Source: News Bharati English20 Jun 2016 11:13:22

Modi Govt vs Five Silent Destroyers Of ‘Nation-Building’        

When  asked  by the media persons, how he felt  since   a strong  crowd of 1 million  protesters had  assembled outside his Prime Ministerial official residence 10 Downing Street in London,   protesting against UK’s involvement in ‘Iraq  war’ , Prime Minister Mr. Tony  Blair  quipped,  “ why can’t you   see the 10 million supporters who  have  acquiesced  our  decision from  their  residences , but who are not here .”

What a smack in the face of the great imposter, the shameless typical ‘media’!

Modern  India esp. after the advent  of  British Raj, is fairly a new regime  under  the Macaulay   spell , imitating English social  etiquettes  in  almost all walks of life including  importing political institutions for the   Indian  society. Moreover, there is unfortunately a school of thought which believes that India is not a nation, it is a bundle of  peoples speaking several languages, following different  beliefs  and  further divided into several sub-cultural  traits. Despite this argument, the world believes that India is a built-in Nation, existing for several millenniums.

In spite of several repeated onslaughts of foreign invaders, ‘these different peoples ‘have kept themselves united. The absorption capacity of the indigenous traits has proved itself so ever-lasting that no technique or geo-divisions could divide the   Indian ethos.

The five destroyers-- the ‘Trojan Horse’:

India has adopted British West Minister parliamentary model for her administration. It has  emerged  successful  during the last six  decades , the simple  reason is that since the  age old times , ‘parliamentary democracy ‘ is  in the genes of  Indian  society.

Modi Govt vs Silent destroyers of Nation Building process: "There is unfortunately a school of thought which believes that India is not a nation, it is a bundle of  peoples speaking several languages, following different  beliefs  and  further divided into several sub-cultural  traits. Despite this argument, the world believes that India is a built-in Nation, existing for several millenniums."

However, the recent techno-suave ‘pirates’, via,  abnormal  soap operas in the idiot box ,  discredited  print and electronic  media , premeditated   misuse of  lethal ‘Right to Information Act provisions , excessive dosage of ‘human rights activism’ at the cost of justice for the poor and , fifthly , cynical exaggeration of every act in personal and public life at the cost of public interest. These pirates attack the structural tranquility and continuity in   the society. The victim is the State.  The nation suffers.

  1. I) the discredited media world in India:

The intelligentsia is fed up. The shadow is cast on several fall outs. Hierarchy, which is an in-built support structure of equilibrium in any society, is shaken. The foundation stone of the society viz., the family, is shaken. Institution like  marriage  is  shaken, relationship  within the family like husband-wife , parent-children , everything on a drying  path , extreme individualism harming the hitherto  well knit family institution--- everything being  provoked and  pushed to the brink.

However, these ‘pirate ‘are not bothered about it. In the name of freedom of thought, expression and action, they keep on playing their unbridled performance at the cost of social harmony. These pirates claim to be the icons of the polity. They pose to be the saviors of democracy. Nevertheless, these pirates need not be eliminated; their nuisance value needs to be curbed.  On the contrary, they need to exercise self restraint on their lethal prowess, which they cannot; therefore the legal recourse is necessary to protect democracy. We cannot afford to ignore a widely circulated ‘discussion ‘on the instances of ‘blackmailing’ in the field of political affairs. The citizens are forced to witness unnecessary ‘media trials’. The border line between truth unearthing, blackmailing and character assassination and exposing the mismanagement in administration are transgressed frequently at the cost of social peace and tranquility.

Let us examine the academic standard of the write-ups of the news reporters and correspondents. Reporting in vernacular languages , I for one feel , is absolutely sub-standard, written on half-acquired  firsthand  knowledge, leave alone  adequate home work and that too without any appropriate style. Same is true of the electronic media, where the standard of delivery is still worse. The following write-up on Modi-Obama is a good example of nice analytical approach and write-up by columnist Mr. Gardiner Harris:            

“The nation’s first black president, Mr. Obama has made the protection of minorities a central pillar of his life. And he has argued that criticism and dissent are core tenets of democracy. Mr. Modi, by contrast, (  as  a  RSS Pracharak ,  he  spent much of his early life  until he reached  his forty’s ) , rising through the ranks of the  Rashtriya Swayamsevak Sangh, a right-wing paramilitary organization that campaigns forcefully for India’s Hindu majority. Mr. Modi was in charge of the state of Gujarat when rioting in 2002 cost the lives of more than 1,000 people, most of them Muslims. Just last week, 24 people were convicted of massacring Muslims during the riots, and pending cases are attempting to prove that Mr. Modi, who has so far escaped judicial censure, was part of a high-level conspiracy to encourage the killings.

Generally poorer and less educated than India’s Hindus, Muslims are about 14 percent of the population, about the same proportion as African Americans in the United States. In India, Mr. Modi’s reputation among Muslims could broadly be compared to that of a Southern segregationist from the 1950s.

Neither Mr. Obama nor Mr. Modi is given to displaying affection. Both avoid the socializing common in their capitals. And while Mr. Obama is a doting father and dutiful husband who maintains close bonds with his childhood friends, Mr. Modi abandoned his arranged marriage decades ago and has no children or any public friendships.

Mr. Obama made the first significant gesture in the relationship when, during Mr. Modi’s first official visit to Washington in 2014, the president left his White House staff behind to give a personal 15-minute tour of the Martin Luther King Jr. Memorial.

Mr. Modi responded by inviting Mr. Obama to be his guest at the annual Republic Day celebrations in New Delhi in January 2015. When Mr. Obama arrived, Mr. Modi broke with protocol to greet the president at the airport with a hug. And at a later appearance, Mr. Modi referred to the president as Barack and thanked him for his “deep personal commitment” to their friendship. In a toast at a state dinner, Mr. Obama called Mr. Modi “my partner and friend.” 

 (Source:  International New York Times, Asian Morning Edition, 5th June 2016)

I. The unmindful anchors:

The  above  mentioned author’s decent  attitude , respectful  language and the style needs to studied  by  all those associated with the field of journalism  at  least  in India .The unqualified  anchors on various news channels while interviewing  political leaders ask questions without knowing the subjects , belittling the personalities and  their status ,  shouting  with disdainful  arrogance  raising queries and   cross questioning as if dealing  with condemned convicts , at times  making fun  of the situation leads  them into a pitiable  situation which  these anchors  are  unaware of . It is also a well known fact that these very cross-questioners expect wet  lavish parties in costly starred  hotels  , lofty gifts and various favors such as subsidized residential flats from Government quota  as if  a compulsory favor.  Of course, not every reporter follows this path.  A systematic research study of the age , educational qualifications, the Universities these reporters have graduated from , their  social background , the length of service these reporters have completed , number of services these reporters have changed , their salary structure , their speech- delivery style and several other angles  need to be researched into. The channel owners do not bother about it.

There is an  underlying  impression projected  that the ‘reporter’ is a  omnipotent, omnipresent and a final ‘word’ on the matter, and  all others around  him are subjected to his scrutiny. Publicity hungry political leadership too subject themselves to these reporters and surrender. This becomes a welcome situation for the mischievous media world.

Misleading information, misinterpretations of facts and victimization of the powerless and helpless ones, lead to confusions perhaps resulting into split personalities. Twisted news material disseminated in the political society not only paves ways for rumors but also erodes the legitimacy of the Executive.

Joseph Goebbels techniques are extremely detrimental to nation building.

II) Abnormal soap operas on the small screen:

The  entire society outside the office  and  business  hours, are  awfully  engaged in watching       (  their  unfulfilled  secret  ambitions in their  personal lives, as if it were ) on the small screen. The lasting impact these soap operas on the behavioral pattern of the already tired and idle ones, has of late become a matter of serious concern for the society. The impact, although not the sole contributor, contributed to the rise of crime rate in different fields. The miscreants are born as a squeal to the TV watch. There are no outstanding plots, meaningful dialogues, back-up score, or worth mentioning social issues. Marked rise of the crime rate against women, children esp. female children, helpless widows and old citizenry, is the consequence of such entertainment programmes telecast in the idiot box. Leave alone Shakespearean standard, there appears no outstanding piece of literature worth the name in the 21st century history of literature. It is interesting to note that the soap operas have adversely affected the standard of the taste of the spectators and the viewers on the one hand and on the other, production of plays and tale-plays too is made to suit the taste of the viewers which in no way contributes to the richness of the literature .The grandness of life does not seem to be enriched through the literary pieces depicted on the screen. All these tides of public entertainment shows do not foster or nourish the mental health of the society and the State.

The first victim is the family system. The family is shaken .Intra-family relationship is disturbed and  thrown under pressures which in turn breaks the individual therein  to the extent of marriages  are split for trifle reasons.

It is but natural that the individual citizen becomes vulnerable to such sub-standard entertainment which has made him isolated and lonely in social life. It is quite possible that such a situation affects his political decision making.

However, no censor board or any other authority can do this correctional measure. The question is how can the abnormal soap operas be improved?

Sub-standard soap operas are destroying the society and the societal structure esp. the individual citizen’s social psyche which is weakening the nation building process.

III)  Premeditated misuse of RTI Act:

Right to Information Act 2005 mandates timely response to citizen requests for government information. It is an initiative taken by Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions to provide a– RTI Portal Gateway to the citizens for quick search of information on the details of first Appellate Authorities, PIOs etc. amongst others, besides access to RTI related information / disclosures published on the web by various Public Authorities under the government of India as well as the State Governments

Objective of the Right to Information Act:   The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. It goes without saying that an informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed. The Act is a big step towards making the citizens informed about the activities of the Government. Supreme Court has cautioned the citizens on the misuse of the provisions of the Right to Information Act in the following observations.

“The Supreme Court has said that while the right to information (RTI) is a formidable tool to fight corruption in governance, it "should not be allowed to be misused or abused" to obstruct national development.

"The (Right to Information) Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty," said the apex court bench of Justice R.V. Raveendran and Justice A.K. Patnaik in a judgment delivered he court cautioned against the indiscriminate and impractical demands and directions under the RTI.

"Indiscriminate and impractical demands or directions under the RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive (government) getting bogged down with the non-productive work of collecting and furnishing information," the judgment said.

The judgment delivered Tuesday said: "The nation does not want a scenario where 75 percent of the staff of public authorities spends 75 percent of their time in collecting and furnishing information to applicants instead of discharging their regular duties."

"The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of public authorities prioritising information furnishing at the cost of their normal and regular duties," thecourt said.  (Source: daijiworld.com    : 11-8-2011)

The   Right to Information Act, 2005: The preamble of the Right to Information Act, 2005 states that it is:

“An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.”.

Section 3 of the Act states   that “subject to the provisions of this Act, all citizens shall have the right to information.

However, Section 8 empowers the Executive to reject any application and disclosure of information on the grounds of:

 (a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;

(b) Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

(c) Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;

(e) Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

(f) Information received in confidence from foreign Government;

(g) Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;

(h) Information which would impede the process of investigation or apprehension or prosecution of offenders;

(I) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;

(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

 (2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub-section (/), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. “

Further it is also provided that, 1.  Applicants may ask for information of a period 20 years earlier to the application. It is further provided that some Agencies have been exempted from the purview of this Act. Under Section 24.  the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information famished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.

 (2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting there from any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule.

(3) Every notification issued under sub-section (2) shall be laid before each House of Parliament.

(4) Nothing contained in this Act shall apply to such intelligence and security organisation being organization established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify:

Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section!

Following is the list of Agencies which are kept outside the purview of this Act under its Second Schedule:

  1. Intelligence Bureau. 2. Research and Analysis Wing of the Cabinet Secretariat. 3. Directorate of Revenue Intelligence. 4. Central Economic Intelligence Bureau. 5. Directorate of Enforcement. 6. Narcotics Control Bureau. 7. Aviation Research Centre. 8. Special Frontier Force. 9. Border Security Force. 10. Central Reserve Police Force. I I. Indo-Tibetan Border Police. 12. Central Industrial Security Force. 13. National Security Guards. 14. Assam Rifles. 1 [15. Sashastra Seema Bal.] 16. Special Branch (CID), Andaman and Nicobar. 17. The Crime Branch-C.1.D.-C13. Dadra and Nagar Haveli. 18. Special Branch. Lakshadweep Police. 2 [19. Special Protection Group. 20. Defence Research and Development Board. 21. Border Road Development Board. 22. Financial Intelligence Unit, India.

(Source:  The bare text of the RTI Act, 2005)

The  purpose of providing textual references from the Act , is that , there  appears fairly  clear provisions  for both  the applicants and  State ,  but   after  sensing the  personalized,  premeditated  misuse of these  provisions (   to  black mail someone or to use for  private gains ) ,  the  Apex  Court was compelled to go  on record  to caution the  miscreants as well  to take care of themselves and  avoid its  misuse.

The  textual  references  are  given only to  make the readers and  the  mindful  citizens aware about  the  thinking  of the  law makers while  the Bill was  underway. It  was  duly  expected  that the responsible  citizens would exercise  their  rights with  utmost  restraint  and due  consideration enabling the Executive to go in for  correctional  mode  if  necessary in the  interest of administrative efficiency  and  justice .

There is no harm in reconsidering the question whether ‘do we really need such legislations’ until the individual emerges as mature citizen. The Executive is prevented from ‘executive decision making’ process of ‘Nation building’.

IV) Excesses of ‘human rights’ activism:

There are no final or fixed norms or any border line to define ‘human rights ‘. Moreover , It is very difficult to define as to what  constitutes ‘ human rights violation ‘.There are several unanswered questions as  to  whether  hardcore  criminals , anti-nationals , traitors , rapists  etc  beings be treated  as criminals  without being entitled to humane treatment. Recent addition to this list is ‘the terrorists’. Whether these people deserve humane treatment or not. Whether, the national security or national interests are subjected to ‘Human Rights’ or whether these be dealt without any sort of mercy in the interest of justice.

Of course these are the two age old unanswered questions –‘ruthless justice’ or ‘humanity first’. Both the schools of thought have their own merits. The society through its Executive is required to maintain its equilibrium and decide each case on its merit but the balance tilting towards the nation. Capital punishment...  to continue with    or abolish it… has always been a tricky question left unanswered.

New Zealand experience of human rights

An Act of New Zealand  Parliament called  “ The Human Rights Act 1993 “  deals with discrimination. It was a consolidation and amendment of the Race Relations Act 1971 and the Human Rights Commission Act 1977. It came into force on 1 February 1994. The Act governs the work of the New Zealand Human Rights Commission. This is quite a fair pragmatic law.

It also outlawed discrimination on a wide variety of grounds, including:  1 Sex (including pregnancy and childbirth);   2 Marital status ;  3 Religious belief ; 4 Ethical belief ; 5  Color;  6  Race;  7  Ethnic or national origins ; 8 Disability ; 9  Age ; 10  Political opinion ;      11  Employment status ; 12  Family status ; and    13  Sexual orientation .

In India there is a similar  Act  called  “  Protection of Human Rights Act , 1993  No. 10 of 1994 (8th January, 1994) “ to provide for the constitution of a National Human Rights Commission, State Human Rights Commission in States and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the forty-fourth year of the Republic of India as follows: * as amended by the Protection of Human Rights (Amendment) Act, 2006– No. 43 of 2006...

National Human Rights Commission:

In the CHAPTER III of the Act, the functions and powers of the Commission are provided for under Section 12.  Which are as following-

The Commission shall perform all or any of the following functions, namely: - (a) inquire, sue motto or on a petition presented to it by a victim or any person on his behalf [or on a direction or order of any court] 1, into complaint of (I) violation of human rights or abetment thereof; or (ii) negligence in the prevention of such violation, by a public servant;

(b) Intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;

(c)   notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the Government;

 (d) Review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation;

(e) Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures;

(f) Study treaties and other international instruments on human rights and make recommendations for their effective implementation;

(g) Undertake and promote research in the field of human rights;

(h) Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means;

(I) encourage the efforts of non-governmental organizations and institutions working in the field of human rights;

(j) Such other functions as it may consider necessary for the protection of human rights.

Under  Section 14  of the Act , the Commission is empowered to investigate any matter and enquire into  by directing any Government  Officer and  utilize  his or  her  services .

The genesis:

The question of human rights and its administration seems to have become extremely ‘politicized’ per se. The pseudo-secularists keep silent when people from a particular community are in   some trouble. The  unrest  in  this  behalf  is on account of delayed  justice, known  culprits and  criminals are  let off for want of proper  evidence  against  them, highly  corrupt  officials  esp. from the lower echelons of  administrative  machinery , inefficient public  administration , lack  of  proper and  reasonable education …all these factors seem to instigate human rights activists , coming in the way of legitimate  executive  action  which is its  prerogative .A  poor ordinary  layman  is always in search of  reasonable justice and his due  legitimate  expectations  and  its  compliance .

The excessive activism on the part of ‘human rights activists’ makes it imperative  to research into  the pervert  psyche which these elements are  possessed  by . The origin is found in the threads of 19th Century atheistic Marxian-Socialist school of thought which considered human society and the individual life within it as materialistic one.  ‘Faith is opium,’ the school of thought declared. The school rejected the concept of nation. The orthodox Marxian even rejected the idea of ‘family’. Some of these dreamt of an ‘animal farm’. Of course, it was a world of liberty of every thinking.  The political fruits of these seeds blossomed in the shape of USSR and a little later, half of Europe which lasted for close to a century period. Over half a century, human rights were served at the cost of domestic unbelievable   bloodshed in the ‘workers’ heaven’.

In  British  India , the public expression of displeasure had started  gathering   momentum under the garb  of ‘ sattyagraha  ‘, which was a beginning of a novel era of  political  dissidence , falling just short of  an  armed or a military revolution against  the Executive. This particular school of thought believed in that it was an assertion of human rights of the deprived ones. The history of ‘sattyagraha’ does have some fine legislative achievements in its march towards   social life with human dignity. There is another school of thought which believes that a time now has come to stop the excessive application of the sattyagraha method since it has now turned into a threat to the very functioning of the Executive by paralyzing its body. The  morale of the Executive is in jeopardy when  it is in its legitimate and  duty bound  course of action , some human rights activists’ NGO barricades   a  stumbling  block and  lets the terrorists off.

Is sattyagraha or the surreptitious functioning of several Non-Government-Organizations      (NGOs) which are busy in creating delirium in the society, a threat to the process of nation building?  There cannot be a final say in this behalf.

V) Cynicism and  exaggeration : 

Role , functions , judicious outlook , interpretations,  definitions , coverage , duties , responsibilities , appreciation , application , decision making , emotions , commotions , relations , expressions , help , charity , assistance , news analysis and  narration , debates , elections , service , political speeches , slogans , criticism , anchoring discussions , truth , lies , rights , lamentation , dialogue , debates ,  suggestions , instigation , castigations , these and  several more  activities  do take place in day to day life of the individual  as well as  the society .

Every human endeavor—in several of activities is done in exaggeration of the original proposition or many of these are mocked in cynical results.  ‘Cynicism is an attitude or state of mind characterized by a general distrust of others' motives ‘.The definition is aptly applicable to the politics in the country. The entire public administration and political affairs in India appear to be based on “distrust “. Cynicism is the unfortunate but natural conclusion.

The immediate victim of such a tendency is ‘honesty ‘. Manipulations against each other become the order of the day.  Promises made are not kept up. Craze for political offices and its power is seen rampant.  Competition to secure such offices becomes a rat-race.

Exaggeration is evidenced on the small screen when the news is telecast. The interview clips of the political leaders tell the viewers a particular fact or opinion and the news readers announce something different story contradicting them on the screen. This happens more than often.  Nobody feels anything wrong or absurd about it. Every time facts of the situation need not be ascertained by the judiciary. It is the responsibility of the media to present and not to interpret, leaves alone propagate or advocate. .Arrogantly, pretending to be fair, they keep on repeating the same without really verifying it. The channels instead of limiting themselves to cultural entertainment shows, these transgress into political contents. However , who bothers  in the absence  of  any  sort of regulation and in the name of freedom .The  volume of  unreasonable dissent expressed  against  every Executive  action seems to have  grown to such a disproportionate size , that it has  become  imperative  to think seriously about regulatory action in order  to  save parliamentary democracy.’ You too ‘blame game by both BJP and Congress is not going to save parliamentary democracy, which needs more attention than the party power politics.

The school of thought which believes in unlimited freedom of expression in its every form does not bother about the idea of ‘nation’, for these citizens the whole world is one and these citizens are a ‘free bird’. This utopian dream is a poetic picture frame   for them but history of every nation does not vouch for such utopians.

Transgression of its legitimate empowerment  by  the powerful  constitutional arms  called  judiciary  and  the  executive  have  further  complicated  the affairs in  the society at the cost of  citizen welfare. It is  painful to state that  in the recent time there have  been several  judicial  orders which are  forced to be neglected by the Executive either  for want of time or inadequate  personnel .Several orders on environmental  protective measures , religious  public  processions carried  at the cost public inconvenience and  discomfort  , traffic  regulative  administration , regulating  noise pollution , employees’ work  strike in essential  services such  as  lawyers , doctors , teachers etc. issued  by the judiciary  are found  un-implementable . Judicial activism   on the part of the judiciary too has further added to ‘more the merrier ‘conditions

Public Interest Litigation (PIL):

 “Public-Interest Litigation is litigation for the protection of the public interest.  Article 32 of the Indian Constitution contains a tool which directly joins the public with judiciary. A PIL may be introduced in a court of law by the court itself (sue mote), rather than the aggrieved party or another third party. For the exercise of the court's jurisdiction, it is not necessary for the victim of the violation of his or her rights to personally approach the court. In a PIL, the right to file suit is given to a person by the courts through judicial activism. The member of the public may be a non-governmental organization (NGO), an institution or an individual.

It is interesting to note that while rejecting the criticism of judicial activism, the Supreme Court of India, has observed that the judiciary has stepped in to give such directions,   due to executive inaction, the laws enacted by Parliament and the state legislatures for the poor since independence have not been properly implemented.” (Source: Wikipedia).

This sums up the rationale of the judiciary while treating the question PIL.

There is a strong school of thought which believes in  that the twin  onslaught upon the welfare  of the poor by filing  the   PIL  and  exercise  the RTI Act , obtaining various stay orders paralyzing the Executive action.

There could be several different opinions on the emergence of PIL in Indian parliamentary and judicial history yet it has also become imperative to reconsider seriously how to. procedurally  restrict the use  and  misuse  of this   lethal  archery called PIL ( public  interest litigation ) , which  has complicated the chaotic mess  further.

The  five pirates  in  the  ‘Trojan  Horse’ , it is  considered , are  silently destroying the foundations of the Indian parliamentary  democracy  and  the technique is ‘ weaken the  ‘Executive’. The  Indian citizens are  required to wake up and  protect the Executive , on the contrary the Executive  is  required to be  strengthened enabling it to serve the poor  and  their  welfare. The Indian State is strong, but needs continuous protection.

Embeded Object

Freedom of speech , writing , association , etc  all are guaranteed under the provisions of the Constitution , but it has  to be  remembered that every  matter  cannot be screened under the said guarantee . Nobody  can  afford  to deliberately or inadvertently  disregard the  ‘Executive’ The absence of the Executive  or with  a weak  Executive , the life of the citizens and thereby the society  will invite  a jungle  raj . Let not the above mentioned ‘pirates’ have the last laugh.  Moreover, the ‘exaggeration’- dimension appears at this point. Exaggeration  .of every  constitutional  guarantee to  everyone , does  not entitle  him  to keep  the  Executive as  hostage disregarding the public  and  national interest.    

There prevails the MODI DOCTRINE --‘Nation First’!