What is in the Constitution, how good it might be, who has tried what are all
immaterial.
What is material is WHAT it has PRODUCED, how it has helped or hindered or
remained
mute witness to the state of affairs.
With that as the focus, things MUST be changed to make it serve the people.
That simple.
Give you a single simple example:
Why is it that no powerful politician, bureaucrat, businessman, those
who have
their fingers on the control of power and authority, cannot be
prosecuted successfully
and brought to book, no matter how overtly corrupt they are?
Obviously some things need changing.
What are they?
What has to be done to change them? What are the impediments in the
operating
system that makes this happen?
And WHY has the operating system been unable to respond to it over the
decades?
This is just a solitary example. The same for every facet of public life.
Re-examine, change!
On Aug 15, 2010, at 9:30 AM, kamal deka wrote:
>>>>>> I totally support if some parliamentarians make the demand for
>>>>>> incorporation of
> Autonomy into the Indian constitution. Is there someone who will risk that?
> Someone from Assam or J&K to make some noise in Loksabha? If it fails first
> time, try another time, then another .............? As far as I know no one
> has
> tried it yet.<<<<
>
> In 2000, Farooq Abdullah's autonomy roar that caused echoes elsewhere
> in the country is well known. Punjab, Assam and Tamil Nadu warmed up
> to the growl of Kashmir's Lion II; why, some politicians in
> Maharashtra and West Bengal too were aroused by it.
>
> ALL THAT IS KNOWN. What is unknown is what exactly these disgruntled
> chaps want when they bark for autonomy, more autonomy, regional
> autonomy.
>
> Some indicators are, of course, available. Assam's chief minister (
> Prafulla Mahanta ) cried out that the states have been weakened by the
> "accumulation of virtually all powers at the Centre." This last belief
> has been reinforced by the Punjab chief minister's keenness to soon
> HOLD A CONVENTION OF " FEDERAL MINDED" leaders urging for more power
> for the states and for "a true federal structure."
>
> All this is confusing to the uninitiated. Indeed, even some otherwise
> intelligent people have stretched the concept of autonomy to believe
> that it is tied up with individual liberty and social justice. The
> time has probably come then to bare some basic facts of federalism and
> how it has operated in India.
>
> The first fact is that the word "Federation" has not been used even
> once in the Constitution of India even after 79 amendments. Yet, the
> very nature of our Constitution is not unitary but a federal one.
>
> The second fact to be noted is the Indian Constitution seeks to create
> three functional areas: An exclusive area for the Centre, an exclusive
> area for the states and a common or concurrent area in which both the
> Centre and the states may operate simultaneously, subject to the
> overall supremacy of the Centre.
>
> Article 246 (1) of our Constitution confers on Parliament an exclusive
> power to make laws in respect of 99 matters. Included in this Union
> List are defence of India, ports, railways, airways, post, telephone,
> telegraph, and regulation of such oil fields, river valleys and
> industries as are declared by Parliament to be expedient in the public
> interest.
>
> Similarly, Article 246 (3) confers an exclusive power on the states to
> make laws on 61 matters. Included in this State List are 21 items for
> raising financial resources; notable among those are taxes on
> agricultural income, land revenue including assessment and collection,
> taxes on lands and buildings, estate and succession duties on
> agricultural land, excise duties on liquors and taxes on entry, sale
> and purchase of goods as well as on consumption or sale of
> electricity.
>
> A unique feature of the Indian scheme of division of powers is the
> existence of a large concurrent field of 52 matters on which Article
> 246 (2) currently confers power of legislation on both the Centre and
> the states.
>
> The general idea underlying the Concurrent List is that there may be
> subjects on which Parliament may not feel it necessary or expedient to
> initiate legislation in the first instance. A state may therefore make
> a law on a matter in that Concurrent List. However, if and when that
> matter assumes national importance, the Centre should have the room to
> step in and enact necessary legislation in order either to i. secure
> uniformity in the law throughout the country or ii. guide and
> encourage state effort or iii. provide remedies for mischief arising
> in the state sphere extending beyond its boundaries.
>
> Examples of i. above the Indian Codes of Civil and Criminal Laws;
> labour legislation is evidence of ii. above and legislation for
> prevention/control of epidemic diseases is an illustration of iii.
> above. Conspicuously enough, the subject of "education" was on the
> exclusive State List since the adoption of our Constitution in 1950
> before a Constitutional amendment shifted it to the Concurrent List
> with effect from January 3, 1977.
>
> However, even when the Centre makes a law for the whole country on a
> matter in the Concurrent List, a state may also make supplementary
> laws on that matter to provide for special circumstances within the
> state. The Concurrent List thus makes the scheme of distribution of
> powers somewhat flexible. It permits of diversity along with a unity
> of approach.
>
> KJD
>
>
>
>
> On Sat, Aug 14, 2010 at 7:25 PM, Dilip and Dil Deka <[email protected]>
> wrote:
>> "AUTONOMY, is the way for such redemption for some. And a true and meaningful
>> FEDERAL arrangement
>> could be for others.
>> That is the bottom line."
>>
>> ++++ I agree with your bottom line and I have been saying the same thing in
>> the
>> net for a long time. Now we can breathe easier, SOVEREIGNTY is not your
>> slogan
>> anymore. :-)
>> I totally support if some parliamentarians make the demand for incorporation
>> of
>> Autonomy into the Indian constitution. Is there someone who will risk that?
>> Someone from Assam or J&K to make some noise in Loksabha? If it fails first
>> time, try another time, then another .............? As far as I know no one
>> has
>> tried it yet.
>>
>>
>>
>>
>> ________________________________
>> From: Chan Mahanta <[email protected]>
>> To: A Mailing list for people interested in Assam from around the world
>> <[email protected]>
>> Sent: Sat, August 14, 2010 11:38:21 AM
>> Subject: Re: [Assam] I Loved This One---from ToI
>>
>>> I completely agree. But you aren't trying to paint with a broad brush are
>>> you ? :-).
>>
>> **** It is not a broad-brushing based on small or isolated examples. It is
>> the
>> NORM, the
>> prevailing condition. Do you disagree?
>>
>>> In fact, when people demand a correction
>>> (as in CWG, or Hemanta Sarma) - things often fall in line. Such
>>> participation is paramount for a healthy democracy.
>>
>> *** So, is it something NEW? That has not been tried or done before?
>> But what has changed?
>>
>>
>> Participation YES, but that is an all encompassing truism. Like the truth
>> shall
>> prevail.
>> Or honesty is the best policy. Question is HOW, WHEn, WHO? The Devil here
>> is in
>> the details.
>>
>>
>> What is OBVIOUS is that India does not have, it cannot muster the POLITICAL
>> will
>> to CHANGE things. It cannot if it tried. It is TOO fRACTURED, it is TOO
>> disparate.
>> It tries the one size fits all approach, and gets nowhere. It will get
>> nowhere.
>>
>> That is why it is paramount that the disparate peoples organize into smaller
>> entities and
>>
>> devise ways to manage their destinies , to be RESPONSIVE to their unique
>> needs,
>> WITHOUT
>> being held to ransom by far-flung forces that have NO DESIRE or ABILITY to
>> deal
>> with THEIR
>> specific needs.
>>
>> AUTONOMY, is the way for such redemption for some. And a true and meaningful
>> FEDERAL arrangement
>> could be for others.
>>
>> That is the bottom line.
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> On Aug 14, 2010, at 10:38 AM, Ram Sarangapani wrote:
>>
>>> C'da,
>>>
>>>> What you always seem to miss, is this problem of ENFORCEMENT, of
>>> investigating, adjudicating
>>>> and punishing the corrupt, of punishing bad behavior and rewarding the
>>> good.
>>>
>>> Actually, I didn't miss it, just thought it is a given.
>>>
>>> Just enforcement too is not enough - the court systems are over burdened,
>>> and so are the good cops.
>>>
>>>> Generations of Indian now have not seen anything different. Many think that
>>> is how it IS, others think
>>>> "they are like that only", yet others who know that it ought not be so, but
>>> have no faith at all that things
>>>> could ever be changed. Also, generations of Indians have grown up thinking
>>> and believing that
>>>> they have democracy, the best, and things will take care of itself after
>>> they performed the
>>>> rituals of elekshuns.
>>>
>>> I completely agree. But you aren't trying to paint with a broad brush are
>>> you ? :-). In fact, when people demand a correction
>>> (as in CWG, or Hemanta Sarma) - things often fall in line. Such
>>> participation is paramount for a healthy democracy.
>>>
>>> --Ram
>>>
>>> On Sat, Aug 14, 2010 at 9:59 AM, Chan Mahanta <[email protected]> wrote:
>>>
>>>> What you always seem to miss, is this problem of ENFORCEMENT, of
>>>> investigating, adjudicating
>>>> and punishing the corrupt, of punishing bad behavior and rewarding the
>>>> good.
>>>>
>>>> Generations of Indian now have not seen anything different. Many think that
>>>> is how it IS, others think
>>>> "they are like that only", yet others who know that it ought not be so, but
>>>> have no faith at all that things
>>>> could ever be changed. Also, generations of Indians have grown up thinking
>>>> and believing that
>>>> they have democracy, the best, and things will take care of itself after
>>>> they performed the
>>>> rituals of elekshuns. When it does not, they whine and moan. But they also
>>>> need to LIVE, make a living.
>>>> And they know ALL too well, that it is only ONE life to live.
>>>>
>>>> So what is your magic bullet for fixing thins. Is there ant y?
>>>>
>>>> Or could it be that a whole slew of things have to be done, over time, to
>>>> turn things around.
>>>>
>>>> And WHO will do that? WHEN? Has it started. Will it ever?
>>>>
>>>> If it has not even started, how could it be started? If it has, where,
>>>> what, how?
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> On Aug 14, 2010, at 9:48 AM, Ram Sarangapani wrote:
>>>>
>>>>> C'da,
>>>>>
>>>>> Thanks for fwding this. Really good - just loved it.
>>>>>
>>>>>> Only one complaint: Tiwari shoud have addressed it to the WORST of them
>>>>> all, not ALL of India. Ain't right to paint everyone with the same brush.
>>>>>
>>>>>
>>>>> But let's look at it from Tiwari's angle: Everywhere he looks, there is
>>>>> corruption - it's only a matter of degrees. While one might argue that a
>>>>> whole set of corrupt leaders are leading (and forcing) an easily
>>>> corruptible
>>>>> mass, such that corruption has become a way of life, and no longer an
>>>>> exception, but the rule - it must only be the fault of these leaders....
>>>>>
>>>>> It does take two to tango.
>>>>>
>>>>> In the end, it all boils down to : do you pay Rs. 500 extra, and catch
>>>> your
>>>>> flight back to the US, or do you stand your ground, and hold on to those
>>>>> ideals, and maybe miss that flight.
>>>>> I would catch that flight :-),
>>>>> and still use the broad brush & blame all - bribers, and the bribees :-)
>>>>>
>>>>> --Ram
>>>>>
>>>>> On Sat, Aug 14, 2010 at 8:57 AM, Chan Mahanta <[email protected]>
>>>> wrote:
>>>>>
>>>>>> I loved this one. Only one complaint: Tiwari shoud have addressed it to
>>>>>> the WORST of them all, not ALL of India. Ain't right to paint everyone
>>>> with
>>>>>> the same brush.
>>>>>>
>>>>>>
>>>>>> cm :-)
>>>>>>
>>>>>>
>>>> http://blogs.timesofindia.indiatimes.com/bugs-eye-view/entry/mr-kalmadi-s-fake-statement
>>>> t
>>>>>> Mr Kalmadi's (fake) statementAlok Tiwari, 14 August 2010, 02:53 PM IST
>>>>>> Last night I dreamt I was appointed the speechwriter and propagandist
>>>> for
>>>>>> Commonwealth Games Organising Committee chief Suresh Kalmadi. The
>>>>>> appointment happened through a dubious process the details of which I
>>>> shall
>>>>>> not bore you with. It was for an obscene amount of money paid into my
>>>>>> numbered Swiss bank account. As one of my first assignments, I wrote the
>>>>>> following statement for Mr Kalmadi:
>>>>>>
>>>>>> My fellow citizens,
>>>>>>
>>>>>> Over the last few weeks, I have read and watched a series of reports
>>>> about
>>>>>> corruption in the organizing of Commonwealth Games. It has pained me no
>>>> end.
>>>>>> Some of those things I have tried to explain but what has shocked me is
>>>> the
>>>>>> demand for my exit. Each day there is a new disclosure and the chorus
>>>> begins
>>>>>> again. Therefore, I decided to confront the question head on.
>>>>>>
>>>>>> Yes, corruption has taken place in holding of the games. Trails of quite
>>>> a
>>>>>> few scandals lead right up to my door. So I will not deny it. But what
>>>> is so
>>>>>> surprising about it? What did I do that had not been done before? To see
>>>> the
>>>>>> outpourings of outrage everywhere, it would appear Indians are seeing
>>>>>> corruption happen for the first time. Come on, let us shed that garb of
>>>>>> innocence.
>>>>>>
>>>>>> Please come with me to the collectorate of any of our nearly 450
>>>> districts.
>>>>>> Each one presided over by an IAS officer, the best and the brightest
>>>> among
>>>>>> us. Here you find people in their thousands waiting for such commonplace
>>>>>> things as domicile and caste certificates. There are contractors waiting
>>>> for
>>>>>> permits to mine materials such as boulders and gravel. My contractor
>>>> friend
>>>>>> tells me it takes 18 approvals to get one permit. Please try to get just
>>>> one
>>>>>> of them without giving a bribe or using a big name. The same goes for
>>>> each
>>>>>> certificate.
>>>>>>
>>>>>> I could take you to the secretariat of each of our 30-odd states. Or to
>>>>>> ministries in New Delhi where even bigger deals are made. The story will
>>>> be
>>>>>> repeated on a progressively larger scale. Let us travel to any of the
>>>> RTO
>>>>>> offices. I dare you to have a vehicle registered or transferred, or just
>>>> pay
>>>>>> your tax without going through a tout or paying someone. Why, most of us
>>>>>> have driving licences. I ask each one of you to keep your hand on your
>>>> heart
>>>>>> and ask whether you got it by honestly appearing for a test or gave a
>>>> small
>>>>>> fee to someone to get it for you.
>>>>>>
>>>>>> I also want you remember the last time you were booked for jumping a
>>>>>> traffic signal or wrongly parking your car. Did you quietly pay your
>>>> fine or
>>>>>> tried to settle the matter with the cop for a lower amount? Please get
>>>> me a
>>>>>> birth certificate from your local municipal office in a straightforward
>>>>>> manner. I could say the same about courts but for the risk of being
>>>> hauled
>>>>>> up for contempt. I shall still suggest that you spend a day in the court
>>>>>> complex of any district and check out the exemplary honesty and
>>>> integrity
>>>>>> with which everybody from peon to lawyers to judges work there. Let us
>>>> then
>>>>>> go to a PWD or an irrigation department office of your choice and try to
>>>>>> find a road or a dam built with complete honesty. I could go on. But you
>>>> get
>>>>>> the drift, right?
>>>>>>
>>>>>> Somebody has thrown a CAG report on my face. Poor CAG has been writing
>>>> such
>>>>>> reports by the dozens about every department of every government at
>>>> every
>>>>>> level. I am yet to discover their utility other than providing
>>>> particularly
>>>>>> untalented reporters a means to live another day. The toilet paper in my
>>>>>> bathroom finds better use than those reports. It is the same with CVC.
>>>>>>
>>>>>> And, ah, the media… How can I forget my friends there? Please ask them
>>>>>> about the increasingly blurred line between advertising and commercials
>>>> so
>>>>>> that readers do not know what is paid for and what is not. What
>>>> editorial
>>>>>> integrity do we see when interviews and features on movies appear
>>>> sweetly
>>>>>> timed with their release? We had the scandal of paid political news
>>>> during
>>>>>> elections. I am yet to see an editor or an owner hauled over the coals
>>>> for
>>>>>> that or being asked to demit office.
>>>>>>
>>>>>> No, my compatriots, it is not corruption in CWG that bothers you. If
>>>> that
>>>>>> were the case, you would have lynched every district collector and every
>>>> RTO
>>>>>> in the country by now. You have long made peace with corruption. You
>>>> have
>>>>>> become part of it when you could. It is brazenness and scale of my
>>>>>> corruption that concerns you. That is the novelty element. If my team
>>>> had
>>>>>> kept itself limited to taking 10 or 20 per cent cut, you would be
>>>> looking
>>>>>> the other way. The media would find it boring to report that. What
>>>> shocks
>>>>>> you is that I paid Rs 9 lakh for hiring a treadmill that could be had
>>>> for Rs
>>>>>> 45,000. If I had done the deal at Rs 50,000 you would be OK with it. You
>>>> do
>>>>>> not mind people crossing the line. You mind them crossing it too openly.
>>>> But
>>>>>> you forget, friends, that once you allow crossing of lines you cannot
>>>> set
>>>>>> the rules for it. Also, I have only raised the bar here. Citius, Altius,
>>>>>> Fortius. Isn't that what having games is all about? Give me credit for
>>>> at
>>>>>> least that (though I'd prefer cash!).
>>>>>>
>>>>>> With all sincerity (or what is left of it amongst us),
>>>>>> Suresh Kalmadi
>>>>>>
>>>>>> Now, if only I could get Mr Kalmadi to sign it…
>>>>>> _______________________________________________
>>>>>> assam mailing list
>>>>>> [email protected]
>>>>>> http://assamnet.org/mailman/listinfo/assam_assamnet.org
>>>>>>
>>>>> _______________________________________________
>>>>> assam mailing list
>>>>> [email protected]
>>>>> http://assamnet.org/mailman/listinfo/assam_assamnet.org
>>>>
>>>>
>>>> _______________________________________________
>>>> assam mailing list
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>>>>
>>> _______________________________________________
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>>
>>
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