Friday, April 15, 2011

India Against Corruption: Critique

Power Corrupts! & Absolute Power Corrupts Absolutely!
                                                                          - Lord John Emerich Edward Dalberg Acton

With Due regards to Sh. Anna Hazare and the movement initiated under his leadership, I feel they need not act like a second Government to move an appeal against the weaknesses in existing structure.
Given the indiscriminate levels of corruption in the country, general public educated as well as the uneducated ones will fall prey of the well glittering proposals of the draft prepared by them. But the Reality of the matter is, the huge support this movement has gained is because of the declining faith of the general public in the existing system.

And by system I mean all the three organs of the Governmental structure of our Country- Legislature, Parliament and nonetheless the Judiciary. The debates I keep hearing keep taking political stands and that is what makes the faith of the people in the movement all the more.

Despite the well designed and well drafted system, we are not able to nurture the fruits of the plant that our Leaders had sown in the times of freedom struggle. There is poverty of modes of protests within the system. The poverty of the political parties of not being sensitive to the needs of the Public of whose representatives they claim themselves to be after the election night cheer.

Jaats want reservation, they believe they have the right to destroy public property - thinking that this is government's property. Opposition demands a JPC, they cut transportation and hence the whole country. How irresponsible can anyone be?

A Look at the Parliament proceedings creates a dismal picture of the functioning of the parliament which is a place for discussions for policy making and not mere blames and allegations.

And a Judiciary, which is so biased that it sees that food is being rotten , but not that how any member of parliament can disrespect the functioning of The highest institution of democracy- The Parliament . I was looking forward that the Overactive Judiciary would soon interfere and like it notified the Govt. at different occasions would also ask the opposition to let the parliament function. But I doubt there are any unbiased judges left who are sensitive to the spirit of the constitution.

And now coming to the public which consists of insensitive educated class which is aloof to the election proceeding and is at the leading position in criticizing " Government" , (I believe that they do not have any right to speak on the functioning of the Government when they do not know their rights and duties ) , the other class which is so poor that they vote for alcohol, T.V., cycles etc.


Now coming back to the Shining Stars of the movement who claim every one else to be corrupt and they believe that they can create a human who a man with golden characteristics /Ideal Man- the one that Plato once visualized.

And I question all those supporting this senseless proposal that Who is Anna Hazare or for that matter Kiran Bedi or Medha Patkar to question the Spirit of the Constitution which gives validity to all the institutions of Government and the Sovereignty of our Country India.

Separation of Powers is one of the Basic Feature of the Constitution which even A Constitutional Amendment can not change. How can  A Body be made a Super Body or a Man be SuperMan of the country. Has anyone seen a real superman who has solutions to all the problems and is all powerful?

Why did our constitution makers formulated 3 arms for the Government ? To ensure Checks and Balance in the system. And this insane suggestion of providing all the powers, of Investigation , adjudication and punishment to this Institution of Lok Pal is absolutely unconstitutional and not at all obeys the sanctity of the system.

Looking at the paradox of the same, Fundamental Rights ensure Right to Constitutional Remedies under A32 and every citizen has a right to challenge a decision by a judicial or a quassi judicial body in the Court of law to preserve the Rule of natural Justice . What will happen if a citizen challenges the decision made by Lok PAl in the court of law?

And what utility will LokPal be left with if all its decisions are challenged and altered? And who would take an appeal against the LokPal?

These are some questions which bother me to the core. And such a respectable person leading in an unaccountable manner is so depressing for a person having faith in the system and having faith in constituional methods of protests.

I am sorry to say, that Sh Hazare started the movement at the right time but could not offer the leadership as this movement needed.

And to add to it the political blame game that the present opposition has been playing ever since the UPA Govt is unconstitutional and highly irresponsible. I am not favouring the corrupt politicians, but I appreciate the efforts of the Govt. in taking exemplary steps ever since it has been in power. But it is a sorry state of the democracy that instead of appreciating such efforts it is said that it is just due to the political pressure.


I wish Kiran Bedi, whom I respect a lot, takes good view of the issues and the constitutionality of the matter being such a responsible and capable civil servant, to provide a better and intelligent lead to the movement against corruption.