Composition of village Nyay Panch, District Nyay Samiti, Rajya Nyay Parishad and Rashtriya Nyay Sabha
The following provisions will be introduced in the constitution.
- There shall be RASHTRIYA NYAY SABHA which will be supreme authority for judiciary. It will have 100 members elected by members of Rajya Nyay Parishad & Jilla Nyay Samitis.
- There shall be RAJYA NYAY PARISHAD in each state. It will have members equivalent to Districts of the State subject to maximum 50 members and minimum 5 members elected by members of Jilla Nyay Samitis and Gram Nyay Panchs..
- There shall be JILLA NYAY SAMITI in each district. It will have maximum 50 members elected by members of Gram Nyay Panchs..
- There shall be GRAM NYAY PANCH in each village. It will have 5 members elected by Gram Sabha.
- No any member of any political party can be a member in any NYAY PANCH or NYAY SAMITI or NYAY PARISHAD or NYAY SABHA.
- No any government servant or no any public servant working in any panchayat can be a member in any NYAY PANCH or any NYAY SAMITI or NYAY PARISHAD.
- RASHTRIYA NYAY SABHA will prescribe the qualifications for members of GRAM NYAY PANCH, JILLA NYAY SAMITI and RAJYA NYAY PARISHAD and RASHTRIYA NYAY SABHA.
- No person can be a member of RASHTRIY NYAY SABHA unless he has 5 years experience in RAJYA NYAY PARISHAD.
- No person can be a member of RAJYA NYAY PARISHAD unless he has 5 years experience in JILLA NYAY SAMITI.
- In every Nyay Panch atleast 50% seats will be reserved for women.
- In every Nyay Samiti atleast 30% seats will be reserved for women.
- In every Nyay Parishad atleast 20% seats will be reserved for women.
- In Rashtriya Nyay Sabha atleast 20% seats will be reserved for women.
- In Rashtriya Nyay Sabha atleast 20% seats will be reserved for women.
- Members of the Rashtrya Nyay Sabha will be elected by the members of Rajya Nyay Parishad and members of District Nyay Samiti.
- Each voter will cast the votes equivalent to the population which he or she represents devided by 10000 and rounded of which shall be prescribed by election commission.
- Members of the Rajya Nyay Parishad will be elected by members of District Nyay Samiti and Nyay Punch. Each voter will cast the votes equivalent to the population which he or she represents devided by 1000 and rounded of which shall be prescribed by election commission.
- Members of the Jilla Nyay Samiti will be elected by members of Nyay Punchs of villages and towns. Each voter will cast the votes equivalent to the population which he or she represents devided by 100 and rounded of which shall be prescribed by election commission.
- Members of the Gram Nyay Panch will be elected by voters of the village or town.
- Gram Nyay Panch will have jurisdiction on civil and criminal offences occurring in the village.
- Gram Nyay Panch will not have jurisdiction for offences on National security and of national importance and of offences of misuses of powers by elected members.
- Jilla Nyay Samiti will be applete authority on Gram Nyay Panch.
- Judgement of Jilla Nyay Samiti will be binding to the Government for any offence committed by Government servant.
- Gram Nyay Panch will have full discretionary powers to decide the case on merit without adhering to the letters or rules or regulations. But while giving judgement, spirit of the justice should be preserved.
- All elected members of Rajya Nyay Parishad and Rashtriya Nyay Sabha will become judges. All high courts and supreme court will be abolished.
Popularity: 6% [?]
bharat swabhiman party will when declared the stand in election in 2014,& who will be the main leader in bharat this party.it means who will be the lead to party. please replay.
transfer of power affrment ko rajya ya hindi me bhasantarit kar jan jan tak pahuchana hoga. pher jan congress ka faisala karigi.
Om
24. Gram Nyay Panch will have full discretionary powers to decide the case on merit without adhering to the letters or rules or regulations. But while giving judgment, spirit of the justice should be preserved.
People are awakening slowly. The above concept is implemented already in a few villages in Tamil Nadu. In Saranthangi village no police is allowed to enter the village and all the issues are amicably settled by the villagers themselves. For more information about this village, read this blog “Saranthangi: One More Model Village in India.”
http://sakthidaran.learningprofessor.info/blog/?p=1833
Jai Hind
Dear Sirs,
I hope the idea elaborated in my article given below is a perfect solution to have impartial elections for existance of democracy. Please go through and comment. You can also mail me on chavanbm@yahoo.co.in
Regards,
(B.M. Chavan)
Member, Bharat Swabhiman, Pune, Maharashtra
RECONSTRUCTION OF INDIAN DEMOCRACY–
A Thought to Cure All the Social Problems of India
Our beloved Father of the Nation – Mahatma Gandhi dreamed about an “India in which the poorest shall feel that it is their country in whose making they have an effective voice, an India in which there shall be no high class and low class of people; an India in which all communities shall live in perfect harmony. There can be no room in such an India for the curse of untouchability, or the curse of intoxicating drinks and drugs. Women will enjoy the same right as men. We shall be at peace with all the rest of the world”.
Are we on the right path in making India of these dreams of our beloved Father of the Nation – Mahatma Gandhi?
1. Present Status
On the eve of 15th August 1947, India became free from the British rule and got the freedom to govern on its own. To govern the country, the Constitution prepared under the Hon’ble Chairmanship of Dr. Babasaheb Ambedkar was unanimously adopted and made effective from 26th January 1950. India adopted representative democracy and set up an Election System to elect the representatives from the society to govern the country. Ever since many changes started to occur in the Indian politics and its society and the country started facing the problems of casteism, racism, terrorism, corruption and many more such evils vigorously. Innumerable political parties came into existence with their self-centered goals and now it has become the ‘Era of Coalition Government’, as none of these parties get absolute majority to form their independent government. While in power, the public representatives are always busy in saving their position/chair by hook or crook. In this process, instead of being the representatives of the society, they transformed into the representatives of their respective party/party bosses. These parties and their bosses started taking toll by governing the country with their self-centered intentions without caring the interest of the majority of the public in the country. They started caste/religion-based politics to lure the public sentiments to get into the power. They used the divide and rule principle, axing the unity and harmony of the country. Self-centered interests started to emerge and, as a result, we got so many parties having their different ideologies and philosophies to govern this country. Not a single party thinks of the interest of a common man. The common man started feeling insecure from his own elected representatives/government. He finds himself miserable and helpless due to the rampant corruption flourished in all walks of life. He finds it difficult to live peacefully and securely in his own country. His problems are not being addressed properly by his elected representatives/government. The bread and butter meant for him (the common man) is being apportioned by his elected representatives. He does not get the proper wages for the work he does. Though the majority of the population in the country is agrarian, we do not find anybody genuinely addressing the problems being faced by the farmers today. WHAT A SHAME! Is this the kind of democracy dreamed by our forefathers who fought for getting this mighty Freedom for us? Will they be happy in the heaven over the prevailing state of affairs in their beloved India? This present scenario in the country shows that we are certainly not on the right path in making India of the dreams of our beloved forefathers who did not care their lives and shed their blood to get us this mighty Freedom!
The time has come to open up the eyes and think upon, as to how these anti-social activities took place in the democratic India after the Independence even though it has been governed by its own people. Was our country that much insecure as of today? Was there that much corruption as we are facing today? Were there that many selfish and rich politicians as we have today? The answers to all these questions is unanimously “NO!”. The India after Independence should have been free from all these evils as it is being governed democratically by its own people and for which cause our ancestors fought the battlefield of the Independence. Why this has not happened? Just give a thought in your mind and you will agree that this has not happened because of adoption of defective Election System at the time of Independence. We have adopted representative democracy lacking the proper accountability of our elected representatives. The elected representatives are supposed to be the ‘Servants’ of the public, while the present election system helped them to transform into ‘Masters’, and the evils caused due to their selfish interests like corruption, casteism, terrorism/illegal infiltration and such many more flourished in India in a very alarming rate and we are fed up with this system just in 60 years of Independence. If some proper corrective steps are not taken on time, a day is not far when the majority of Indians will be in the slavery of a handful of corrupt politicians causing a major divide and massacre in the society. The situation will come where the majority of the people will think that the India before Independence was far better and secure than the present one and question what for we got this Independence?
2. Changes occurred in the country on adoption of the present Election System
On adoption of the present election system, we have seen many changes in the Indian society and its representatives. To name a few, following are these changes and its bad effects on the society –
i) Politics has gained more importance while adversely affecting the well being of the society.
Now-a-days politics has gained more importance while adversely affecting on the well being of the society. We find many contestants for election whereas their interest is self-centered rather than serving the society. We find many public representatives becoming richer possessing disproportionate assets – although they are not being paid officially that much. This denotes that their interest to enter into the politics is purely self-centered rather than the selfless social service that they pose to people. Politics has emerged as a very high profit profession/business without investment, at the cost of the citizens of the country.
ii) Emergence of many political parties causing nuisance in the society.
We find emergence of many political Parties in the post-Independence era due to differences in their ideologies and interests. We also find party men divided over their self-centered interests. Their division not only divides the society but also disrupts the harmony and cause nuisance. Thus, emergence of many political parties causes internal clashes in the society, which is a major threat to India today.
iii) Emergence of casteism/racism, terrorism and many more such evils in the society.
In a country like India, where population is huge and many casts exist, we see many political parties taking advantage of these two factors. They divide and exploit the public on the basis of their castes/religions and create undue bad feelings about each other among the members of the society. This bad feeling causes many caste/religion based clashes resulting in internal security risk. We have seen so many caste/religion based clashes and massacres in our society after the Independence.
The reservation policy for Dalits, which was agreed by Mahatma Gandhi and Dr. Babasaheb Ambedkar during Poona Pact for initial 10 years, is still hounding India after the lapse of 60 years, just because of the benefit of these political parties in the election. We still see many of our Dalit brothers/sisters, who are economically backward and thus require this reservation benefits, deprived of it. On the contrary, the benefits of reservation policy are enjoyed by the already enriched ones in that category. Are we following the real meaning of the agreement between Mahatma Gandhi and Dr. Ambedkar, in letter and spirit? The real purpose for which reservation policy was agreed by these two great leaders was upliftment of downtrodden in the society. If at all India needs reservation policy, it should be strictly on ‘economic backwardness’ basis, as we see so many families facing the economic backwardness in all the castes and resultantly facing all type of the exploitation. However, such decisions don’t take place due to unwillingness of the political parties/representatives, as they require such caste-based reservation to lure the public of such castes for votes. It shows that they (political parties/ representatives) do not care the well being of the society for their selfish and short sighted gains.
Terrorism is another issue, which is a result of frustration among the misguided youths of some sections of the society. If at all we want to eradicate this evil, we should examine the reasons/root causes, which force them to become terrorists. First we have to offer proper solutions to their frustrations. Secondly our representatives/government should be willing to enact stringent laws and keep proper vigil against such threats/acts of terrorism and those responsible for it. We see it is our present politicians, not paying their proper attention to enact stringent laws and executing the proper orders of punishment towards such defaulters. Because of their lack of will for their selfish political gains, the life of innocent masses is on task. We all are aware about the recent remark by the Hon’ble Supreme Court of India, revealing its frustration over the present state of governance in the country, saying, “God is also helpless to save this country”. This remark by the Supreme Court itself is like a mirror before us, wherein we can see clearly the reflections of the present state of governance in the country.
iv) Diminishing public interest in the Government and the governance.
We saw contestants making many promises before the election and forgetting it afterwards. We also saw contestants bribing the public for votes. After getting elected, they rush to their Party Leader(s) for their selfish goals of getting powerful positions in the governance. At that time they are totally concentrated on their selfish motives rather than the motive of serving the people. When they get or fail to get such powerful positions, they only concentrate on their own well being, forgetting the society of which they are representatives (servants). Instead of keeping watch over the administrative set up for its proper functioning, they indulge in making the whole administrative system corrupt for their selfish gains. Their decisions are solely self-centered without having the well being of the society in their minds. Thus the decision taken by these political leaders neither involve the will nor the interest of the majority of the public. Here the total meaning of democracy fails as the Servants of Public turns to be the Masters and the interests of majority of public are not taken care by these Servants turned Masters. This situation has resulted in diminishing faith/interest of the public on the Government and consequently lesser turnout to cast their votes during the election. The public observed during the last six decades that nobody cares for their demands/necessities after getting elected in the present system and their vote doesn’t make any sense in governing the country.
3. Overview of the present ‘Election System’ followed in India
As per the present election system followed in India, the power of general public is only limited up to electing their representative. The real power to choose their government is not in their hands. The elected candidates/parties decide the formation of the government on mutually decided terms after the election. Their terms and conditions are all self-centered and they do not care for the public opinion/will/interest in forming the government. If no party is in majority, we are aware of the horse-trading done by these party men to get into the power and form the government. We have many examples of such candidates those who are not elected / get lesser public votes sitting in the powerful public offices and creating bias in the country. On the contrary, we also see those who get plenty of votes, instead sitting helplessly facing the problem of present election system. They are the real victims of the present election system. The elected representatives are only required to be in the good books of their party leaders/bosses to get powerful public positions. Thus, in the present system, there is no value for the votes and the voters. Can we consider this type of participation of public in governing their country a democratic one? Is it right to label such government as ‘Democratic Government’? Can we say such government as our own government? No! We cannot, simply because it is not selected by us. The present election system recognizes the candidate own by just one vote, compared with other contestants, as elected and makes him eligible for horse trading to grab the powerful position in the public office. Doesn’t it mean that the present ‘election system’ is responsible to make our representatives dishonest towards their Masters (public) as soon as the election is over, like a Chameleon? Is it correct to mean such elected candidates represent majority of the public in their constituency, where the total turnout of voters is just around 40-60% and others does not care to vote due to their lack of interest in the present election system? Is it logically correct to say that the government formed by such candidates as government having the support of majority of the public in the country?
We can surely say that the present system of electing public representatives followed in India is solely responsible for all the above listed evils in the society. The present system gives all the rights to the public representatives without having anybody’s control over them. This major loophole in the present election system has made the public representatives “Masters” from the “Servants”. Instead of being accountable to public, they are accountable to their party leaders/bosses – as the present system recognizes the Party Leaders/Bosses as their Godfathers, as all the political positions are directly or indirectly distributed by these Party Bosses. While distributing these positions, we know what eligibility and suitability criteria these party bosses apply in general. We have always seen that their own kin and kiths, loyals (chamchas) are generally chosen by their Party Bosses for the top-most powerful positions. In such corrupt method of selection, good and competent public representatives, having good support of public, does not get chance for such posts and they have to live like slaves to their Party Bosses waiting for the next turn to come. If at all any elected representative claims for such positions, he has to obey and follow the selection criteria fixed by his Party Leader(s), which is really a blame to the principles of democracy. Thus, we cannot say that the general public is taking proper part and has an effective voice in governing the country today. This defeats the whole democratic status of India. In the present system, country is actually ruled by the selected few party leaders and the will of these party leaders, of course, cannot be the will of the majority of citizens of this country.
4. Changes proposed in the Election System to regain the ‘True Democracy’ in India
‘True Democracy’ can be defined as the democracy in which the public of the country participates in each and every decision making in governing their own country, through their elected representatives, and these representatives are always accountable to the public/society they represent. In ‘True Democracy’ public has the status of real Masters.
To achieve this objective, we need to create healthy competition among the public representatives, where the selectors will be the public and they will decide their government on competitive basis. The task of creating such healthy competition among the public representatives is elaborated below:
- The allotment of all the public positions in the governance will be made on the vote merit basis among the elected public representatives, e.g. the elected public representative who get more percentage of votes will have the first preference to select the top position in the public office. In case of tie, the candidate who has got elected more number of times in the past will be given first preference.
- For this purpose, the Election Commission will, on the one hand, prepare a List-1 of public positions available on the basis of order of precedence and, on the other hand, List-2 of elected public representatives on their vote merit basis by compiling the relevant data of votes gained by these elected representatives in the election by using simple mathematical calculation i.e. X/Y*100 = Z, where ‘X’ will be votes gained by the contestant, ‘Y’ will be total number of voters in that constituency as per the ‘Voters List’ prepared by the Election Commission and ‘Z’ the percentage of votes gained by the respective contestant.
- After preparation of List-1 and List-2, the Election Commission will make them public along with all the relevant data through proper ways, for information of all the general public, and will start the process of allotting public positions on the basis of names in the merit List-2. For this, the Election Commission will invite the elected representatives one by one as per the merit List-2 to choose the available public positions in the List-1.
- There will be a default “None of the above” option available on our voting machines/ballots so that the voters can cast against votes if they consider no candidate(s) standing for the election is worthy for their representation/election. Thus, this option will act as a default opposition candidate and the voting will be held even if only one candidate is standing for the election.
- Every citizen of the country will be issued ‘National Identity Card’, which will be made obligatory to be produced for noting in the election records at the time of voting so as to avoid bogus voting and booth capturing.
- If any elected candidate gets less than 35% of the votes (calculated as per the formula given above), he may be treated as not elected and the re-election will be ordered. If after the re-election, the status is same as earlier, then the said constituency will be treated as ‘Constituency having no public representation’ till the next term of elections and the duties of public representative will be carried out by the ‘Government Officer’ appointed by the Government.
- Encouraging compensation and facilities will be given to the elected representatives and representatives holding public positions as per their hierarchy, so as to attract the members of the society for this crucial job.
- There will not be any party/coalition based Government. Rather the ‘Government’ will consist of the elected public representatives appointed on the public positions on vote merit basis by the Election Commission and the ‘Parliament’ will consist of all the public representatives elected by the public. The Government will be answerable and accountable to the Parliament and all the Parliamentarians (elected representatives) accountable to the public in their respective constituency, all the time. This will be an automated mechanism as the fate of the public representatives will be solely decided by the public in his/her constituency, thus, making each and every action of the elected representatives accountable.
- The Government will just govern the country as per the set rules, procedures and targets formed/made/approved by the Parliament, thus maintaining the supremacy of the Parliament (House of the People).
- Any national decision will only be taken by the Parliament on the 2/3 majority basis by casting votes. There will be an open voting system in the Parliament and the list of representatives voted against/for on a particular issue will be made public through proper means, so as to make every decision of these representatives accountable to the public.
5. How the ‘proposed change’ in the present election system will help for betterment of the country and countrymen?
The above stated small but important changes in the present election system will have miraculous effects on the society and its representatives facilitating harmonization, well being and faster development of the country and countrymen, as stated below.
i) It will create healthy competition among the public representatives:
First of all, this change will create healthy competition among the public representatives while making them properly accountable to the public for their every work / decision for the society. As the allotment of important public positions will be on vote merit basis, the public representatives surely work keeping public interest in their mind rather than fulfilling their self-centered goals. If at all any representative work for self-centered goals, the majority of public in his constituency will not vote for him and consequently he may either lose election or may not get important public position. If any public representative desires to acquire higher public position, it will solely depend upon his performance. Thus there will be room for good and honest workers to work more and have the proper rewards for the same.
ii) The public representatives and public will get relieved from the slavery of the Party Leaders/Bosses:
The public representatives will get satisfied as they will not require remaining as slaves to their party leaders/bosses for getting important public positions and taking decisions for the society. Instead they will be able to put their best efforts and work more effectively for the society, which they represent, to acquire more votes and consequently higher public position in the governance. While making each and every decision, they will think of their vote bank and the demand raised by them. Thus, they will get relieved from the slavery of their party leaders for getting important public positions and will also consequently free public from the slavery of these party leaders/bosses.
iii) It will create unity among various castes / religions in the country:
This change will help create unity among the various castes and religions dwelling in the country, as public representatives will not afford doing caste / religion based politics. Thus, there will not be any internal security risk due to caste / religion based clashes in the society and all the castes and religions in the country will live harmoniously flourishing brotherhood among them.
iv) Eradication of Corruption:
We find corrupt practices being followed everywhere in the country. In fact, now-a-days corruption has become socialized and without it no action takes place. These corrupt practices are creating a major divide in the society, which is a bane to the country and countrymen. The proposed change will help to eradicate corruption in the country as the public will get the status of real ‘Masters’ and each and every corrupt action by the public representatives / government servants will have their adverse effect on their future progress / working. As the representatives will become accountable, they will require properly addressing the complaints of the public and keeping proper watch over the administrative/executing machinery for any corrupt practices being followed by them. Thus, this change will eradicate corruption in the country more effectively.
6. How can we have this change?
Now we come to the conclusion that if at all we want to make any sensible social change to eradicate various evils that flourished in India, we need to work for nothing else than making our representatives/leaders competitive and accountable to the general public. We need to have our own elected government rather than the government formed by parties/party leaders on their mutually decided terms. We can do this by effecting the aforesaid change in the present Election System being followed in India. This task is easy when majority of the Indian will feel its importance and gather under one umbrella for effecting this Constitutional change. For accomplishing this task, we require most honourable, nationalist, transparent, dedicated, vibrant and renowned social workers/crusaders/statesmen in the country to take up the control of such movement and spread this thought all over the country and guide the citizens properly over this issue for effecting this Constitutional change. Once this change is effected, it will work like an automated system in the years to come, facilitating faster development/progress of the country and countrymen and help to cure all the social problems being faced by India presently.
We all know that the first Freedom Movement had a success because of the overall leadership of our beloved Rashtrapita Mahatma Gandhi and support of all our other brave leaders and countrymen. Similarly, we now require an able leadership of Yog Guru Swami Ramdevji Maharaj as our “Rashtra Guru” to guide the country properly and lead this Movement for success.
Being the proud Hindustani, let us all take this opportunity to participate and become the Freedom Fighters of this 2nd Freedom Movement – “Bharat Swabhiman” formed by Swami Ramdevji Maharaj .
Wishing the “Bharat Swabhiman Movement” a Grand Success!
Long Live India!! Long Live Democracy!!!
!!Jai Hind!!
Thanks Gangadharan Nairji,
But impartial election is most necessary for existence of democracy.Have you any better idea pl.?
The System envisaged is good provided it is being run voluntarily by the political parties. The moment it becomes the Government’s prerogative then it cost the Government a huge financial burden. The biggest sin of our nation is our Panchayat Raj where we elect a Panchayat Member for every 1,000 people, a Block Panchayat Member for every 10,000 people, a Jilla Panchayat member for every 50,000 people, a Legislative Council Member for every 100,000 people and a Parliament Member for every 1000,000 people. Can you guess the total number of members elected by the nation, a whooping figure of over 10Lakhs. Who will meet the cost of these people and their functional expenses? The Government ie we the people of this nation. The present Pnachayat system we are spending around 70% of our national revenue only for salary & pensions. Is it a viable proposition for a developing nation? Think twice before taking a decision.
Excellent idea.But pl.review the history that the 5members of gramnyayasabha is a failure scheme.In my view it must be 20% of
population.And who will take guarantee of impartiality of the members.As baba know the nature of people.We neednot suggest them.
Bsa should start a news channel to expose the corruption by string operations and awake public.
I am not getting the points above. Is government going to
introduce this provisions? or these are for ideals?