manmohan Singh but Maa-Beta who were misruling the nation.Manmohan Singh was only a mask.
          The announcement of 2014 election brought Narendra Modi to the fore and BJP realized that it can sail in the boat of Modi.Modi became a phenomenon and he energized the nation with his untiring and aggressive campaign.In free India.no other political leader worked so hard as Modi has worked,Contineousely for 7 months he went to every nook and corner of the country addressing more than 450 rallies traveling more than 3 lakh Km.People profusely responded to the man who started his life by vending tea in train in Vadnagar in Gujarat.All political leaders of all hue heaped on him all abuses,he is most persecuted and abused leader in India.All opposition leaders were abusing him as if it was he who was misruling the country and people suffered misgovernance at his hands and condoned all the sins of Maa- Beta ki Sarkar.
           It appears to me that all leaders who indulged in corruption are mortally scared of Modi as they know they can not manage him as they were managing Maa- Bete ki Sarkar.The so called intellectuals are scared as they will not be able to  exploit Modi as they were able to manage SoniaG- RahulG duo.
        The nine phase 2004 election closed on 12 the.and the Exit Poll shown by all channels predicts Modi lead government on 16 th.When I traveled to Canada on May 10,I talked to some people at Heathrow,London and Toronto Airports.When I told them that Narendra Modi is an incorruptible leader and a man of vision of growth and development,they were very happy and satisfied and they wished me and India well.
          The blunder which was committed by Mahatma Gandhi in sidelining Sardar Patel and bringing a incompetent leader like Nehru is going to be corrected after 60 years of misrule by the people.The course correction is a laudable act by the people of India who rose above caste,creed and religion to bring in Modi and save the country from a retard RahulG.People deserve all praise for their courage and conscience ness towards their duty towards the nation.Mahatma who brought freedom failed to navigate the nation by derailing the nation at the first government formation level which the people of this nation have done now by electing a man who rose from the dust, remained incorruptible and dreamt of a vision for good governance.

DEAF,DUMB AND BLIND ELECTION COMMISSION

                        DEAF,DUMB AND BLIND ELECTION COMMSSION

       Never before Election Commission of India felt so much helpness as the Commission under Sampath is feeling now.The Commission no doubt is undertaking stupendous task of holding election in 2014, but it appears to have failed on three counts affecting the outcome of this collection.First,Pune voters complaind that lacs of voters did not find their names in electoral rolls, in other Constituencies also voters lodged this complaint in as much as Mr.Deepak Parekh`s name who happened to be Chairman of HDFC Bank was also missing.Preparation of electoral names is the responsibilities of the Commission and every eligible voter has a national duty to cast his vote but when names are missing the Commission fails the voter to perform their national duty.The Election Commission has been running a campaign to awaken the voters to vote in big numbers. Similar campaign is being run by different media houses to educate the voters to their national duty to cast their vote.
       Secondly, the Commission also failed to stop booth capturing in UP and Bihar,these two states always help parties to form government at the center. Commission have been put at their disposal huge paramilitary forces to help them conduct free and fair election but despite that even Modi had to lodge complaint at a public rally and challenge the commission to hold free and fair election.It is reported that elections were held in Yadav-Muslim in UP which is bastion of Mulayam Singh Yadav where booths were captured by Mulayam`s supporters and cast votes in favour of SP.
      The third most heinous complaint has been Commission stopping communalising the election.The Commission had been very quick in issuing notices to certain politicians who wanted to communalize the election and passed orders not to allow them to campaign but one bizarre case has been of Azam Khan,UP Minister who broke all barriers in public decency in his utterrences.He equated Commission with CBI as an arm of the government which functions at the command of the government of the day.Though he was ordered not to campaign but he still defies the Commission and campaigns.Another case of bad management is of that Beni Prasad Verma who had been abusing the opposition mouthful. Beni Verma appears to be an uncouth politicians who does not stick to any decency.He abused not only opposition but also Mulayam Singh Yadav from time to time in filthiest language unheard of.Salman Khurshid had been yet another case who constantly violates all code of conduct.
        Varanasi is going to be an acid test for Commission but my reading of the situation is that Commission is going to give a free run to all communal political leaders of every hue to play dirty communal politics.All Muslim leaders have decended in Varanasi to campaign against Narendra Modi.Congress have sent its all Muslim leaders such as Salman Khursheed,Gulam Navi Azad,E.Ahmad etc.,NCP have sent Nawab Malik,Maulavi Baba came from Ahamdabad , Maulavi Madani have all come to Varanasi to campaign against Modi.I can not complain against leaders descending in Varanasi to campaign but the question is,have these leaders come to campaign simplycitor and exercise their seculer credentials or they have come to communalize the election?Varanasi have sizeable number of Muslim population running into three and half lacs.Out of that around 70,000 are Shia Muslims who are likely to vote for Modi.Traditionally,Sunni and Shia Muslims are always at loggerhead,if Sunnis resolve to vote against Modi strategically,Shias will vote for Modi.All these Muslim leaders have decended  to stop fragmentation of Seculer votes which was proposed by Sonia Gandhi at the beginning of election campaign. These leaders have come to translate into action the communal plan of Seculer Parties.
         Would the Election Commission remain deaf,dumb and blind to the scenario obtaining in Varanasi?Do they not realize that the campaign of these Muslim leaders are going to be only on communal lines?Would the Commission intervene and take cognizance of the ground realities of Varanasi? My bet is Election Commission will maintain stoic silence in this respect and keep seeing the battle of Varanasi on communal lines.If it so happens,I shall not hesitate to say that muteness of the Commission amounts to encouraging communal politics.The claims of Ganga-Jamuni Tehzib so far claimed by the people of Varanasi is going to evaporate in thin air.It is all going to be Communal,Communal and Communal alone in Varanasi and Election Commission shall remain DEAF,DUMB and BLIND.