Superior Command Verus Right of Rebellion

SUPERIOR COMMAND Vs RIGHT OF REBELLION
"Yadyapy ete na pasyanti
lobhopahanta-cetasah
Kula-ksaya-krtam Dosam
Mitra-drohe ca patakam
katham na jneyam asmabhih
Papad asman nivastitum
Kula-ksaya krtam Dosam,
Prapasyadbhir Janardana."
"Even if these people, with minds blinded by greed, perceive no evil in destroying their own race and no sin by treason to friends, why should not we, O Krishna, who se clearly the sin accruing form the destruction of one's family, things of turning away from this crime?
"Atha cet tvam imam dharmyam,
Sangramam na karisyasi,
tatah svadharmam kirtimca,
Hitva papam avapsyasi."

"Now if you refuse to fight this righteous war, then shrinking your duty and losing your reputation, you will incur sin."
"Hato va prapasyasi svargam,
jitva va bhoksyase mahim,
Tasmad uttistha kaunteya,
yudhay krita nisc-ayah."
"Die and you will heaven; conquer, and you enjoy sovereignty of the earth, therefore stand-up, Arjuna, determined to fight."
"He who having sworn by solemn oath at his coronation to protect the people from wrongful oppression fail to do so shall be slain as a mad dog”.( MAHABHARAT)
Politics is now regarded as the art of obtaining power and governing the masses through any means irrespective of objectivity towards its ends. The causality of intellectual honesty and lack of understandability with detachment are the result of confrontation and conflict of mutual interest. Superiority over the command between rival groups resulting in the Cold War. Politics war considered to be the branch of ethics, but now it is a powerful brut force of human stupidity greed, jealousy and malice towards fellow citizens. These forces sit over the command of the people. Man has many enemies such as lion, wolves, serpents, but is worst enemy is considered to be his own species with the man power having brutality and destruction at there commands. Mankind has now arrived at crisis on account of its own fate, ignorance and superstition may co-ordinate with these forces which are considered to be the greatest enemy of civilisation. It has come to stand still by the cumulative compulsion of divisive forces fighting with each other with materialistic approach towards life.
Mutual love and affection with sympathy towards human cause is based on ethics and not on the theory of give and take. This is based on co-ordination and spiritual power of the individual. Our potential may provide a guide line for success. In the recent time we have visualised that those politicians, who were indulged in accumulating the wealth without providing any consideration for justification of their action, they have undergone through a great mental agony, frustration, discomfiture and disappointment as those people who have provided their best co-ordination to drag these politicians for monetary considerations; they have completely ruined the carrier and reputation due to their criminal prosecution launched by the investigation authorities on the motivation of judicial accountability and the principle of trusty hood as one of the statutory obligation caste upon these custodian’s of power.
Marshal Stalin declared during world war "It would be ludicrous to identify the Hitler's clique with German people with the German State. The experience of history shows that Hitler's come and go, but the German people and the German State live on. President Roosevelt said - " I should be false to the very foundation of my religious and political conviction if I should ever relinquish the hope and even the faith -- that in all people without exception these lives some instinct for truth, some attraction towards justice and some passion for the people. Buried as they may be under the brutal regime."
In anxiety to punish and disable Germany, the allied Powers flung her into abyssal of economic despair after the first World war, from where emerged the demon of Nazism. They drove them to the frenzy by injustice and then we make that excuse for not redressing the wrong. Hitler became Chancellor of Third Reich in January, 1933. He re-armed Germany first secretly and then openly. He influenced the plebiscite which resulting in an overwhelming majority for return of Saar to Germany. He denounced the military classes of the Versailles treaty and introduced, conscription in March, 1935. He marched into demilitarised shine land zone in 1936. He threw himself on the side of France in Spain-Britain adopted the policy of non-intervention. Hitler grew strength and confidence to fight against the atrocities committed by allied forces during the first World war against Germany. The result as that that Austria brought back to the German provinces for which even Bismarck had not courage to speak. The campaign started for liberation of Sudetenland from Czechoslovakia, a sovereign state bound by ties of treaty and friendship of Great Britain, France and Soviet Russia. This was followed by seizure of memel and defacto annexation of still free Czech territories. People grew furious. The occupation of Prague lead to the war. Till this period Hitler was led to believe that his policies and programme was not likely to a arouse the hostility of Great Britain and France. This has ultimately led to the second world war resulting into the loss of millions life and destruction through aggressive ambitions, which could have averted, if the allied forces have exercised their right of rebellion against the superior command. There would have not been any number. Trial and destruction of humanity by dropping two atom bombs at Hiroshima and Nagasaki to demonstrate the evil desire of domination by Americans at the end of the war.
Churchil spoke with enthusiasm of Mussolini's " Gentle and simple bearing " whole- heartedly from start to finish in the triumphant struggle against leninism on 20th January, 1927. The Italian system was appreciated as being founded on two rocks:- (i) The separation of church and state; and (ii) The right of labour. The Churchill's party defeat after Second World War a symbolic protest against appeasement of Nazi Germany and the opposite to Soviet Russia.
Japan was ally of Britain and France. Japan invaded manchuria. No single government felt that it as an attempt against the reign of law among nations. Secretary of state for India said Japan has got a very powerful case based on fundamental realities against continual aggression of fundamental realities against continual aggression of vigorous, Chinese nationalism. This was based on conscience decision by which the British were ruling in India. Japan acquired manchuria and Korea and continued to remain great friend of Great Britain till Japan had not joined Germany.
The western democracies were not condemned to the imperialist aggression of Germany. Italy and Japan due to the reason as these countries were saddle in the same boat till the people asserted their rights and forced them to resist. No country was free from sickness of selfish nationalism. The indisputable guilt of excess power should not blind us to the fact to cast the first stone with clear conscience. If we tolerate wrong doing for long; we become responsible for it.
The loud complaints were mode against Germany when she launched the flying bomb and it was condemned as an " Instrument of blind malice." "An aimless destroyer." What about colossal violation of by Americans by dropping Atomic Bomb claimed 2,44,000 out of 2,50,000 population of the Hiroshima. All living things, human and animal in Hiroshima were literally shrouded to death by the Atomic Bombs. Nagasaki suffered equally terrible losses. Both cities were a disastrous ruin. It was not dropped in Europe, but in Asia purposely by Americans. Although the poisonous gas was not used in the Second World War, but the American built London ship " Empire simba" of 5691 tonnes scuttled with 8000 tonnes of poison gas held in readiness which left a little scottish harbour to said out into the Atlantic Ocean. But for atomic bomb there was not fear of retaliation as the excess power had no equivalent and for it. The obvious difference between war and massacre is just here. The war is fought the massacre is merely suffered. We do not make war on people who do not fight and retaliate. We can only murder them, killing unarmed civilians by raining death on them from the clouds is condemned as contemptible crime. It is not war.
President Truman under the grab of Japan's treacherous attack on pearl harbour justified the use of second Atom Bomb and that despotic contemptible criminal of humanity and further threatened to go on until Japan and her people either surrendered or were completely destroyed.
The Christian nations were using a licence to use there weapons under the validity of plea with an implied motive to attain the superiority over innocent Asian citizens; we have just massacre without retaliation of which even barbarous nation would have ashamed while Germans replied to obey the command of their superior officers in a Nuremberg trial were given punishments should Americans be spared from the tremendous cruelties which innocent citizens have suffered ? Whether the future generation bound to suffer due to the effect of radiation at Hiroshima and Nagasaki can forgive such crime ? Once arms are being taken up all the reverence for divine or Human law were thrown away as they have got a license to commit all the crimes without restraint. Whether it was a war of civilisation against barbarism ? Whether Americans were fighting for moral and not for metalistic approach? This grim ferocious epoch with vast horrors and miseries were inflicted by nations who claimed themselves to be the most civilised. The victorious allies were forgiven all compatible massacre of Japanese and humanity as justification urged for a military necessity. The obliteration without previous warning to human being living at Hiroshima and Nagasaki was a crime against the civilisation and there was no parallel to this crime in both the world wars. The fundamentalist of Nazi's slogan for military necessity justifying horrible and barbaric methods were left for behind by the Americans. The war which starts with noble object of fighting brute forces, bad faith, injustice, oppression and persecution ended by the outrage on humanity and civilisation. Moral superiority were no where to get the victory over Axis power. The defeated nations be treated in the spirit of tolerance, sympathy and goodwill and not in the spirit of distress, malice or hatred.
The British government cannot escape from the responsibility of deaths from 15-20 lakh of people living in India, a figure higher that the losses of lives of Hiroshima and Nagasaki people, a figure higher than the losses of whole British Common wealth in war over total period of 6 years which was estimated to be the only about 11 lakhs. In-spite of British rule in India over 150 years, that could not save the civilisations due to their imperialism policy. The representatives of three big power Soviet Russia, United States and United Kingdom due to their respective rivalries were totally disappeared to fought against the Axis power, but the outcome of the war has resulted into the reproduction of another kind of Cold War based on economic censor and military superiority. The recommendation of the present Truman for retaining the Atom Bombs by the Great Britain and United States for the alleged protection of the civilisation and will be used for keeping the peace was mere slogan. It was said that the same will not be revealed to Russian. The whole conception was fantastic. Soon Russian speaking on October Revolution anniversary celebration in Moscow declared that " We too shall have Atomic energy and many other things."
General Degaulle, then Foreign Minister of France declared that the Ruineland be again placed under the joint strategic of military and political security of France, Belgium, Holland and Britain, It should be once for all be cut-off from Germany in such a way that its inhabitants should realise that their future did not live with Germany. If nation whose welfare depended on Ruler coal and industry imposed on international regime, some restriction than the rest of the Germany would certainly not be as powerful or rich as Germany would certainly not be as powerful or as rich as before and would never again be a danger because control over the ruler meant control of German industry.
The same is the fate of Indian continents given by the British imperialism through their diplomacy and enshrined policy of divide and rule in the state of partition in of Indian continents. About 6 lakh Indian people lost their homes. Three successive battles were on the motherland and still more to be witnessed if the good sense will not prevail over vitious designs of imperialism. British’s who still maintain their supremacy with remote control having significant interference from our leadership. Recently the Americans aggressive bombardment on Korea, Vietnam and Iraq and thereby exploring the natural resources including petroleum products under the protective umbrella over Kuwait is the alarming signal for military aggression by the Americans. The disintegration of existence of U.S.S.R and economic confrontation with China may further suggest that the land on which the future war will be fought, will be of Asians most probably belonging to the land of Indian continents. The economic blockade to China and insurrection of multinationals in India continents may prove the substantial evidence for aggressive bombardment by the imperialism Americans. Our existence may be on stake as being visualised after second world war over the Japanese cities of Hiroshima and Nagasaki. Let us try to avert through constant constructive role for strengthening the national unity and if possible making a confederation of United States of Indian continents. The unified Germany is the recent example of such unification of two portions of a great nation.
Let us visualise the impact of broad cast made by the President Truman on his return from Potsdam "America will maintain the basis necessary for be complete protection of our interests and of world peace (as being visualised by aggressive bombardment over Hiroshima and Nagasaki; Vietnam and recently in Iraq). We may acquire any other basis which our military experts deem to be essential for our protection (the production which was done by dropping two Atom bombs against the attack of Japanese on Pearl harbour), a policy of military imperialism. Let us not forget that we are fighting for peace and for the welfare of mankind (slogan and false propaganda is
further aggravate the militants aggressive policies). The strategical interest of America must be deemed to be extended upto Mediterranean, outside the site to establish the necessary basis for our own protection. We look for nothing which belong to any other Power- We seek to use our military strength solely to preserve the peace of the world, for we knew that it is the only way to make our own freedom secure."
The collapse of Soviet Union, the spectacular economic growth of China as most important power in international system after Americans and the drifts towards a confrontation shaping the dynamics of Cold War is the fresh indication of such policy being adhered to by the Americans in the recent future. China has now emerging as superpower and the Clinton's assertion on of no confrontation policy may be provided with the stagnation over the Americans trade expansion policy, the arm's control establishment and thereby losing the popular support for the presidential candidature due to such policy and therefore the Americans have started realising the issues like expulsion of Dalai Lama, the freedom of Tibetan people and demonstrating it for international independence, identity of American alliance with military co-operation from Japan, Australia and South Korea.
This has further broadened the possible aggression by Americans and thereby providing uncertain strategic environment in Asia. It has to be kept in mind that the second world war was not the consequence of German aggressive policies of expansion of their strategic territorial superiority, but it was also the outcome of providing economic censor in Rhinland as a retaliation to the German attack during the first world war.
The suffering from the domination of Germany and Japan was fought while the imperial power do not like to get off the backs and cause of the depended people for the independence-Racial pride is not a creation of Nazi's. President Roosevelt said. "Radical strife renders us suspect abroad. Man of all races black, white, Brown and yellow fight beside us for freedom. We cannot stand before the world as champion of oppressed people unless we practice as well as preach the principles of democracy for all men. Race prejudice and radically justified injustices reveal the contrast between the promise and the performance of imperial power. Britain could not have defended herself without help of Indians in the second world war--- what has these British’s given to the Indian people? The miseries our people may visualised by observing the apathy and thereby giving promotion to the fundamentalist to Muslims and the political aspirants Indians to see the creation of two nation theory. They cannot remove evil by announcing ideals."
Stalin in November, 1941 declared "We have not nor can we have such war aims as the seizure of foreign territories or the conquest of other people's irrespective of whether European people's territory or Asiatic people's territories are concerned. We have not nor can we have such aims as imposition of our will and our regime on Slavic and other enslaved people of Europe who are waiting for help. Our aim is to help these people in their struggle for the liberation from Hitler's tyranny and then to accord them the possibility of arranging their own lives on their own lands as they see fit with absolute freedom."
The people of a week and backward country, however strong and healthy they might be, could only serve to be made examples of or as witnesses of such futile spectacles; and it was not necessarily deplorable if many of them dies of prolong illness. The most important thing is to change there spirit. The real tragedy is to life up their voice among the living and meet with no response; neither approval nor opposition, just as if they are stranded in a boundless desert completely at loss.
Imagine an iron house having not a single window and virtually indestructible, with all its inmates sound asleep and about to die of suffocation. Dying in their sleep they would not feel the pain of death. Now if now you raise a shout to wake a few of the lighter sleepers, making these unfortunate few suffer the agony of irrevocable death, do we really think we're doing them a good turn?
It is true that there is no hope of destroying the iron house. But still one can not blot out hope, for hope belongs to the futures.
There is no refutation of affirmation of the affirmation of faith clear day light swallowed up the lamp light. If we can persuade our citizens the American disastrous consequences of confrontation with imperialistic policy of expansion and thereby unified together to avoid these fundamentalists forces to raise their heads for forthcoming confrontation through collusion with each other, we hope we are discharging or obligations to serve the nation.
Unless progressive intellectuals with the capacity to fight and make their consistent and sustained efforts to sponsor and extend the cause of humanity by fighting with the evil design of divisive forces dominating over the arena of present political set-up of our nation, nothing can be achieved from the emancipation from the prevailing maladies and thereby resulting into the survivability of our civilisation in the complete darkness for future generation.
Nature has created men not to war but to friendship, not to destruction but to health, not to wrong but to kind and benevolence. Nature has armed the beasts with armours. Man alone left fourth naked, week, tender with the most soft flesh and smooth skin do better to be knitted together be the leagues and conventions.
Our politicians have yet to start thinking of making and enacting laws against the moral crime as one of the sociological need felt to amend on the ethical schools of law. The law is not to be compared to a venerable antique, to be taken down, dusted admired and put back on the shelf moral damage is more terrible. Politicians from the changes like chameleons. Thus the politically motivated sub-version of the popular mandate is now a common phenomenon. Thus the law can not be the devoid of morality. The courts of law are the proverbial to the temple of justice. Tilting the balance of justice or sales of justice by weight of coin is the very antithesis of justice. Are the judges are indispensable? If we tolerate them like that of imperial power having their superior commands over the whelmn of the people, we are also protecting that aggressive policies of imperialism over the innocent victim. We cannot dispense with such a responsibility one has to fight for having a command over the whelmn of affairs in the country, otherwise we may witness the same fate of massacre committed over the defenceless citizens and thereby committing the greatest sin against the civilisation and humanity. In the system where the law protect the corrupt politicians and judicial pronouncements keeping justice inaccessible to the poor and downtrodden, a class of lawyer who stood in forefront of national struggle offered the supreme sacrifice and untold miseries for the cause of independence should also rise the occasion and earn a probation and leisure had their command.
Justice V.R. Krishna Iyer in his book " Our courts on trial" while dealing with the heading "Justice thyself" has observed:- " The unbecoming of judicial misdemeanour, what was once a whisper, the rumour about Judges and there delinquencies has now become a conviction of their guilt among social realities, communalism and favouritism. We want our judges to be a good man, not "boneless wonders" and bundles of bias, nor wheeler-dealers of justice who stoop to conquer why should turn to publicity merchant cultivate constituencies. Political and judicial influence. Communist and economically powerful centre plead with ministers for monetary and other bonanzas? Why do they run after Chief Minister for posh house, sites at nominal prices as happened in Bombay and Chandigarh. Now that judges are banned from foreign hospitality without central approval, each judicial travel is becoming a ministerial favour". "The present generation of judges should not preside over the liquidation of the great heritage. We still have great hope, we still have great confidence in courts but the court down has begin and a national discussion among state men in politics and lawyers and scholars in social sciences is long over due to save the judges from themselves is now a critical need". "If the judicial process fails, people's sense of justice, violence fills the victim on the streets, not the courts, settle disputes."
Thus the solution lies in passing the suitable structures by the superior courted even disciplinary action to the departmental proceedings for every wrong judgement given by the person preceding over the court of law is the need of the time. The common man seeks realisation of his aspiration in no sphere of public life. The promise of better tomorrow has conveniently forgotten with a leaf turning and today there is a burning danger that the people will work out their destiny through the compelled cult of their own "Dirty Hands".
Our constitutional duties prudence appears to be nothing but accommodation, but ours it meant Settlement in regard to show shoe economic progress of our society. So I has no Meaning for millions, I will not know how to into idea and fullest ideas as. Mutual district, declared and in fight is on the Increase. National discipline, co-ordination and co-operative of words have begun that casualties in the process. Strikes, Gherao’s and agitation by the opportunist have become a common menace and bureaucracy and red tapism are well trenched in the administration of Service enshrined and guaranteed as a alleged to be constitutionally recognised. A well organised class is paralysing the entire administration resulting in complete departure of the cultural heritage with the generation of hatred and rampant corruption throughout in the process of administration. The mind is the restless bird, the more it gets the more it wants and still remains dissatisfied except is being controlled in proper discipline and restrictions which are completely in the present set up of administration.
Laws are the aggregate of rules representing the collective wisdom of community and therefore applied universally according to the circumstances conditions and requirements of the nation universally for the common human benefit of the people’s welfare and therefore made applicable for the strict enforcement of justice with the changing requirement and sanctity of the rule of law. Doubt perishes the man while apathy to a particular situation ruined the civilisation.
Law and order to satisfy the needs of fast changing society has to be involved in order to meet out the challenges instead of remaining static. Thus the judicial thinking to be constructed by the references which would adequately dealt with the new problems and therefore we no longer need the clutches of foreign legal system. It has to be secured through the process of law. That collective interest of the community so that parties do not lose faith in the institution and thereby indulge in private retribution is the prime objective of the legal order. The procedural safeguard should commensurate with the sweep of power . The wider the power, the greater than need for restraint in its exercise and correspondingly, more liberal construction of our procedural safeguard envisaged by statute.
Laws are the aggregate of rules representing is the collective wisdom of community and therefore applied universally according to the circumstances and conditions and requirement of the nation universally for the common human benefit of people's welfare and therefore made applicable for the strict enforcement of justice with the changing requirement and sanctity of the rule of law. Doubt perishes the man while apathy to a particular situation ruin the civilisation.

Law in order to satisfy the needs of fast changing society has to be evolved in order to meet out the challenges instead of remaining static. Thus the judicial thinking to be constructed by reference which would adequately deal with the new problems and therefore we no longer need the crutches of foreign legal system. It has to be secured through the process of law. The collective interest of the community so that parties do not lose faith in the institution and thereby indulge in private retribution is the prime objective of the legal order. The procedural safeguards should commensurate with the sweep of power. The wider the power, the greater the need for restraint in its exercise and correspondingly, more liberal the construction of procedural safeguards envisaged by the statute .

An independent and honest judiciary is sine qua non for rule of law. It is imperative to protect the honest officers from motivated misconceived complaints made by unscrupulous litigants while on the other hand infallibility is an unreliable ideals, correctness is often a matter of opinion. Thus ability to anticipate the fallibility is the gift of a prophecy consideration of finality are subject to the paramount of justice but the remedial action must be appropriate upon which the administration of justice may rest. Thus the law can not afford any favourite other than truth. Life of law is not logic; it has been experienced however logic may not be ignored when experience is silent.

There has been erosion of faith in the dignity of the court and in the majesty of the law. The procedural wrangle is eroding the faith in our judicial system and one must introvert turn the search light over the process of deterioration inwardly. Therefore, the law must be definite and such as basic postulate is the requirements of the consistency in judicial decision making process and at the same time, there is the need for foreign flexibility. No straight jacket formula can be laid down for judicial functioning. The concept of public accountability of the judicial system and the professional competency with ability to promote the justice is perhaps overdue and the courts are ill equipped to speculate and seldom at contrary to democratic principles. Values in public life have undergone serious erosion during last few decades what was unheard is a common talk of the day. The new value orientation has undergone in our culture and we are at the threshold of the cross roads of these values. This is a difficult situation.

One makes Law legal only by giving its operation . The consent of one's conscience. A moral obligation to disobey is not less compelling merely because an individual is powerless and that his disobedience may lead to punishment through powerful despotic monarch. It is always electoral of pre-medication to adopt justice as synonymous to law, which may be the command of the stranger, but the humanity and conscience will always be prone to launch a protest through expression against such command of law who has no sanctity of justice behind it. The problem of obedience of unjust law is the root cause for a right to right to rebellion and delicate balance is being observed in the history of civilisation. The position of soldier under section 41 of the Army Act, 1950 as making disobedience to unjust immoral offence is in practice difficult to tackle as being liable to be shot at by a court martial and if he disobeys to be hanged by a judge. There is a concurrent conflicting demands of choosing either of the two. The discipline and of supremacy of law. It is difficult to examine and being aware of a illegality of the order and therefore law contrives an objective test. The Nuremberg trial has further declared that Nazis law and order of dictator must confirm to minimum morality. If it does not stand this test, the disobedience to unjust command will not often the discipline and rule of law will prevail.

Resistance to oppression is the consequence of other rights. When the government violates the rights of the people, insurrection for the people and for each portion of the people, the most sacred of all rights and the most indispensable of all duties.
Abraham Lincon’s famous slogan “Government for the people ,by the people and of the people means that the people can exercise their constitutional rights and revolutionary rights to dismember and overthrow the government. Thus rebellion to tyrants is obedience to God. Whenever any government becomes destructive of certain inalienable rights of life, liberty and pursuit of happiness, the people have the right to alter or abolish it. The abuses and usurpation design to reduce the existence of the individual and to act like absolute despotism, it is the right and the duty to throw of such government and provide security to the citizens.

The rebellion against government is further justified when the majority of the people are oppressed by a despotic minority and then it becomes a moral duty of men who love liberty not to permit any moral rights to rebel against the majority. Practice of non-violent methods of rebellion as a means to end tyranny has been justified by our founder father but tyranny which makes reforms impossible is difficult to be tackled down and in that situation only the public opinion can safeguard the interest of the society.

The obligation to obey the law is always linked with the question of justification for the natural outburst with the right to revolution. The ultimate raison de etre for you social discipline is reconcile apparently with conflicting claim of liberty and law. The justification to obey the law through civil disobedience involves conscious disapproval of government's action. The other factor of disobedience is through non-enforcement of the sovereign power of imposition of tax law and when ever the protest has the justification for not agreeable as unable to conscience to obey it. The peace and tranquillity of the realm is always supreme as such violent emotion is unwarranted by moral law .Socrates, who searched into things under the earth and in heaven and therefore the youth refused to hold his tongue and prepared that as he realised that law applies with equal force to all to maintain ordered society and in order to resist against. Unjust law are must not to being afraid of being incurred in punishment for disobedience, if his conscience permit him to do so.

Recent events have revealed the damage of letting ashore on body politics to fester for to long, the solution must be consistent with the unity of the country and national interest and not on as can result in claim of reaction detrimental to those interest.Despite the enduring the assurance by every political party in the parliamentary democracy for country’s stability progress and radical reform, there is a complete social disruption. Sometime there is ideological compatibility due to personality cult and dynasty rule over primitive society but when there starts inherent contradictions and ego concentric personality clashes, the country stability ,progress and radical reform comes to ignominiously halt.

Socialism is to social justice , what ritual is to religion and Dogma is to the truth. Our present politicians has imposed so called mindless sociological arrangement on the nation under the garb of socialism which has held in thrall the people endeavour and enterprise resulting in the transfer of wealth from the honest to dishonest opportunist, merit to the demerit; quality with the quantity and justice with injustice in the guise of giving social protection. This is the reason that 231 public-sector enterprises run by Union government and 636 by the state government of extracting the material resources from public exchequer realising exorbitant price from India's doctrines socialism. If the politicians are actually concerned and they should have provided the financial security to the backward classes as to enable them to survive by distribution of resources with a logical distributive justice. There is only quantitative growth without quantitative developments. The influential politicians who preferred to let socialism remain the opiate the people and of whom it can be truly said that if the ignorance is the bliss they should be happiest men alive. Gandhi ji said “Economics that hurts the moral well-being of individuals or nation is immoral and therefore, sinful . True economics never militate against highest ethical standards, just as all true ethics to be worth of its name just at the same be also good economics. An economics that inculcates worship and enables the strong, to mass wealth of the expenses of the weak is a false and dismal science. It spell death true economics on the other hand stands for social justice, it promotes the good of all equally including the weakest and is indispensable for decent life. Gandhi ji told “I do not believe that multiplication of wants and machinery and contrives to supply them is taking the world single step nearer its goal ……a wholeheartedly detests with. This met desire to destroy the distance and time, to increase animal appetites and go to the ends of the earth in the search of their satisfaction. If modern civilisation stands for all this and I have understood to do so I call it Satanic” .

“A civilisation, in real sense of the term consists not in the multiplication but in deliberate and voluntary reduction of wants.

“Industrialisation on a mast scale would necessarily lead to passive or active exploitation of the villagers as a problem of corruption and marketing come in. Nothing should be allowed to be produced by the cities which can equally well be produced by villagers. The proper function of the cities is to serve as clearing houses for village products. Here are more hands than required for the work and therefore the problem is how to utilise the idle hours, they will render unemployed. The concentration of production and distribution in few hands privilege oriented monopoly. The industrialisation must not deprive people from environment, must but must in village artisan to reduce his drudgery and improve his efficiency”.

This is the answer to the concentration industrialisation in the cities having no air to breathe at Delhi 460 S.P.M level ,Calcutta 460 S.P.M level 350 S.P.M level each. Justice H.R. Khanna, when appointed as commission of inquiry in the year 1967 in respect of the matter relating to the charge of corruption against the minister’s of Orrisa including three Chief ministers, one of whom was Biju Patnaik while dealing with 70 charges of corruption levelled against them, was faced a situation dealing with the arguments advanced on behalf of two ex chief ministers, that there was no prescribed code of conduct for the ministers to held them guilty of impropriety, that ministers cannot use their officer or allow them to be used for furthering the business interest of his family members to have commercial dealing with the State as they themselves never passed orders in respect of such transactions. Justice Khanna observed that a person on being a minister becomes the custodian of the public interest. Thus he should so formulate his politics and his activities that there is no possibility of the clash between his personal interest and the public interest. The role of minister has got to be that of pioneer rather than a pirate, of the public to sentinel rather than of self seeks of one dedicated to the public cause and not one obsessed with the desire of personal gain -- -- what is needed is a climate of strong public opinion where in none may dare to deviate from the path of rectitude . Law can punish only occasional lapses quoting a classic passage of judge hand. “ I often wonder whether we do not rest our hopes too much upon our constitution, upon laws and upon courts. These are false hopes liberty lies in the hearts of men and women. When it dies there no constitution, no law, no court can do much is to help it while it lies that it needs no constitution, no law ,no court ", to save it. The question is whether the laws speaking through the authority of the courts to deal with such threat to the security of the state, shall be absolutely silenced and reduced mute spectator because of such threat. The answer has to be given to the public. A raise weary of its own blood shed and diversities should cultivate public opinion which may offer the only chance for the survival of the species. The best guarantee for such situation is good sense of those in power, the vigilance of the people and the pressure of the public opinion.

This is an alarming situation which spell out the gravity and further invite peoples co-ordination to formulate public opinion to fight through the policy of non- co-operation which has provided the independence from the British rule by our leader Mahatma Gandhi .
“Every day that comes and goes,
every mile the river flows,
says to me and say to you,
much there is to learn and do,
for the water and the day,
no more will pass this way”.

Mankind has a habit of surviving worst catastrophes created by its own error or by violent turn of the nature and it must be so if there is any meaning in its existence, if its history and continuous survival is not the accident of a fortuitously self organising chance which it must be a purely materialistic view of the nature of the world. If man intended to survive and carry forward the evolution of which he is at present the head and to some extent of half conscience leader of its march , he must come out of this present chaotic life and arrive at the organised efforts. The ideal situation would be fulfilled by the accomplishment and preservation of the people from its own extinction by the folly committed by his own species.

EFFECTIVE MEASURES TO ERADICATE EVILS

The dawn of independence has virtually came with confrontation of many problems for effective administration . The foremost and the prominent problem was for rehabilitation of the refugees. There was no place for providing them the basic requirement of shelter and for that reason, the government provided the shelter home for them. The locality was not congenial for their adaptation . Thus the hostility amongst the people has started generating their side effects . The civilisation is the beginning of the governance to any nation. In absence of any co-ordination amongst the fellow citizens , the concept of social embodiment was virtually evasive . Thus there was neither any co-operation nor co-ordination amongst the citizens. The sole motto was to accumulate the resources for advancement and to enforce their hypothetical illusive superiority amongst the other inhabitant. Thus there was a complete absence of religious and spiritual concept in the society.
No man can survive in isolation . There is a rule of give and take . The moment one person is inclined to accept everything as a matter of his right, the person who is inclined to give him his extra potential , withdraw the basic offer. This become the end of social collaboration . No country is able to survive except by the will of the people . The bitterness amongst the people may ultimately lead to a crisis on psychological level. Thus the country required the coercive method for the enforcement of law and order situation. This was on account of partition of India.
After independence there was the abolition of the Zamindari system in India. The entire agriculture land was wasted to the state government. The farmers were given only their cultivators rights over the rural land. Thus the concept of ownership was diluted to certain extent and those who were in occupation over the agriculture land became the Asami. Even a Bhumidhar was not vested the absolute ownership and was enjoying the transferable cultivators right. Thus the initiative for improvement of the land was slightly undergone a major change. The investment in the agriculture activities was multiplied to its many fold. This was due to inflation and the steep fall in the value of money. Thus it has gradually declined the production of the agriculture produce. The system has further suffered another set back by commercial activities as the cost of the labour was gradually increasing in its output. There was the difficulty faced by the farmers when they have entered the same cost of labour, what was required to be incurred for production.
The commercial activities and the industrial production were not d4eprentdent on external factor like environmental misbalance and the natural calamities .The farmer having an agricultur3e production was solely dependent upon these two factors, this has provided a great disharmony in the progress of our nation . There were class prejudice between the various section of the society and this factor was coupled with the socio-economic factor relating to the comparative assessment of cost productivity. On one hand the industrial and commercial productivity was within the control of the labour to a certain extent however there was no organisation for boosting the cause of the farmers. By the erosion of the ethical values in the society and the rapid growth of the population, there was gradually a process of migration from there motherland to some of the major cities in the search of the better avenues for remuneration by the people. Thus the major population which was totally dependent on their agriculture output an living in rural area has under gone a great set back in respect of their earning prospects and ultimately by the fragmentation of the segment over the peace of the land, there was gradual declination of the standard of living in the village area .
The political equation which were originally set-up in the pre-independence era were caught in the whirl pool by the violent stroke of caste system which was generating the devaluation in the national integration with cumulative effect . People do not live to face the truth and thus has their evasive attitude which deepens the compulsive gambler maladies by the passage of time. Although there was deep bitterness amongst the different religions but the slogan were promulgated by our political leader to maintain the feeling of the brotherhood which was not possible without proper enforcement. Thus in such as situation when there was already a deep conspiracy to upset the flow of the national esteem amongst the mind of the citizens by the other nation ,the political set-up of our country has further exaggerated such problem to the multiple proportion. There was the need for law enforcement agencies but such enforcement was still not possible without having a control over the system .
This has become a crisis in the first decade after the independence gradually there was as rampant corruption ascending in the public life and the galloping race which was developed by the process of character assassination could not be halted even after the enforcement of the highest law of our country . The crucial factor , as are being discussed above alike hunger , deficiency ,disharmony and disintegration ,has further provided a fast deteriorating standard of our society and as a counter productive reactionary trend , the crime has perpetuated in our society. In absence of any deterrent , retributive and punitive theory of punishment , the political arena which was previously occupied by our so called political sufferer in the freedom movement, was gradually replaced by the criminals. This was a paradise to every law evading process to shield up their responsibility as a repercussion of the criminal activity by the procedural processed jurisprudence . Thus instead of having any growth for the advancement of the nation, every potential and resources lying within the competence and power of our citizen was vested in providing the security to our political superior. Thus by the dawn of fifty years of independence, India has not only undergone through a political uncertainty but it has exposed its character by demonstrating an example of hypocrisy, religious hatred and criminal domination.
The industrial output which was occupied by labour contribution, has further suffered on account of low productivity in the public sector. There are about 250 public sector in the central government while 710 public sectors are occupied by the state .These sector have become a money guzzles for the opportunists for accumulating their personal assets. The East India Company was initially given the power to get the administration over the different states as the ruler may earn the revenue through British’s but ultimately they became the ruler. The present industrial set-up of our country has further invited such divisive forces to rule over our nation.
The first and foremost requirement in our country is to deal with a criminal with severe punishment .It has rightly been said that it is only the fear which keeps a man to do the righteous thing in his life. The bane of caste system, the business of religion and unhygienic process for accumulation of the assets and resources with the limited people which has provided a disharmony in the society , can only be dealt with by confiscation and forfeiture of the property belonging to the criminals. The bonafide citizens and a genuine person may not be liable to suffer the atrocities committed by a criminal who may get escaped from the punishment by making a target on the victim. The state is responsible for every crime and it is a lame excuse that it is meant to preserve only the law and order situation. There is a need for getting every person being removed somehow or other who by his own nature uses to indulge in a criminal activities .

That is the need of the time other wise the entire nation will be compelled to become the hens of the criminals.

There is the second requirement for having an accountability of the wrong doer, It is certainly not the purpose and the objective of the law enforcing agencies , that a wrong be corrected or rectified. This is a reciprocal obligation upon every superior authority in the hierarchy of the system that their subordinate may get the proper punishment for every wilful defiance of their inaction and such in subordination of the rule of law in the society. It is the high time that every quasi judicial action in which there is a glimpse of dishonesty , such action apart from being dealt with by rectification of the mistake , be accountable against such officer on account of whose wilful negligence or lapses , the affected person has undergone a great agony, discomfiture , disappointment , frustration otherwise there will be no end of dishonest and apathetically circumstances from the society.
The ecological cycle has been totally disassociated from its normal course. There is the need for filling the rainy water inside our first subcutaneous layer from where the water is pulled through pumping set. This will provide the immediate water requirement to the citizen for their daily use as well as for their irrigation. There is the wastage of this water and ultimately the same is providing the flood to the other portion of the country lying on low altitude and in this manner we may again restore the glory of the Himalayan valley throughout our nation.
The privilege orientation system being generated for creating a psychological; terror on the mentality of as common man is required to be dealt with by the people themselves as no-one wanted to get his privilege been taken away simply on account of the wishes of the other citizens. The voice of the intellectual is soft and till they may not unite in the battle , the victory and the chances of success is always lying at a remote distance . Every toil will have its own colour subject to that we may be inclined to eradicate the prevailing maladies.
In exercise of the power conferred upon para eight of the tenth schedule of the Constitution of India, the speaker of the U. P. legislative assembly had framed “The member of U. P. legislative assembly (disqualification on the ground of defection )Rules,1987”. The statement of object and reason of the Constitution (52 amendment) at, 1985 were sum up in these words. The evil of political defection has been a matter of National concern. If it is not combated, it is likely to undermine the vary foundations of our democracy and principles, which sustained it. The anti-defection Bill is meant for outlawing defection and fulfilling the above assurance. Surprisingly, the expression “Political party” and “Defection” are not defined in interpretation clause. The splitting of 1/3 members of a particular party by formation of separate group is permitted, but the defection of a individual legislature is prohibited under the Act. This is a very strange that if you commit the murder of democracy with impunity under the garb of the split in political party, you will be punished but the infliction of the injury on political party is punishable with the disqualification of the membership of the legislature; if the legislature has acted according to his conscience by supporting the resolution of confidence or no confidence. The question which arise in the mind of individual citizen that whether while exercising his adult franchise in the election, he chooses an individual candidate or political party to come into power and it the political party is voted to the power why the individual is permissible to play the vital role in the formation of the legislation. There are other questions regarding the sanctity of the whip enforced by the individual party is a democratic trend or it leads to an anarchy or an oligarchy. Thus the Parliamentarian system of the governance by the political party appears to be undemocratic on its face value.
The supply of the essential commodity like food water electricity and other resources should be provided without interruption and for such crisis there is the vicarious liability of the state government. Thus it is for the state government to adopt the suitable measurement for providing such commodity and simultaneously to dealt with the person / employee working under them by awarding suitable punishment if they may cause such disruption.
The outcome of the agriculture production are the assets of the nation. There is the check and balance in respect of determination of the prices of the food products. However despite being regulated by the government policy, there has been an apathy with the problems of the farmers. Since the entire land is vested with the state government ,it is the duty reciprocal upon the state to provide the improvement in the soil for better productivity. There are many defects in the present system of agriculture system and till the government may not be held responsible for cultivation soil conservation and for providing the fertility , nothing can be improved by merely the slogans . Unfortunately there are the instances of the arrests a poor farmer when he finds himself unable to fulfil the contractual liability by repairment of the debt which he had taken for proving irrigation, cultivation and production of his agriculture land. Whether the government is justified for keeping privilege orientation and simultaneously putting the farmers inside the jail on account of there failure to repay the loan due to some natural calamity. Every sort of incentive by providing the financial assistance to the needy people is of no avail , if the son of the soil may
undergone a treatment of discrimination and arbitrariness by committing atrocities upon them.
The universal declaration of the human right is nothing but a misnomer in India . There is neither a human being who is born free and having equal dignity and rights as are being enjoyed by few opportunists. There cannot be an endeavour in the spirit of brotherhood. Our country has got the race prejudice which is dependent not only on the basis of the colour, sex , language but on the basis of caste affiliation. Here is no security of the person and everyone is subjected to be ruled by the law enforcing agents either in slavery or in servitude. People are subjected to torture and to get degrading treatment by another fellow citizen whoever is enjoying the power. The right to an effective remedy is totally collapsed by the pressure of the work. In such situation, how the courts which are considered to be sentinel in the quivive may enjoy the protection of the rule of law in the society.
Success lies upon the effective measures to eradicate root an branches of all evils. It is been considered that now the arms of the law are not long enough to mould the law . According to the need of the people. The law enforcement agencies are mainly adopting the coercive power by providing a torture and they are seldom not concerned with their duty. Thus a clear imperative by proper planning ,constant counselling and persuasion are the appropriate mean rather abrupt and spontaneous method. There is a need to provide some incidental and ancillary powers to the courts for adopting new device, new methods and new strategy in securing the justice to the people.
Necessary amendments are required to be done in our constitution by expanding the scope of Article 226 and 227 of the constitution of India.
The judicial verdict may be regarded as the foundation and the third pillar of the democracy which may have some foundation on the basis of the public opinion. If the people may start their trust in such system then no one can save it from the ultimate collapse thus every procedural law which is providing a barrier for effective adjudication of a dispute must be wiped out from its inherent impediment. The process of judicial proceeding are in itself cumbersome and exhausting. There are huge investment in the process of final verdict . Thus a system is required to be develop in which the person may feel confident. This is not a system which is purely dependent upon the gambit or like a profound gambler but on the other hand it may require to win the trust amongst the people. If the litigant consider it as a chance verdict for which a huge investment may require then for him it may become as a Hobson’s choice.
Unfortunately the mutation proceedings for providing the name being recorded ion the revenue record and on the basis of which every transaction is dependent are still being considered as the summary proceeding which are collateral piece of evidence for the purpose of realisation of the compensation in the land acquisition and for proving the possession . who bothers for title and it is seldom found easier to fabricate a negotiable instrument and document for raising a dispute and there by to obtain an injunction even amazed the state government to cultivate a right over such land. Thus it has become a compulsive gambler to an innocent citizen either to surrender his rights of ownership or he may adopt a course of criminal nature to settle dispute. Thus if the accountability and responsibility of the wrong doer may not be fixed by the present judicial system the foundation which are based for the peaceful assimilating of the superior command may gradually be vanished from the scene of our present judicial set-up.
The concept of tortuous liability has yet not been evolved for providing the damage to the victim of the wrong. In absence of such responsibility there is neither the requirement which has been visualised by the higher judiciary to have the proper and effective control over the subordinate judicial officer. Power of judicial review is coupled with the power to scrutinise as to whether the judicial authority entrusted with the power to hold enquiry was vested with the jurisdiction, power and authority to reach a definite conclusion which has been arrived by such judicial officer in delivering a judgement .
The legal proposition based on such supervisory jurisdiction is coupled with the fact as to whether an abuse of the discretion may not be viewed by its magnitude and its gravity of the said misconduct, may not be sufficient for disciplinary action. Such power may be exercised in exceptional cases but atleast there may be some fear in the minds of the judicial officer to conduct its functioning as the confidence of the litigant public may not be shaken by the lack of integrity and character of the judicial officer by providing the suffering to an innocent person and also to maintain the discipline in the judicial service. Unfortunately we have lost our sight from this basic requirement, which is necessary to maintain the rule of law .
The government has a sovereign function which includes the right to impose tax. Seldom , people ask that why they should be held responsible for the payment of the tax . The reason for their declination to fulfil such a responsibility is basically two folds; Firstly, the public money is mis-utilised by the bureaucrats and other politicians, who are holding the public office as the custodian of the trust of the people. Secondly, the money which is realised as the tax is occasionally mis-utilised for the political consideration which is contrary to the object and being invested for extraneous consideration. The tax payer has a right on the public exchequer as it may not be hired at the convenience of the politician. In absence of an institution like that of Ombudsman which is known as Lok -Aayukt where the people may lodge a complaint against the dishonest and corrupt officials. This is due to the reason that in India , we have lack of sense of duty and dedication to public service and a reluctance to confirm one’s own behaviour to the accepted norm of honesty and probity in public life. Illiteracy reigns supreme in India. A complete absence of enlightened public opinion is prevalent which is necessary to make such Institutions work. A persistent tendency to subordinate national interest to the personal interest accompanied by an Individual his inordinate love for chair , power and money is evident in our country. Thus in absence of a superior command we may seldom get a man, who by his own nature may be indulged for the welfare of the people. This is only the fear which may keep a person in order .
The judicial system which was initially meant for rectification of the mistake of the subordinate judicial officer , is seldom found in itself being indulged into its own mistake . The litigation is now being filed nearly as a clock for attaining private ends and as such the court must be careful to weigh conflicting interest of the other side. The consequent delay in disposal of the cases is seldom visualised the shortage of the water supply for the agriculture irrigation facility, shortage in electric supply ,obstructing industrial development and for the construction of the road and irrigation canal by entertaining the petition on the plea of malafide or by levelling the allegation for collateral purpose against the land acquisition proceedings. Thus there may be reimbursement of cost of escalation resulting from such delay to the public or to the affected party , in case such litigation which has started for extraneous consideration ultimately fails.
Religion is politics ; and the politics is the brotherhood ( William Blake ). Thus the politics is an essential branch of the art of promoting the human welfare and happiness but it was never considered to be an art of obtaining power, which may turn as demagogy. Every action has three basic requirement for its objective , i.e Desire , Emotion and Knowledge. In absence of any of the three basic ingredients to be adhere prior to the implementation of a policy, we may have the utter failure in every efforts. Thus the country is also bound to collapse on every front, if there is the absence of the knowledge amongst our politicians. Every basic thrust is secondary for the utilisation. If we consider money as the paramount consideration for attaining the political power , the custodian of the public trust shall automatically purged with the illusion of hypothetical superiority and nothing shall remain to provide a contribution towards the welfare of the citizen. The necessity of the money is to achieve the basic requirement otherwise the accumulation of it in itself become a corruption. The similar sentiments may be attributed towards power and sex desire which has its reservoir in the emotional psychological sphere but if it is unchecked it may result in disastrous for the society. Thus if we are inherently incapable to decide, what is required for our existence , there is a need for sanction and the punitive measurement, if one may side track from the basic requirement unfortunately despite our inherent capability to improve in a span of last 50 years after being ruled by the alien power, we have yet not evolved an effective system. This is the reason of our political disaster.
Oligarchy, a system in which ultimate power is confined to a section of the community; the rich to the exclusion of the poor, aristocrats to the exclusion of plebeians, opportunists to the exclusion of benevolence , reservation to the exclusion of efficiency, males to the exclusion of females ,is an absolute monarchy in our nation. This system is based on the ethics of gaining more advantage of than of that of the rest of the community. The power rests on public opinion and if we diversify our intention for the lesser important factors, the prominent amongst them may be crucified. This was the approach of our political master to rule the nation after getting independence . In the present context of the political set-up of the country having certain global phenomenon regarding involvement of the politician at large in the nefarious activities by gaining undue prominence without any moral obligation towards the citizens to protect their human rights , there should be the persistent efforts of the people for participating into political sphere as the article of perpetuating corruption by mediocrity and thereby earning enormous money and power to be restricted for which the person willing to sacrifice their future for the betterment of the human rights of the public may come forward . The choice of the people in political arena for launching any political party into the power is just like of patting the snake or Cobra . Destiny is the result of consequences reflecting through individuals action. An urge may lead to big surge . Hell and heaven both exists in a society only the truth remains without any virtue , not with any voice. It is said that where the science ends , religion begins ; where the religion ends spiritualism starts ; where the spiritualism ends , a reality survives. These are the realities of the life in the process of evolution . the creative acts of the genius are always remain the subject matter of criticism as they are usually confronted with optionally stupidity of other fellow citizens. There is a delicate balance between public duty and personal honour . The numerical majority leads to the destruction of benevolent leadership . The human progress do not originate in the composite brains , but it is by the wisdom of the individual personality . Thus in the search of the better human rights provided to its citizens , there is necessarily some impediments in process of evolution and advancement of society because the protection is at large in favour of those citizens who are involved through their activities towards their towards destructive approach for advancement of the society , which is detrimental to the interest of the superior in command . Still there may not be any compromise with the human rights conferred upon an individual.
Society is becoming more complicated. The democracy brings with it evils of its own system . It is difficult to search a really devotes person amongst the majority. Psychological reconciliation amongst fellow citizens to utilise every potential energy and to maintain co-ordination between fellow citizens. Civilisation begins in order , grows with liberty and ultimately perish in chaos , civil liberty are better and save as long as its enforcement do not bother others existence . Administrative system and judicial institutions are considered for vacillation of the purposes. There is always a conflict between opinion and rivalry of the interest. Time has come to expose the falsehood and fallacies through discussions in order to avert its global devolution. The remedy is speech, not enforced silence. The ship of progress is equipped with moral strength. We cannot remain silent spectator by observing the gradual disintegration of every institution in a democratic society. However , our potential will prove the power to save them and to resist against evil disasters . There is no steady advance towards higher condition of progress. The opinion persists to subordinate personal interest to social interest as the vested interest are always motivated to usurp power through any means even at the cost of its own interest. Sincerity is now slave of destructive activities and human rights are passing through the state of psychological retardation. Attitude of the public is mainly consist of denouncing the receptive norms. Moral damage is more terrible.
The individual human rights enforcement is inadequately persists and thus the existing remedies are required to fresh appraisal. The entire fabric of the society is scattered and shattered , which is existing with galloping corruption. The proper assessment of legal and social condition is essential. Reason obeys itself while ignorance submits to whatever is dictated to it . Freedom does not mean abuse nor liberty is a license . The survival of the human rights and individual freedom requires obedience, endeavour, honesty , truthfulness, sacrifice , discipline and character . Implementation of the strong idea requires steadfast wisdom. Such idea should burst every chain , which tends to paralyse its efforts to push forward. Most of the people tends to see nothing nor inclined to observe. They do not take the notice of evil consequences as the simplest and the cheapest attitude is apathy. The ensuring success is mostly understood at the beginning due to strong contrast of public opinion .
There is one prominent factor in representative government that it is not ruled by the minority through the brute forces and may again lead to us for a slavery. Thus it is seldom considered that let the advancement of the people may suffer by other radical factors , but at least we are not leading for the unpleasant slavery and subordination at the hands of a foreign ruler. Thus we have to search the new method, strategy, accountability and responsibility in the present political system of a representative government. Every art and every enquiry and similarly every action and pursuit is thought to aim for welfare of the people and thus all things depends upon them to find as better end .