REDEFINE INDIA FOR A BETTER TOMORROW

REDEFINE INDIA FOR A BETTER TOMORROW

A LAYMAN’S THOUGHTS

(The views expressed in this write up represent writer’s own views and not of any organization or institution or any Party)

VISISIONS, MISSIONS AND SPEECHES

VISIONS and MISSIONS are useful for future planning but not for public consumption. They only hold out a future of high hopes and become oblivious to present pressing problems of the PEOPLE..
This is the order of day.
This is a promise to perform in future and not at present.
One should act to deal with PEOPLES present problems
Save millions of rupees being spent on advertisements on visions, missions, foundation laying, inaugurations, so called achievements etc. Self praise and publicity creates more doubts than confidence in PEOPLE.
One’s actions are good proof of one’s performance.
Speeches and talks only send negatives message because they are bereft of actions
Action is the only need of the hour.
Saving uneconomical public expenditure Is a good performance indicator on the part of the Parties and Public Leaders.

NATIONAL & LOCAL DISASTERS

Natural Disasters include Rain and wind storms, Natural Floods. Biological agents (micro-organisms, insect or vermin infestation), Earthquakes, Volcanic eruptions, Cyclone, Tsumani

Man-Made Disasters include acts of war and terrorism, Fires, Manmade Floods, Explosions, Liquid chemical spills, Building deficiencies (structure, design, environment, maintenance), Negligence and failures in Power Station and System Management.

Fury of floods in Uttrarkhand and in other parts of the country with unthinkable tragedies are lessens to learn.
Natural disasters call for preparedness while manmade disasters call for prevention.
Country has been witnessing manmade disasters every year since its Independence.
Both types of disasters are treated routinely and forgotten. Reliefs contributed by Government, various agencies and public each year are stated to be not reaching the affected population.
Manmade disasters are controllable once cause is established and constructive and remedial measures are put in place.
Manmade disasters can be controlled permanently through appropriate schemes, projects and measures with one time expenditure which will save substantial relief contributions every year.
Multiple agencies are making preparedness for natural and manmade disasters and their control and management more and more difficult,
Existing machinery and mechanisms have failed to meet challenges as evidenced by recent as well as past events.
Enact an exclusive and exhaustive law on Prevention, Preparedness, Control and Management of Disasters including accountability and penal provisions. .
Create “Ministry of Disasters Control and Management” to deal with natural disasters and manmade disasters.
Merge existing departments, bodies, agencies etc. in the new Ministry.
Bring NGOs seeking funds for and dealing with natural and manmade disasters within the control of new Ministry.
Pool financial resources allocations presently spread out among various Ministries, Departments for disasters control and management and place them under the sole control and management of the new Ministry.
Place all aids, grants etc. received from within and outside country for disasters prevention and relief under the control of new Ministry.
Demonstrate purposeful utilization of available funds to create trust which itself will ensure flow of more and more aid and assistance.
Earmark a percentage annual contribution from Prime Minister’s Relief Fund for utilization by the new Ministry.
Make New Ministry solely responsible for identification and assessment of areas prone to natural and manmade disasters and for initiating and implementing appropriate schemes and measures aimed at -

preventing permanently recurrence of manmade disasters
creating awareness, preparedness and prevention
minimizing loss of human and other lives and property,
Ensuring permanent rehabilitation of affected population with protective and proactive action and support.

Limit role and responsibilities of the new Ministry to only those areas prone to natural and manmade disasters and place the projects, schemes, measures etc. in respect thereof within the exclusive jurisdiction of the new Ministry
Advise all the States to establish an independent department of Natural and Manmade disasters prevention, control and management.
Central Ministry should aid and assist such department with supervisory powers and accountability report on the proper utilization of funds provided to the department.
Make provision in the proposed Act for formation of National Disasters Management Brigade managed by senior level retired military, para-military and police officers
Recruit young male and female cadre who should be trained with latest available technologies and techniques to make them capable to handle the situations at call with complete discipline and control. Similar Brigades also need to be formed at the States level.

NATION AND RELIGION

Secularism embedded in our Constitution before addition of “Secular” in its Preamble.
Constitution enshrined that all citizens are equal before the law and parliament and
No religious or political affiliation gives advantages or disadvantages and religious believers are citizens with the same rights and obligations as anyone else.
Secularism is a way of life –

One follows by one’s Faith for oneself seeking peace, progress and prosperity for oneself and the people of other Faiths – THE DIVINENESS - THE RELIGION
Divineness springs an urge for Love, Kindness, Compassion and Forgiveness – THE DIVINE.- THE GOD.
Two together make life merry and their separation misery.
Co-existence is the Lone Call of the Creator and cry of every Soul of Mother Earth.

Saints of all Faiths from time immemorial practiced and taught values and virtues of life – the spirituality - for one’s wellbeing and wellbeing of the society one lived with. Values and virtues of life so given to us by Saints of our respective Faiths remain valid for ever, it being our bounden duty to faithfully follow them.
Public leaders talk about secularism in a different voice.
Public leaders forget that all of us have same public life and same public places.
Their frequent repetition of secularism has overshadowed its essence enunciated in the Constitution.
Sooner the public leaders stop it better will be for the country
This helps us move hand-in-hand moving and ensure every citizen more and more progress and prosperity
Enables us to live with self sustenance, dignity and honor, the underlying dictum of secular living.
Public leaders need to realize secularism in that natural sense and strive for lifting PEOPLE to a secular status of dignified living.
Younger generation has many aspirations having toiled and boiled day in and day out for new opportunities that open up to prove their worth and earn their livelihood and secure a modest living.

PARLIAMENT AND STATE LEGISLATURES

Constitution does not state that Parliament is supreme.
Parliament is one among the Constitutional Bodies
Equality among the Constitutional Bodies is the foundational spirit of the Constitution. .
Each Constitutional Body has its own constitutional duties and obligations to discharge.
They together make the Constitution and Democratic Functioning..
Parliament has the powers to make laws and rules but there is no power vested in it to undo verdicts of Court of Law or opinions of the institutions created by the Constitution by another law nor the powers of the Parliament could be construed to imply such powers being vested in Parliament. Any such assumption would amount to precluding and preventing the Constitutional Body concerned from discharging its constitutional duty..
Parliament can amend the law to incorporate the implications and effects of verdicts of Court of Law or of opinions of the Constitutional Bodies.
Safeguarding the interests and security of the PEOPLE of the country is the obligation of each and every Constitutional Body.
Interpretation or opinion or rulings in matters of laws and rules of Parliament are made by Constitutional Bodies in discharge of their constitutional duties and by an institution established under a law, in exercise of powers vested in it under that law.
Parliament need to respect such interpretations or rulings or opinions in that spirit and its Members should not protest them or to speak about nullifying them by law. Any such action would amount to precluding and preventing the Constitutional Body concerned and institution created under law from discharging its constitutional duty..
Parliament determines by law salaries and allowances etc of the President, the Chairman of Council of States, Speaker, the Deputy Speaker of the House of People and other Constitutional Bodies.
Parliament determines itself by law salaries and allowances of its Members which, with all respects to Constitution makers, is constitutionally not fair.
Constitution itself clearly states that there shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People. Thus the Council of States and the House of People are part of Parliament and not independent of the President, as three together make the Parliament.. .
The executive power of the Union is vested in the President and is exercised by him either directly or through officers subordinate to him in accordance with the Constitution
Council of Ministers with the Prime Minister at the head is to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice: President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President has to act in accordance with the advice tendered after such reconsideration. This provision in the Constitution is with respect to exercise of functions by the President.
Subject to the provisions of this Constitution, the executive power of the Union shall extend—(a) to the matters with respect to which Parliament has power to make laws; and (b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement:
It is not disputable that the order of standing envisaged under the Constitution is President, Council of States with Vice President as its Ex-officio Chairman and the House of People headed by the Speaker.
Functions and executive powers of the President cannot be the same. President though is bound to act according to the aid and advice of the Council of Ministers in discharge of his functions but the executive powers of the President being other than the functions, the President is bound to exercise the executive powers vested in him under the Constitution either directly or through officers subordinate to him according to the Constitution and aid and advice of the Council of Ministers with respect to discharge of functions by the President is not applicable to the exercise of executive powers by the President.
It must be noted that the Oath and affirmation made by the President while assuming the Office of the President states “I will faithfully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India”. This duty is cast only on the President. The President is bound to exercise his executive powers either directly or through his subordinate officers, whenever called for, to uphold and honour the Oath and affirmation he has held out to the PEOPLE AND THE NATION and the Council of Ministers are bound by the executive powers so exercised by the President.
Salaries, allowances etc. of the Members of both the Houses should be determined by the President on the basis of joint recommendations of Chairman of the Council of States, Speaker of the House of People and the Comptroller & Auditor General of India. to maintain equilibrium among the Constitutional Bodies. Similarly, the Governor of the State should determine the salaries and allowances etc. of the Members of Legislative Council/Legislative Assembly on the basis of joint recommendations of Chairman of Legislative Council, where such Council exists, the Speaker Legislative Assembly and the Comptroller & Auditor General of India and, where, Legislative Council does not exist, on the basis of the joint recommendations of the Speaker of the Legislative Assembly and the Comptroller & Auditor General of India. .
Laws and Rules of are made by the Parliament and the Legislative Assembly on the subject matters as specified in the Constitution including law to conduct their business in Parliament/Legislative Assembly. They also make laws and rules with respect to the other Constitutional Bodies. The powers to make law to conduct own business by the Parliament/Legislative Assembly is also constitutionally not fair, with due respect to the Constitution makers. All the rules regarding functioning of both the Houses including conduct of their business and of their Members should be determined by the President on the basis of the joint recommendations of the Chairman of the Council of States, the Speaker of the House of People and the Chief Justice of India and, in the case of States, by the Governor on the basis of the joint recommendations of the Chairman of the Legislative Council l(where exists), Speaker of the Legislative Assembly and the Chief Justice of High Court, Such rules need to include rules of discipline and consequences of their contravention in the same manner as are made and applied for ordinary citizens. This will establish equilibrium among the Constitutional Bodies.
The provisions in the Constitution regarding the amendment of the Constitution are not consistent with the constitutional theme. Constitution comprises various organs. The Council of States and the House of People are two of such organs. These two organs only enjoy the entire powers of amendment of Constitution as per its existing provisions which empower them to make amendments in exercise of their constituent powers. This means that both these organs can take away the constitutional obligations, functions and powers vested in other organs of the Constitution or may abolish a constitutional organ altogether under their amending powers. Because, the constituent power vested in them does not have any checks and balances and have a very wide open ground. Basic structure or features of the Constitution have been made clear in judicial pronouncements time and again but the existing powers of amendment of Constitution do not incorporate any provision for such basic structure and features that should explicitly restricts exercise of the constituent powers vested in the two organs. The President is bound to give assent to the Bills passed by both these organs amending any part of the Constitution.
Time has now come to introduce checks and balances in the amending powers of the Constitution. It is submitted that existing amending provisions may be amended as per the specified procedure for the amendment of the Constitution and when the Bill passed by both the organs is referred to the President for assent, the President may, where in his opinion he considers that there are reasons to believe that the Bill is likely to impinge the basic structure or features of the Constitution, refer the Bill, in exercise of the powers vested in him under the Constitution, to the Supreme Court of India for its opinion whether or not the Bill passed for amendment of the Constitution is within the BASIC STRUCTURE AND FEATURES of the Constitution and, on the basis of the opinion so given by the Supreme Court, the President may give assent if the opinion holds the amendment as within the BASIC STRUCTURE AND FEATURES of the Constitution and, if the opinion is in the negative, return the Bill without assenting it with the message that assenting the Bill will be in contravention of the exercise executive powers vested in him inasmuch as it directly acts contrary to the Oath and affirmation he has made to preserve, protect and defend the Constitution.
The above approach on amending procedure of the Constitution is submitted on the ground that a citizen otherwise has every right to question validity of the any such amendment that takes away BASIC STRUCTURE OR FEATURES of the Constitution after it becomes law with the assenting of the bill by the President and approach the Supreme Court which will entail considerable financial and mental burden on the citizen and much valuable time of the Supreme Court and, if the Supreme Court, after hearing of the parties and on merits holds the law as invalid, it reflects adversely on the highest Office of the Constitution. Seeking prior opinion of the Supreme Court before assenting the Bill will safeguard the BASIC STRUCTURE AND FEATURES of the Constitution, the dignity of the highest Office of the Constitution and best serve the interests of the PEOPLE OF INDIA.
Parliament needs to establish INDIAN PARLIAMENTARY SYSTEM TRAINING AND RESEARCH INSTITUTE” (IPSTARI) to provide training to Members of Parliament of India on various functional aspects of Parliament that will go a long way in healthy and meaningful functioning of Parliament. Such training may be organized for short term during the recess of Parliament. IPSTARI may also provide training to Members of Parliament of other countries which approach Indian Parliament for that purpose.
The submissions made in the foregoing paragraphs also to apply equally to the State Legislatures except as regards to the amending provisions of the Constitution.
Upholding the democratic values and virtues is the responsibility first of Parliament and other Constitutional Bodies and then of every citizen.

ECONOMIC AND SOCIAL GROWTH CONUNDRUM

Economic and Fiscal Reforms to aim at strengthening economic and social growth.
Economic reforms suppose to provide newer opportunities in every walk of life and activity of the country that apply the available resources or bring additional resources to first establish stability to existing economic conditions and then move towards exploring new natural, industrial, agricultural and other areas offering scope and potential for enhancement of capital investment creating along employment opportunities, increased production and build up to meet the national demand, decreasing the import needs and increasing export capabilities, together generating much needed additional wealth for the continued sustainability and stimulation of economic growth to support the social growth of the nation.
Economic reforms presuppose preparation of reasonably acceptable level of infrastructure facilities in every sector including educational infrastructure and upbringing, congenial policy structure, simple and streamlined systems and procedures with zero scope and tolerance for abuse and misuse of powers which lay the foundation for inducement for investments in various sectors opening doors for plenty and prosperity to the people in the areas thus improving their social growth and security leading them to a new way of life.
This is social growth through economic growth. To think social growth independent of economic growth and social growth can be achieved through free or administered distribution in kind and cash is to reverse the economic growth with adverse effects and pressure upon available national wealth with possible financial crisis and serious economic and social risks and challenges. Such an approach is like putting cart before the horse.
Economics teaches us a simple lesson. National wealth creation comes through economic growth and economic growth comes through sagacious and sound economic reforms and policies linked to live wire of generating and laying ground for invitation and involvement of institutions, industries, farmers, servicing communities including financial, commerce, trading and people of all walks of life including rural population in activities that open up continual opportunities in areas endowed with potential scope for development that help create economic wealth for the nation and assures a decent and dignified livelihood to one and all thus transforming social growth through economic growth. Economic growth can happen through –
Infrastructure development with high speed and expediency.
Achievable time line
Government assuming pivotal role as it did till end of eighties for infrastructure development..
Financial support through plan funds for infrastructure development as followed till end of eighties
Mopping up additional financial resources through savings from expenditure in other sectors that are economically unproductive.
Restoring Indian Infrastructure Financial Institutions the Development Financial Institution status which was available to them till the last decade enabling them to mobilize adequate funds at lower costs for funding infrastructure projects until such time infrastructure development comes up to a reasonable level that enthuse confidence for industrial and agricultural and service sector development.
Availing multilateral and bilateral aid and assistance
Introducing tax on agricultural income, clearly defining agriculture income slabs and income tax rates with due exemption to the poor farmers. Country cannot afford to prolong it further.
Speedy implementation of measures to mobilize black money available with known sources based on the White Paper on Black Money recently placed in the Parliament to meet fund-gap for infrastructure development .
Reliance on Private Sector needs to be reassessed as Private Sector, as the past decade has shown, is shy of entering into infrastructure development..
Newer financial instruments that help mobilization of additional resources for infrastructure development need to be explored through reputed financial research institutions and Indian Infrastructure Financial Institutions.
Putting infrastructure in place whereby economic activity will start moving with cottage industries, small industries, medium and major industries flocking in along with ancillary industries, agriculture production increasing much faster supported by IT industry, service sector, trade and commerce facilitating higher and higher economic growth, increased capital inflow and revenue growth..
Creation of capacity for the people to earn and lead a self reliant life through newer employment opportunities and self organized economic activities is the corner stone of social growth alongside the economic growth.
Bestowing economically weaker section, tribal and backward people benefits through economically productive schemes and measures aimed at attaining themselves self development and economic sustenance, ensuring that the benefits intended really reach their doors..
Bringing all socio-economic yozanas, schemes and measures within the control of the Planning Commission and Ministry of Statistics and Program Implementation for assessment of their sustainability and ability to implement to achieve the intended objects and purpose and to ensure effective monitoring, resolving issues, taking corrective and timely measures and evaluation of end results of their implementation.
Public money being given to the Members of the Parliament and Members of Legislative Assemblies for utilization for development of their constituencies is against the principle of collective economic development and negates the economic growth of the country with serious strain and stress on fiscal control and management. Implementation of such policy only widens the gap between public expenditure and economic growth and benefits and defeats the very essence of economic growth for betterment of social growth envisaged under the Constitution.
As a matter of fundamental principle and policy, and in consonance with the spirit and intent of the Constitution, all the public expenditure should be passed through plans and the planning and implementation of every plan for the economic growth of the country and economic wellbeing of its people should be channeled and checked by the Planning Commission and the Ministry of Statistics and Program Implementation. Through this process, the country made reasonable, responsive and sustainable economic growth and contributed and accelerated economic benefits to the PEOPLE implementing meaningful plans and schemes and projects till the end of eighties which stand by their soundness and sustainability even today.

REGULATORY REGIME

Legislative intention of installing regulatory regime was to induct financial discipline, cost control and efficiency management by the regulated utilities and institutions and to encourage competition for providing the intended services at reasonable and affordable price to the PEOPLE.
Experience of the past decade or so shows regulatory bodies placing more emphasis and weight on cost considerations of the regulated utilities and institutions that come up for user charges/tariff determination annually.
Efficiency considerations which include operational efficiency, administrative and management efficiency are given secondary consideration with the result that the user charges/tariffs are being revised upward year after year on the plea of the need for reflecting the true cost of services. True cost of services to the exclusion of efficiency is like making the utility an uncontrollable horse causing continual pain to the PEOPLE..
Minimizing expenditure through operational and other efficiency measures is equal to generation of additional resources becoming available to the regulated utility which is the true reflection of cost control and bring down quantum of requirement of financial resources for compensating the regulated utility through further upward revision in user charges/tariffs.
Projected expenditure being sought by the regulated utility warranting justification for revision of user charges/tariffs must account for resources that should be mandatorily generated internally through operational and other efficiency management .
Time has now come that the regulatory bodies need to specify a ratio of expenditure to efficiency of 80:20 and the projected expenditure should be considered only to the extent of 80% of the total projected expenditure for tariff determination for the tariff year and the responsibility and accountability to meet remaining 20% of the total project expenditure by generating internal resources through operational, administrative and management efficiency must be made mandatory and statutory condition.
Aggregated Technical and Commercial Loss (AT&C) percentage being considered in tariff determination is not logical and legitimate having regard to the principles and practices for determination of energy loss in the system followed till late nineties based on the standards of operational system of generation, transmission and distribution then laid down by the Central Electricity Authority (CEA) as per the intent of the electricity laws and rules then in force. The Electricity Act, 2003 which repealed the earlier electricity laws also does not specify any provision as to computation of energy losses.
Electrical power generated in power stations reaches the end users through a large & complex networks. The power system networks comprise transformers, overhead lines, cables & other equipments to facilitate the transfer of electricity to consumers.. Some percentage of the units is always lost in the network. This difference in the generated & distributed units is known as energy losses or technical loss. Technical losses represent corona, leakage, dielectric losses, open-circuit losses, losses caused by continuous load of measuring elements, and losses caused by continuous load of control elements whereas commercial losses represent low metering/ billing/ collection efficiency, theft of electricity by illegal connection, tampering of metering system, low accountability of employees and corruption and absence of energy audit and accounting
Technical losses benchmarked till late nineties on the basis of Rajyadaksha Committee Report on Power (1985) and CEA norms were considered in the range of 15-21% with varying percentages among the States. This basis was also supported in Montek Singh Ahluwalia Committee Report on Working of the State Electricity Boards and Electricity Departments (2006-07) and N.K. Singh Committee Report on Distribution around the same time. National Electricity Policy (NEP) 2005 provides that “A time-bound programme should be drawn up by the State Electricity Regulatory Commissions (SERC) for segregation of technical and commercial losses through energy audits and energy accounting and declaration of its results in each defined unit, as determined by SERCs, should be mandatory not later than 2007. An action plan for reduction of losses with adequate investments and suitable improvements in governance should be drawn up. Standards for reliability and quality of supply as well as for loss levels shall also be specified, from time to time, so as to bring these in line with the international practices by year 2012.”
Technical losses according to international practices vary between 5-8% in developed countries and 10-25% in developing countries.
AT&C losses estimated and accounted for in tariff till 2005-06 were in the range of 35% to 52% which now account for 27-35% and are considered for tariff determination.
In Electricity Laws and Systems, there is no such term as “Aggregate Technical & Commercial (AT & C) Losses but only “Technical Losses” comprising elements mentioned above. Technical losses are reduced through regular and continued investments in the System while commercial losses which occur for reasons stated above are controlled and reduced through strengthening governance and enforcement. Technical losses denote purely energy losses in the System and commercial losses denote cash or revenue losses to the utility. Energy loss and cash or revenue losses cannot be equated and considered as AT&C losses for tariff determination which is against the very legitimate concept of electricity industry operation system. Both are independent of each other in their characterstics and are not amenable to merger or mixing up to coin them as “AT&C” losses and adjust in the tariff computation. This is providing undue benefit to the electricity distribution utilities with increasing burden to the consumers.
Only technical losses segregated from the commercial losses as provided in the National Electricity Policy (2005) should be accounted for and considered in tariff determination which is legitimate and fair and was in very much vogue prior to late nineties. Inefficiency of the distribution utilities in managing and controlling the commercial losses cannot be a legitimate ground for treating it as part of technical losses. That is why NEP (2005) insisted on a time bound programme for segregation of technical losses and commercial losses and for specifying standards for reliability and quality of supply as well as for loss levels from time to time, so as to bring these in line with the international practices by year 2012. Technical losses thus segregated only should be considered for tariff determination, the same practice that stood test of times till late nineties.
Cash or revenue losses arising from commercial losses to the extent considered doubtful to be recovered or irrecoverable are treated as “Doubtful or Bad Debts” as permissible expenditure within the limits prescribed by the regulatory authority, as part of normal commercial accounting principles and practices.

v POLITICAL PARTIES AND ELECTIONS FUNDING

There should be not more than three Political Parties at National Level and not more than two Political Parties at the State Level. This is to be considered absolutely essential for the sake of stabilization of political system in the country upon which rests the economic sustainability of the country. This helps plug and control leakage of public money in various forms and will go a long way in establishing political and financial discipline.
Establish “NATIONAL ELECTION FUND (NEF)” and “STATE ELECTION FUND (SEF)” under the sole control of the Election Commission being a Constitutional Body which should be applied and administered according to the rules to be approved by the President in that behalf on the basis of the joint recommendations of the Chief Election Commissioner and the Comptroller and Auditor General of India.
The rules stated above should provide that all the political donations and contributions permitted under the relevant laws of the country should be paid into the NEF and the SEF and should be made available to the Political Parties in the ratio of the members of the Party to the total members of all the Parties together, for meeting their election expenses.
The rules mentioned above should also bar the Political Parties accepting political donation or contribution from any source whatsoever and in whatever manner other than through the NEF and SEF..
The funds for electioneering that should be available to the Political Parties at their disposal should be the fees collected from their members for enrolment as party members and the funds made available from out of the NEF or SEF in accordance with the rules stated above.
In the larger interest of the country and its political, economic and national stability and security, all the existing Political Parties should come together and merge into not more three Political Parties at the National level and not more than two Political Parties at the State Level, based on their identical ideological and philosophical considerations so that the PEOPLE of the country can create in themselves much needed political confidence and exercise their mandate to elect the Party to the Parliament or the State Legislature that provides practical and pragmatic direction and solutions to national growth, establishing and enhancing the national political and economic soundness, gradual but assured new educational horizon with potential employment opportunities, economic and social protection, ability to stand up to national security challenges, placing back the country on a sound monetary system and holding India high in the World. The Political Parties need to make all out efforts in this regard with a time bound programme.
Alongside, the Election Commission of India also needs to explore formation of the Political Parties on the above basis through consensus of the Political Parties and with cooperation and consent of the Political Parties, the need for introducing appropriate amendments to the Peoples Representation Act, 1951 may be considered. This will open up a NEW CAHPTER IN INDIAN POLITY and will demonstrate the wisdom and maturity of the POLITICAL PARTIES TO STAND UP TO THE NATIONAL CALL OF THE HOUR.
Make it mandatory by law that election of Office Bearers of the Parties shall by normal voting process and not through consensus. This will provide to the person elected comfort of confidence and places a higher level of onus and responsibility for performing the functions.
Make it also mandatory by law that election of Prime Minister and Chief Ministers shall be by normal voting process and not through consensus. This will provide to the person elected comfort of confidence and places a higher level of onus and responsibility for performing the functions.
Economic growth, social growth and national security call for a strong bedrock of values and virtues of life, conduct and character and a sense of brotherhood and sisterhood among the Political Parties and the PEOPLE which create NATIONAL PRIDE AND ONENESS TO THE PEOPLE OF THE COUNTRY AND PATH FOR EVER INCREASING GLORY OF THE NATION.

v NATIONAL HEALTH AND HOSPITALS

Healthiness of the PEOPLE of a Nation is known not by establishing hospitals year after year but by providing a living and hygienic environment to PEOPLE utilizing the same financial and manpower resources for continuous development of infrastructure and congenial living facilities, research and investigation of areas prone to open up diseases, to find genesis of the diseases and report to the authorities concerned need for initiating and implementing immediate preventive measures to check the growth of the disease at its root level.
This will help protect the PEOPLE from the risks of diseases and minimizing the public expenditure on establishment and maintenance of huge hospitals with scope for more misuse rather for intended use and making the lives of the PEOPLE more and more miserable. This will also help prevent commercial exploitation of the PEOPLE by the mushrooming private medical establishments in the country.
Good sign of PEOPLES health is when the hospitals start waiting for the PEOPLE to come rather than the PEOPLE waiting in queues in hospitals spending huge amounts not being sure of the complete treatment and recovery from the disease.
Spend as much investment as necessary for preventive measures through creating healthy and hygienic living environment for the PEOPLE with greater and greater emphasis on finding and fixing the genesis of the diseases through research and development using latest available technological tools and facilities. This is the most effective way of controlling the growth of diseases.
Make the authorities initiating and implementing health improvement measures solely responsible and accountable and stringent action for any negligence or failure to discharge their duties and obligations.
Take these measures and make the PEOPLE HEALTHY AND HAPPY.

v NATIONAL JUDICIAL SYSTEM

Good and efficient judicial system of a nation is one that first subjects each and every case to rigorous legal scrutiny based on the guidelines laid down or specified by the Higher Courts of the country at the admissibility stage itself to find genuineness or otherwise of the case based on the material on record and, if admitted, whether the case is capable to stand up to further legal procedures as per applicable laws and rules that justify imposition of punishment or penalty sought in the charge sheet and, if the Court is satisfied existence of such material on record, to speed up delivery of justice.
This system has inbuilt check and control to restrict the cases on merits and minimize number of pending cases at all levels.
The need and desirability of establishing a high level Judicial Committee or Committees for review of the pending cases on merits, genuineness and suitability to proceed for trial and punishment according to the applicable laws and rules and to make recommendations to the Chief Justice of the High Court. The recommendations of the Committee or Committees may be considered by a Bench headed by the Chief Justice with such number of Judges as the Chief Justice considers necessary and deal the recommendations through public hearings and, based on that, pass such orders or give such directions as the High Court deems fit and appropriate so that speedy justice can be delivered and the pendency of the cases can be minimized.

v NATIONAL EDUCATIONAL SYSTEM

Education must be such that imbibes values, virtues and culture of the country.
Education must create a sense of oneness, national discipline and national pride.
Education must impart mutual understanding, mutual appreciation, mutual respectability, tolerance and humanness.
Education should not be a mere learning process rather the process should also lay greater importance and emphasis on building up the child completely in all its essence that makes the child to grow with self confidence, self respect, self searching and self building up in itself values, virtues and culture and total discipline.
Multiplicity of procedures and text books adopted and being followed by different schools in the same State need to be reviewed and removed and uniformity needs to be introduced so that the children learn and speak of one educational system instead of differing educational systems which will only perplex the children and their parents.
Education must be true cost based and not commercial based. Lack of this approach is leading to exploitation of the aspirations of the children and their parents making it in many cases beyond one’s reach and unaffordable.
The admission process and securing admission for a child in the school has become a nightmare for the parents.
Every child is born to learn and live with dignity of life. Every parent of a child bounden by their duties want the child to learn and live with dignity of life.
This is birth right of every child and moral right of every parent which cannot be denied under any circumstances as such denial amounts to discrimination and deprival of child to educationally grow.
This is the constitutional obligation placed upon the authorities in governance of the education system and must address the problem to the satisfaction of every child and its parents.
There are norms laid by the authorities based on the orders of the Courts of Law for the admission process of the children but these are woven with invisible discretions that are used for denial of the admissions to certain section of the children.
Following are the suggestions on how to address the riddle of school admissions:

1.First Step:

Educational authorities should take up establishment of senior secondary schools matching the standards of medium level leading privately run schools in each municipal council constituency by introduction an appropriate scheme as part of promotion of educational facilities for middle income level people.
Land should be made available by the State free of cost or at a nominal amount as a welfare measure.
Entire cost of the development of the school including construction cost and modern infrastructural facilities cost should be initially borne by the State.
This needs to be done on war footing with time bound plan,.
Once the school is fully developed, school should be handed over to Society created by the intended beneficiaries and duly registered under the Societies Registration Act, 1860. The Memorandum of Association and Rules of the Society should have the prior approval of the concerned Educational Authority and the Society should be registered on the basis of the MOA and Rules approved by that Educational Authority.
The State should handover the management and running of the school to the Society as soon as it is established through appropriate agreement on lease basis.
Every intended beneficiary should become member of the Society paying such membership fee as prescribed which should be nominal amount.
The Society should, in consultation with Educational Authorities, lay down admission criteria and procedure including the fee structure which should be reasonable and affordable.
A small component of fee structure should include the development cost of the school incurred by the State and the amount collected on that account should be remitted to the designated authority of the State in such account and in such manner as specified in the said agreement.
The above component in the fee structure may be classified as school development cost payable over a period of time as provided in the said agreement.
After the development cost is fully paid to the State, an amount equal to that component will continue to be collected as part of the fee structure for future capital maintenance, renovation and up-gradation of the school.
The school shall be managed and run by the Society strictly in accordance with the applicable rules, guidelines, orders as notified by the Educational Authority to all similar schools.
The Educational Authority shall have supervisory and controlling powers over the Management of the Society to ensure proper management and running of the school.

2. Second Step

In all future residential development schemes, the State should make it mandatory for every Resident Welfare Association (RWA) only after it is registered as a Society under the Societies Registration Act, 1860/ Cooperative Housing Society for the establishment of a senior secondary school on the land to be made available by the State within the vicinity of the Residential Colony free of cost or at a nominal amount as part of the welfare measure.
Entire cost of the development of the school including construction cost and modern infrastructural facilities cost should be initially borne by the State.
The State should handover the management and running of the school to the Society as soon as it is established through appropriate agreement on lease basis.
The Rules for the management and running of the school should be formulated by the Society and after it is approved by its General Body, the rules should be submitted to the concerned Educational Authority for its approval and the same will come into force from the date of its approval by the Educational Authority.
The Society should, in consultation with Educational Authorities, lay down admission criteria and procedure including the fee structure which should be reasonable and affordable.
· A small component of fee structure should include the development cost of the school incurred by the State and the amount collected on that account should be remitted to the designated authority of the State in such account and in such manner as specified in the said agreement.
· The above component in the fee structure may be classified as school development cost payable over a period of time as provided in the said agreement.
· After the development cost is fully paid to the State, an amount equal to that component will continue to be collected as part of the fee structure for future capital maintenance, renovation and up-gradation of the school.
· The school shall be managed and run by the Society strictly in accordance with the applicable rules, guidelines, orders as notified by the Educational Authority to all similar schools.
· The Educational Authority shall have supervisory and controlling powers over the Management of the Society to ensure proper management and running of the school.

3.Third Step

Schools should be exempt from all Taxes including Property Tax if the benefit accruing to the school there from is passed on to the students through fee structure.

v NATIONAL PROTECTION AND SAFETY FOR WOMEN

Self restraint in public and social life by women and men is the first call of the hour.
Establish Women Welfare Association of (say Tilak Nagar)(WWAT) registered under the Societies Registration Act, 1860 or any other law governing Women Welfare having such a provision.
Establish in each and every residential area “Committee for Protection and Safety of Women” (CPSW) under the chairmanship of Municipal Councilor with DCP/ACP, President/Vice President of Local Women Welfare Association, President/General Secretary of RWAs, Principal/Vice Principal of Local Schools, President/Vice President of Local Market Association, Representative of Bus Operators Association nominated by its President/Vice President, Functions of the Committee shall include:

Committee shall meet once in every month.
Committee shall hold Emergency Meetings in case of any emergency
Committee shall meet in the Office of the DCP/ACP
Committee shall formulate suitable preventive and protective measures including for creating awareness and protection and safety measures for women in the area..
The implementing the of measures formulated by the Committee will be entrusted to a Task Force (TF) of police and public representatives headed by an Inspector (Women Safety and Protection), a new post to be created in each Police Station. If not already existing. The Task Force shall submit a report in every meeting of the Committee highlighting the status of implementation of the measures, status of occurrence and recurrence of incidents, analysis of causes and reasons of such occurrence and recurrence, need, if any, for strengthening the existing measures or introduction of additional measures. The Inspector of the Task Force shall participate in every meeting of the Committee.
Organizing periodically programmes on prevention of crimes against women and providing protection to them for the benefit of the residents of the area as part of creating awareness and activation.
The Committee shall undertake visits to different places in the area specially those areas more prone to crimes against women at regular intervals and meet the residents to get first hand feedback.
If there arise important issues which the Committee finds itself unable to address them, such issues should be taken up with the approval of the Committee through appropriate communication to Area MLA/MP and State/National Level Women Welfare Organizations.
State Government should constitute the above Association/Committee officially by notification so that they enjoy legal recognition.

Prevention of crimes against women and protecting them should be introduced as part of the curriculum in the Schools from Eighth Standard onwards and in the Colleges which will help spread spirit and message as to role and responsibilities of school and college students.
Exhaustive training programmes should be organized including through simulations for the reform of the criminals punished and put in jail for crimes against women which, it is believed, will create a positive thinking and salutary effect in them not to commit such crimes in future. Those who respond to such training and show visible change in their mental set up, behavior and attitudes may be considered for release on parole with specific undertaking being taken from such person to carry on and campaign for the prevention of crimes against women and for providing them protection based on the training he has undergon.

v FUNDMENTAL DUTIES AND GENERAL LAW OF PUBLIC ACCOUNTABILITY

Enact General Law of Public Accountability (GLPA) to give effect to and enforce the Fundamental Duties enunciated in the Constitution.
GLPA should also incorporate suitable provisions on public discipline which should embrace all the sections of the society, the corporate governance and responsibilities, service providers governance and responsibilities, public servants, in order that civic awareness and obligations are created at all levels with stringent provisions for the penalties for contravention of the provisions of the proposed law.
The proposed law should also cover crimes against women of all kinds in public and social life and places.
Ban by law coverage by classification of castes, classes, religions etc. by print and electronic media.
Data and information regarding any caste, class, religion should be available to and used only by the Governmental Authorities for the purpose of their educational, economic, social welfare and any other such purposes.
Every authority be made accountable to public in the same manner as each authority wants public accountability.
Judicial inquiry is ordered for firing by the police against the protestors in public for a public interest cause whereas when thousands of people die on account of manmade and natural calamities such as floods etc, no such inquiry ordered against the authorities but for whose negligence and failure, the calamity could have been prevented or loss of lives and properly could controlled. Judicial inquiry in such cases will, besides pinpointing the lapses, provide basic causes and reasons that led to such calamity which would help initiating appropriate measures to plug and prevent such causes.
The provisions of the proposed law should be in addition to and in derogation of the existing laws.

v NATIONAL IDENTITY AND PROTECTION

CITIZENS OF INDIA LIVE IN DIFFERENT STATES AND SPEAK DIFFERENT LANGUAGES BUT AT NATIONAL LEVEL EVERYCITIZEN BE KNOWN AS INDIAN.
EVERY FAITH IN THE COUNTRY SHOULD FLOURISH BUT ALL FAITHS TOGETHER MAKE NATIONAL FAITH.
DEMOCRACY SHOULD CONSTANTLY STRIVE FOR JUSTICE TO EVERY CITIZEN AND WRONGDOING TO NONE..
SPEAKING AND WRITING BY PUBLIC LEADERS, WRITERS, PRINT AND ELECTRONIC MEDIA FOR VARIOUS PURPOSES INCLUDING ANALYSIS OF ELECTION RESULTS BASED ON CASTES, CLASS AND RELIGION EVEN AFTER SIXTY SIX YEARS OF INDEPENDENCE SHOWS OUR DEMOCRATIC IMMATURITY.

How it can happen? PEOPLES WILL, SAGENESS OF EMINENT PERSONS, SERENITY OF ELECTED REPRESENTATIVES AND SAGACITY OF LEGAL LUMANARIES OF THE COUNTRY

THOSE WHO HAVE NOT READ SHOULD READ THE GREAT BOOK “THE ATLAS SHRUGGED” BY AYAN RAND AND JOHN GALT SPEECH THEREIN

REDEFINE INDIA FOR A BETTER TOMORROW

Wednesday, July 31, 2013

REDEFINE INDIA FOR A BETTER TOMORROW (A LAYMAN’S THOUGHTS)