Lokpal Bill and Constitutional Status!

Lokpal Bill has been passed by the parliament yesterday but the ruling UPA has failed to get the constitutional status for the same. For last 24 hours we have been hearing views and counter views on how UPA failed to fulfil the dreams of its “Yuvraj” and BJP led NDA has asked resignation of the government. But you must be wondering, what exactly we mean by “Constitutional Status.” I did some research on this topic and have following points as a ready reference. Constitution Amendment Bills have to be passed in each House of Parliament by a special majority ie. by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of the House “present and voting”.
CONSTITUTION AMENDMENT BILLS (http://164.100.47.132/LssNew/abstract/constitution_amendment_bills.htm)
Bills seeking to amend the Constitution are of three types:—
(1)   Bills that are passed by Parliament by simple majority;
(2)   Bills that have to be passed by Parliament by the special majority prescribed in article 368(2) of the Constitution; and
(3)   Bills that have to be passed by Parliament by the special majority as aforesaid and also to be ratified by not less than one-half of the State Legislatures.
Bills that are not deemed as Constitution Amendment Bills
2. Bills for amendment of the following provisions of the Constitution are passed by both Houses of Parliament by a simple majority of members present and voting :
(a)   admission or establishment of new States, formation of new States, and alteration of areas, boundaries or names of existing States (articles 2, 3 and 4);
(b)   creation or abolition of Legislative Councils in the States (article 169);
(c)    administration and control of Scheduled Areas and Scheduled Tribes (para 7 of the Fifth Schedule); and
(d)   administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram (para 21 of the Sixth Schedule).
3.  These Bills are not deemed as Constitution Amendment Bills under article 368 of the Constitution and, therefore, these are not called by the title ‘Constitution Amendment Bills’.
4.  Though normal legislative procedure holds good in respect of these Bills, Bills providing for matters in sub paras (a) and (b) above, in addition, require respectively the recommendation of the President for introduction and the prior adoption of necessary resolution by the State Legislative Assembly concerned.
5.  Such Bills are presented to the President for his assent under article 111 of the Constitution.
Constitution Amendment Bills
6.  Bills seeking to amend all other provisions of the Constitution including those enumerated in the proviso to article 368(2) are called by the title ‘Constitution Amendment Bills’. These Bills can be introduced in either House of Parliament. If sponsored by a Private Member, the Bill has to be examined in the first instance and recommended for introduction by the Committee on Private Members’ Bills and Resolutions before it is included for introduction in the List of Business. Motions for introduction of the Bills are decided by simple majority.
7.   Constitution Amendment Bills are not treated as Money Bills or Financial Bills. Accordingly, President’s recommendation under articles 117 and 274 of the Constitution in regard to these Bills is not asked for. However, if the recommendation is communicated by the Minister, it is published in the Bill or in the Bulletin, as the case may be, for information of members.
[Constitution Amendment Bills are governed by article 368 of the Constitution and Rules 155—159 of Rules of Procedure and Conduct of Business in Lok Sabha.
We all have some knowledge about the bill that has been passed by the Parliament. There is no denying that there are some weak points within the bill and few amendments were required to be carried out to make Lokpal more effective and strong. If that could have been done then giving constitutional status would have made some sense. But with this type of toothless Lokpal, not giving constitutional status allows state government to have their own Lokayukts and Lokpals with greater powers.  There was no point in giving a constitutional status to a “weak” Lokpal. This version of the Lokpal bill did not even get the “ayes” of 50% of the total strength of Lok Sabha. This rhetorical bluff of “opposition not supporting” is getting nauseating to hear.
What is interesting to note is that UPA has blamed opposition for the bill not getting constitutional status. But is that really the case is? The Constitution amendment bill (116th Amendment), 2011 was put up for vote. 251 members voted for it. The official strength of the ruling coalition is 277. After some complicated mathematical operations, we see that 26 members of the ruling coalition were missing (in which there were congress MPs too!). This government could not get the minimum required support for passing this bill, and yet is going on the overdrive to blame the BJP for “not wanting a strong Lokpal”. They are against this version of the Lokpal. If Congress really wanted to get the constitutional rights for the bill then why couldn’t it ensure the attendance of all its MPs on such a crucial day? Congress has tabled and passed the bill in LS despite stiff opposition just to show off that how committed they are towards Lokpal. But then everyone knows that the govt does not enjoy majority in Rajya Sabha. Then how could they expect that the bill will be passed as per their wishes and be given constitutional status? And if it doesn’t happen then blame the opposition for all the mishap!!
The bill could have been discussed and if greater flexibility could have been shown by the government and opposition along with civil society we could have got a better Lokpal. I sincerely hope that all this does not leads to death of Lokpal bill. It will all depend on how government stands when the bill is tabled in RS tomorrow. As of now it seems to be moving towards a deadlock.
However, the Bill is far from becoming an Act yet. For, mustering a simple majority for the Bill in the Rajya Sabha will be very difficult for the UPA, which is in a minority of 94, whereas a simple majority requires 123 votes. Its only hope lies in persuading a sufficiently large number of Rajya Sabha members from non-NDA parties like the Samajwadi Party and the BSP to either vote for the Bill or abstain. Thus, it is possible that the Rajya Sabha may pass a version of the Bill that includes some or all of the amendments moved by the BJP and the others. In that case, the Bill will be go back to the Lok Sabha. If the Lok Sabha does not accept these amendments – as it didn’t the first time around – there will be a deadlock, which will have to be resolved through a joint session of both Houses. And that could postpone the actual enactment of the Bill to February 2012. (DNA)

Politicians and Curious Cases of “Chest Pain”

Tell me what is common in the list given below.

BS Yedurappa, Amar Singh, A Raja, Madhu Koda, Suresh Kalmadi, Pappu Yadav, Kalpnath Rai ….. and list continues.

You guessed it wrong. They all are politicians involved in some scam or criminal cases and were arrested. But the point common is that within hours of their arrest, they had “CHEST PAIN.”
From the self proclaimed “Lions” they become their true self i.e “Bheegi Billi.”

This is a curious case involving the politicians of this great democracy. These leaders when on chair used illegal methods to accumulate wealth. The day when their arrest becomes inevitable, they will surrender or sit in police van with a smirk on their face. The smirk is because they know that the judiciary can do no harm to them. They will hire best lawyers who will “fight for truth” and first get them bail and then let the case carry on forever. There have been hardly any cases where politicians have been proven guilty.

I wonder how come they get chest pain as soon as they enter the boundaries of so called jail. You will be surprised to see the facility that they get while being in jail. BS Yedurappa was fine and clamoring his inncoence till his arrest became inevitable. And the very next day of arrest we found him in hospital after he complaint of chest pain. Similarly, Amar Singh expelled Samajwadi Party leader continued blabbering about his ill health and finally managed to get hospitalized. A Raja, the 2G champ also went through similar process. They go to hospital and use their muscle/money power to settle the case.

Isn’t very funny that these politicians are so “weak hearted” when it comes to spending some time away from home in a five star jail. They get royal treatment as if they were some saint. If the common man complains of chest pain he will probably be given a “lathi” from police but not hospitalization. It is such a true fact that morality has reached nadir for these politicians and they have no nuts or guts to face the consequences for the deeds they have done. I wonder if they are so weak hearted then their reaction during times of emergency in country will also be as pathetic if they were on to be the chair. Sometimes, I feel that these politicians must undergo a medical checkup before standing for elections.

Somewhere we all know that this “chest pain” is just a gimmick. But the pity thing is that despite knowing the very fact we are unable to do anything. This shows the weakness of our law and need for overhaul of judiciary.

The Great Indian Judicial System!

There has been stay on death sentence of our “dear” Ajmal Amir Kasab.

Iqbal Mirchi has been arrested in London.

Now our immaculate government is pushing for the extradition of Mirchi in connection with 1993 Bombay blast case. We made similar attempt in 1990s but failed to do so. Now we will give it another try.

But for What?

As it is efficiency of our judicial system and investigating agencies is there for everyone to see.

Our NATIONAL INVESTIGATING AGENCY has solved all the cases in their dreams and all the culprits have been booked. Atleast, they release some sketches for people to show that how successful they are. Successful in wasting time!!

Abu Salem was extradited and we were unable to prove him guilty and now his extradition has been cancelled by Portugal court. Let’s see if our agencies can win the case. Somehow agencies were able to solve Parliament attack case of 2001 but the main culprit is still enjoying in jail. The government is acting like a sitting duck and passing time.

Forget these, What can you say about the judicial system of a nation who still has not been able to prove mass killer caught on tv screen, newspapers, eye witnesses, etc gunning down hundreds. We wanted him to bring to justice within constitutional frame work which was very fine. But shouldn’t there be any time limit. It has been 3 years since Kasab was caught and we still are spending crores on his security. The money that could have been utilized for many development scheme. The court wants Kasab to give fair chance. I ask fair chance of what??? You may not feel this way if you have not gone through the trauma and agony of losing your loved ones. Go and ask the family who lost their only earning member in Mumbai 26/11 attacks or the parents who lost their children or families of soldiers who sacrificed their lives while eliminating the bastards. We have forgotten them because we were not the one who suffered. Imagine what they must be feeling when they see how the culprit is enjoying feast in India for 3 years. What a pathetic situation that person caught live on TV hasn’t been hanged till now. We are looking after him as if he has done some great thing. The soldiers who lost their colleagues are being made to plan for his security. What a travesty of justice? After 3 years, we want to hear him again. What were we doing for three years? Just serving him Biryani!!

The spineless representative of 120 crores is largely responsible for this mess. One after another he has only done condemnation and nothing else. I just wonder what we will do even if Mirchi is extradited. He will enjoy hospitality of police and may have to spend few years because of our judicial system and then will walk free. Imagine we are thinking of booking a culprit in 18 year old case. I will be happy if we are able to do so but our track record shows it otherwise. We will be carrying out a futile exercise of wasting money and giving hope to victims. The efficacy of our system is zero. We have bunch of selfish, spineless, power hungry people who will not make daring moves. They will buy time and use the same for their advantage.

One fine day, another plane will be hijacked and we will release Afzal Guru, Ajmal Kasab and Mirchi/Salem.

Why?

Because we couldn’t do justice to the people of India!

Judicial probe says Ishrat Jahan encounter is fake

THE MAGISTERIAL report probing the encounter of four people on June 15, 2004, says that the encounter was ‘staged’. Ishrat Jahan, a 19-year old student of Khalsa College, Mumbai and three others who were proclaimed Lashkar-e-Toiba operatives out to kill Gujarat Chief Minister Narendra Modi, were actually killed a day before they were officially shown as having died in a police encounter.

“Ishrat Jahan was killed by Gujarat police in a cold-blooded, pre-planned way…. The police crime branch officials carried out the fake encounter for their personal gains, for promotions and other benefits. They wanted to show they were doing a great job, essentially to seek appreciation from the chief minister,” says the 243-page report written in Gujarati.

This is the second such case during the tenure of Narendra Modi after Sohrabuddin Sheikh, which the government confessed before the Supreme Court was a case of ‘fake encounter’.

This latest news of encounter being ‘planned’ and executed ‘mercilessly’ has been described as setback to the Gujarat government but I feel that it is a setback for the entire nation if true. As a citizen of this country, it is really something to ponder upon. ‘Police Waala Gundas’ are worst than the terrorists. This can happen with any one of us. Imagine, four people being gunned down for sake of vested gains. Then they are labeled as ‘terrorists’. This is the ‘Death of Democracy’ where the citizens are being killed by its own police. The same police which is meant for safeguarding the residents of the country. This is really shameful for this country. The Indian National Flag should fly at half mast in shame for what happened to Ishrat Jahan and others.

It is now quintessential that the justice is done and all the culprits should be punished. At the same time, government must ensure that these incidents don’t happen in future. Such type of heinous crime will only widen the gap between different communities in the country.

Sanjeev Nanda Case: Mockery of Justice!

January 10, 1999 in the wee hours of Lodhi Colony area in Delhi, a speeding BMW mows down 6 people. All 6 including three police men are killed in the accident. More than 10 years have passed and accused has finally got the punishment for his heinous crime. Imprisonment for 2 years!! The accused is the son of known arms dealer Suresh Nanda, Sanjeev Nanda. In a “Historic Judgment”, Justice Kailash Gambhir of Delhi High Court set aside the trial court conviction of 5 years and convicted him under the milder Section 304 A (causing death by rash and negligent act) IPC.  Strangely, the court reduced Nanda’s term even after taking a stern view of the events following the accident, like Nanda’s fleeing from the spot and attempts to win over witnesses during the trial.

Well readers, this is the justice in India!!

The Constitution and law must be same for one and all. This is what I have read in the books. But the reality is something else. The law takes totally different course if you have money power. Take the instance of Sanjay Dutt, Salman Khan, Alistair Pereira and Sanjeev Nanda. If you look into the history, you will see numerous instances where the justice has taken a beating for rich. I was reading a journal where it was written that in India, more than 99% of the prisoners belong to poor background. This is precisely that poor people cannot afford the renowned counsels to represent them. They are made scapegoat for big crimes to shield the main faces behind the crime. Their lives don’t carry great importance.

At this point of time, I can recall couple of lines of a song from movie Lawaris:
Aapka yeh pasina khoon se bhi keemti
Aur apne khoon ki keemat yahan kuch bhi nahi!
Apna to khoon paani
Jeena Marna Bemaani!!

This is the mockery of justice. For the Nanda’s family the justice has been done but what about the families who lost their loved ones? Justice Kailash Gambhir said that though the incident was “gruesome,” it could not be held that it occurred within the knowledge of Nanda. But where was his knowledge when he was drunk and driving. He was not wrong when he fled from the scene. He did no wrong when he tried to buy the witnesses.

Right?

But the judge has delivered the verdict and “justice has been done”. So lets’ forget the suffering of the families of deceased. Let us forget those who were trampled under the wheels. That was their fate. They were guilty of sleeping on pavement. No matter pavement is meant for pedestrian, a rich brat’s car can run anywhere. This verdict will condone Drink and Drive.

Long Live Money Power!  Long Live Democracy!