Constitution Supreme, People Sovereign, Parliament Peoples Sovereign Institution, Lokpal within…

Dr.Babasaheb Ambedkar’s “Constitution of India” comes out   Supreme & Victorious once again amidst Lokpal controversy.
27th August 2011 (Saturday) would go as a historic day in the history of “Constitutional India”. Amidst the ‘fast ‘ of Dheeman Anna Hazare for getting JanLokpal Bill tabled & passed by the Parliament up to 30th August, the Parliament honouring the sentiments of the People on corruption, discussed upon 3 specific points that  their should be a Lokpal in centre & Lokayukta in States and their should be Citizens Charter.
The discussion in the House of People & Council of States once again reaffirmed that ‘Constitution of India’ is supreme and the Peoples sovereignty is vested in the Parliament and not other wise, on streets or media rooms.
The Lokpal Act must be formulated  “within”  the framework of our Constitution without disturbing the “ 3 pillars “ of our Democracy  viz, Legislature, Executive & Judiciary. Also endorsed was the “federal polity” of our Constitution by the Parliamentarians.
After a marathon  non-stop debate for  9 long hours, Dr.B.R.Ambedkar –‘Father of Constitutional India’ , the Principle Architect of our Constitution was honorably mentioned by one & all including M.P.s of BSP,JD(U),RJD,JMM & even Congress. Other members who did not directly named Dr.Ambedkar also uphold the supremacy for our Constitution. They were many, cutting across party lines including Shiv-Sena, BJP, BJD, DMK, AIADMK etc..
Sharad Yadav also mentioned about Mahatma Jyotiba Phooley & Shau Maharaj and even questioned as to why Anna Hazare whose Ralegaon Siddhi is just 100 Kms away from Pune does not knows their historic revolution.  The Parliamentarians knowledgeably pointed to Constitution, Law ,& corruption including that prevalent in media, market, NGOs. They also referred to ‘institutional corruption’ due to the policy of LPG, usurping land, forest and mineral wealth of the Nation.
The same Parliamentarians who were addressed as ‘chor & gavar’ by the (un) civil society & media persons ;  showed not only “prudence ” of rule of law but also “ compassion ” for Annas life and  “wisdom ” for our People & Nation. They agreed in principle for the formation of Lokpal & Lokayukta within the Constitution framework. The views of the Parliamentarians has been referred to the “ Standing Committee” where for the deliberations upon the ‘ nitty gritty’ of Lokpal would be considered . We must  represent our views before the Standing Committee of the Parliament to ‘ ensure’ that the Lokpal does not becomes a ‘super body’ inconsistent with our Constitution & Democracy.
It’s the zenith  point for Dh. Hazare to ‘ end his fast ‘ and earn great respect . May wisdom prevail upon him!
Our “Constitution of India “ is a Wonderful & Living document . It is the “life-blood” of our nation. It enshrines the;
Principle of – Equality, Liberty, Fraternity & Justice.
Value of -  Dignity  of  Individual i.e. Human Rights.
Unit -  Individual is the Unit, not village or class.
Ideal -  One man one Value in all walks of Life ( GN ).
Goal of - Social & Economic Revolution based on Socio-Economic Justice.
Resolve to- Constitute India into a Sovereign, Socialist, Secular, Democratic, Republic.
System - Parliament Democracy, Unitary State with Federalism based on Republican Principles.
Objective - One United Nation which is Just, Moral, Humane & Enlightened.
Vision of - Enlightened India guiding an Enlightened World.
Let all Parliamentarians who wisely deliberated today upon the supremacy of our Constitution also understand all the above. The People of India also owe a great & noble responsibility of creation of an Enlightened India ; a PraBuddha Bharat by achieving all the above.
Let us all join this Education of Democracy, Humanism & Enlightment!
Long Live The Constitution!
Long Live The People Of India!!

Jai Bhim! Jai Phooley!! Jai PraBuddha Bharat!!!

From: People For Constitution, Democracy & Human Rights [PCDHR ]

                    ( Inspired & Guided By – AIMBSCS)

Please respond us on email account: pcdhrindia@gmail.com

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Lokpal, Parliaments Supremacy, Federalism & Human Rights

Peoples Sovereignty Demonstrated By Parliament to Uncivil Society of Hazare & co.

Though yesterday the whole Parliament appealed Mr.Anna Hazare to end his ‘fast ‘ with an assurance  by Government that the JanLokpal Bill would be debated along with ‘ other Bills’ in the Parliament, the latter did not paid heed to the appeal of the highest institution of the Nation representing 120 Cr. People.

Today on 26^th August the Parliament demonstrated its supremacy by adhering to rules and business of the House.

Several political parties have now started expressing their views on the paramount Constitution, Parliament, Parliamentary  procedures for legislating, our  Democracy and the need for a  Lokpal within the ambit of Constitutional framework.

The BJP whose ‘Constitutional Morality ‘ has always been in question due to its brahmanical & casteist view embedded in the Hindu irreligion as ordained by the shastras. It is playing a dirty  ‘political game’ to ensure that the JanLokpal Bill which is anti-Constitutional, anti-Democratic, anti-People  and anti-Human Rights [ see yesterdays blog ] is forced upon the Parliament. But it wont  succeed in  its game plan to subvert the Constitution.

The Dalit Angle:

Mayawati has taken an important stand from point of view of “federalism” by stating that legislating the Lokayukta is a prerogative of States and not the Centre. Not only upon the issue of ‘Lokayukta’ but upon the Goods & Service Tax(GST) proposed in 115^th Constitutional Bill the States must exert the ‘Federal ‘ provisions enacted in part XI,XII,XIII,XIV of the Constitution of India or else our polity would become excessively ‘unitary’ than ‘federal’ that would further curtail the representative aspect of our Democracy. The ‘Union of India’ must not came to mean a ‘Unitary State’ without proper representation , responsibilities & power to the various communities, minorities and regions.

Dr.B.R.Ambedkar ‘father of Constitutional India’ was very much in favour of ‘Union India’ ( a strong Centre ) with ‘FRs’ and other safeguards for minorities, but equally in favour of “federalism”  with the creation of ‘small states ‘ and an electoral system of ‘plural member constituency with cumulative voting’ that which will be a major agenda of electoral reforms to make our Democracy more representative by changing the present ‘first past the post system’  which install a Government with minority votes. Is Mr.T.N. Seshan speaking about a fundamental electoral reforms on parties, laws, funding etc or otherwise? We shall certainly  put an ‘Ambedkarite Perspective’ upon this matter latter.

UN Convention & Human Rights:

Now new thoughts like those of Jaiprakash Narayan of Loksatta who in his draft is stating that the UN Charter Against Corruption ( UNCAC ) 2003 has authorised the ‘Indian State’ to enact  a uniform law of Lokpal & Lokayuktas even for the States. We don’t know J.P.s Knowledge of International law & Human Rights. But we are  clear that UNCAC,2003 asks the State Parties to legislate anti-corruption laws and institutions  “within” their Constitutional & Legal framework; and J.P. to be more honest also for Private sector ( refer article 6(2), 20,30(2),56,65(1),12&21 of UNCAC,2003). Why nobody in the anti-corruption campaign are speaking to bring Private sector, Businesses, NGOs, Media, Temples & religious bodies into the ambit of Lokpal, Lokayukta or any other independant body established under the rule of law ? Is this not abetting caste based corruption for the so called trivarnikas. This is confining the arena of corruption only to public services which is not only wrong, but immoral & unjust.

Taking this opportunity about international law & Human Rights, we  want to ask as to why not legislate upon the Convention on elimination of all forms of discrimination,1966;Civil & Political Rights,1966; Economic, Social & Cultural Rights,1966 that Indian State has ratified.

Let us end ‘caste discrimination’ which is the ‘mother of all problems of India’ ( and now also becoming a problem where the so-called traivarnikas has migrated in the World)  by legislating & formulating a Law & Policy under the Convention of Racial Discrimination,1966.

Let us fulfil Civil & Political rights by repealing many provisions of  IPc , CrPc, Armed Forces Act etc, which deny these Rights. Even the ‘draconian powers’ & unjust punishments envisaged by JanLokpal violate these rights.

Let us enact the Economic, Social & Cultural Rights,1966 to fullfill the ‘Directive Principles of State Policy ‘ ( Part IV ) and enable the creation of ‘Welfare State’ that is being attacked by market forces & (un) civil society  of brahmanical caste interests under the guise of economic reforms.

We all will have to agree upon the ‘Annihilation of Caste’ as envisaged by Dr.Babasaheb Ambedkar to abolish all sorts of discrimination based on caste, class, religion, gender, ethnicity for the formation of an ‘ ideal society ‘ to realise ‘Social & Economic Justice’, the two fundamental principles upon which Human Rights law rests.

We give a call to People like Jaiprakash Naryan and other HRs activists to make  their mind clear upon Human Rights, other Conventions of UN  and do not misinterpret them.

We “must end corruption” not only from Public Sector but also from Private Sector, Busineses, NGOs, and Religious Bodies by different set of Lokpals , other anti-corruption bodies & multi-dimensional socio-economic changes and technological & changes in system. But what would matter more is to build up a society based on ‘golden principles’ of Indian Constitution viz. Equality,Liberty,Fraternity & Justice + Dhamma ( i.e. universal humanism and morality ).

India For Constitution, Democracy & Human Rights campaign continues...

Let us succeed in Ambedkarism = Equality + Liberty + Fraternity + Justice  + Dhamma for ‘PraBhuddha Bharat ‘ & ‘PraBhuddha Vishwa’ which is just, moral, humane & enlightened.

Jai Bhim! Jai Phooley!! Jai PraBuddha Bharat!!!

                From: People For Constitution, Democracy & Human Rights [PCDHR ]

                                     ( Inspired & Guided By – AIMBSCS)  

                Please respond us on email account: pcdhrindia@gmail.com

                Visit India for Constitution, Democracy and Human Rights campaign...

 on http://pcdhr.blogspot.com/

Kejriwal, Bhushan’s ‘Jan ( Virodhi ) Lokpal’ is a brahminical conspiracy to subvert Constitution , Democracy and Fundamental & Human Rights of People of India.

1 Billion Bahujans ( Dalits, Tribes, Denotified & Nomadic Tribes, Backwards , Muslims, Buddhist, Sikhs, Jains, Christians ) now decide to throw away JanVirodhi ( anti-People) Lokpal of       ‘Monster Manu’ in Dustbin.

5 Facts of Kejriwal, Bhushan’s Jan(Virodhi) Lokpal which are anti-Constitutional, anti-Democratic, anti-People and anti-Human Rights:

1.       It wants to bring every ‘elected representatives’ elected by the Citizens of India from M.Ps to Ministers to P.M. under the ‘nominated’ Janlokpal. This would destroy our Peoples sovereignity which is exercised by our Parliament.

2.       It wants to bring the ‘Judiciary’ under its ambit thus destroying the ‘independence’ of our Judiciary which is the guardian of our Constitution and apostel of Justice. 

               Thus it wants the ‘nominated ‘Lokpal  by the dictates of ‘search committee’ of unelected, non-representatives of so-called civil society [ which is realy a coetire of b3s, in absence of a ‘Democratic Society’ with Public Conscience that Dr.Babasaheb Ambedkar envisaged ]; to be ‘over and above’ our Parliament, Government & Judiciary - the 3 Pillars of our Democracy that Constitution of India guarantees.

                Can a ‘nominated’ Lokpal be over and above our Parliament & Supreme Court?

3.       Whereas the M.Ps & Ministers including the P.M are accountable to our Parliament, the Judiciary is also accountable to our Parliament  as the Parliament can make laws pertaining to it and impeach the Judges [ entry 77 List I- Union List , Art 246; Art 124(4)(5) & 217(1)(b)]. But the JanLokpal would be accountable to none for it would neither be ‘appointed ‘by a Committee of Government and Parliamentarians  nor be ‘removed’ by it.

Thus it would be a ‘supra Constitutional Body ‘above our Parliament, Judiciary & Government unaacountable to none but making all accountable. What an undemocratic preposition!.

4.       It would be vested with ‘darconian powers’ of ‘Super Police State’ like investigation ;  policing; powers of confiscation, auction & recovery; suomoto inquiries ; tap telephones, mobiles , emails , SMS of any Person suspected ; raid any place & arrest any Person suspected by issuance of arrest & search warrants. It would also be a qasi-judicial authority, be an open court, having powers to issue stay orders, interim orders, contempt orders like High Courts; decide the procedure to be followed for appointing Judges for prosecution; having super service & salary privileges for its members & staff, self funds  etc.

Such a ‘Darconian Janlokpal’ would be a ‘Super Cop’ , a ‘Super Judge’ & a   'SuperOffice’  unto itself and   blatantly violate the Fundamental Rights and Human Rights of People ; which even the High Courts &  Supreme Courts wont be able to defend as they would also be threatened by ‘Life-imprisonment’ and total vagrancy due to  confiscation of properties.

5.       It shamelessly amidst opprobrium has left out ‘corruption’ of market, media, religious institution & NGOs out of Lokpal  so the so-called  brahmins & baniyas enjoy the deeds of caste-corruption & exploitation at  the toil of 1 Billion Bahujans. What a honesty of Hazare’s Gandhism? It is nothing but a conspiracy to maintain caste & adharma of shastras.

Lastly where as the Lokpal would haves all the protections & incentive schemes for

complainants, whistle blowers and  for itself, it leaves all our public officials and authorities to ‘rotten’ in  courts, jails or live a life of vagarancy & poverty.

This Jan( Virodhi ) Lokpal of 7^th standard Anna Hazare, who is only a mascot of so called  brahamins is nothing less than a ‘new law of Manu’ to destroy our Constitution, Democracy & Bahujans in the name of corruption. While laws & institutions to end corruption are necessary but they should be “within” the ambit of our Constitutional framework . Corruption however which is multi dimensional problem  can be abolished only by creation of an ‘ideal society’ based on Equality-Liberty-Fraternity & Justice & ‘PraBuddha Bharat’ which is just, moral , humane & enlightened. Only Ambedkarism can do so.

Let us throw the JanvirodhiLokpal of Kejriwal & Bhushan’s  to “dustbin” and save our People, Constitution, Democracy & Human Rights.

The Constitution of India & our Democracy will certainly come out victorious out of this farce protests of Hazare & co.

                                                                                                                                               

Jai Bhim! Jai Phooley!! Jai PraBuddha Bharat!!!

                   PCDHR

                                                                                  ( Inspired & Guided By – AIMBSCS)               

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Slogans:

Savidhan Ko bachana hai!

JanLokpal Bill baghana hai!!

Anna tho Mukhouta hai!

 brahmanvad asli chera hai!!

Manu ke Beto hosh mai aao!

Bahujano se mat takrao!!

PraBuddha Bharat ki jai!

Ambedkarwad Jindabad!

Manawtavad Jindabad!

Hazares JanvirodhiLokpal will be a ‘Monster Manu’

Dear

       Freiends,

                  Thanks for ‘judicious response’ amidst the euphoria created by media and  Hazare&co.  Hazares’s  JanvirodhiLokpal is actually an attack on the Constitution of India , trying to experiment with a ‘supra Constitutional’  Lokpal having ‘darconian powers’ to destroy our ‘Parliamentary Democracy ‘ and ‘Judicial Independance’. The hidden target is not an elimination of corruption but our Constitution.

                It will not only investigate and punish ‘public servant’ from chaparasi to Prime Minster and Judges but also have powers to persecute the Citizens of India by tapping phone calls , emails, searching their houses, seaze the property of public officials and recover 5 times worth money from other private individuals if found guilty and imprison the guilty for life sentence . It will be the creation of a  ‘police state’ and JanLokpal would be nothing less than a ‘Monster Manu’ to kill democracy. Any anti-corruption institution must be only within the framework of our Constitution and Democracy without taking away the fundamental rights and human rights of the People.

                It will adversely affects the Dalits, Tribals, Denotified&Nomadic Tribes , Backwards & Religious Minorities. And the so called uppercastes would defacto control our country by creating a supra Constitutional Lokapal over and above the Parliament and Judiciary.

                In fact Hazare ( who is only 8^th standard pass and was a driver in Army ) hardly understands all this. The ‘real brain’ behind these are of the so called  brahmins&co. who are preaparing for a  counter revolution against our Democratic India.

                Be in touch , circulate the message to laks of friends and create right public opinion to strengthen our Constitution and Democracy. A detail Constitutional & legal analysis of Janvirodhi ( anti – people ) Lokpal of Hazare&co. follows very soon...

Jaibhim!   Jai Phooley!!   Jai PraBuddha Bharat!!!

By,

PCDHR Pcdhr Nagpur

JanLokpal or Janvirodhi Lokpal?

India for Constitution , Democracy and Human Rights  

                                                                                   Campaign....

JanLokpal or Janvirodhi Lokpal?

                Recent stir by Anna Hazare (Original name unknown/ Education unknown) & Co.  for an Obudsman for corruption in the name of JanLokpal is an ' extra-constitutional method', bypassing the Parliamentary process which is at the heart of Constitutional Democracy which 'We the People’ of India have adopted .

                Secondly the unConstitutional demand in the version of JanLokpal to bring the Judiciary and Member of Parliaments under the ambit of anti-corruption law is anti - Constitutional .This will make the Lokpal  superior to the Parliament & Judiciary and snatch the sovereignty of the People of India which is exercised through elected representatives and judicial exercise to protect the Constitution.

                Where as their is provision in Hazare's bill to bring every 'public servant' from Chaprasi to Prime Minister under Lokpal; it shamelessly  leaves the Private Sector; charitable, religious institutions and NGOs out of it. This is nothing but an attack on 'state' by the 'market & media forces' and ‘ religious brahmanical groups' to maintain caste and bring ‘caste capitalism ‘. This is a conspiracy to  subvert  the Constitution & the methods of fasting are worst than physical violence as they destroy the essence of discussion, debate and reasoning which democracy essentially requires.Dr.Babasaheb Ambedkar in his historical speed deliver to the Constituent Assembly on 25th Nov. 1949 advised the People of India to adopt the Constitutional methods for attaining  their social and economic objectives. He particularly warned and advised to leave the revoloutionary and civil disobediance methods that Marxists and Gandhians pursue. Hazare by  resorting to coercive fasting methods is in infact destablising the democracy and imprisoning the soverignity of we the People of India by disallowing a healthy debate on Lokpal.

Whereas their is every protection to the complainant & whistleblower in the Hazare’s bill; their is none for the accussed Public officials; even if they are acquitted by the courts of land. Why the false complainants & whistleblower if proved by the court of law, should not also be penalised for minimum years of imprisonment along with fine for the loss of dignity & professional life  of the accused.

                If Hazare's co. believes in Constitution & Democracy they must either find one M.P. to table a private member bill in the Parliament or get their own M.P.s elected by forming a Political Party. Let the People of India know whether the so called civil society [which infact it is not, because it is a clique  of some individuals of particular castes without a desire to be a Democratic Society with a Public conscience as Dr. B.R.Ambedkar envisaged] truly represent them. Remember that it is a Parliament which is accountable to the People, the civil society is to none.

                The very reluctance of Hazare & co. to bypass ‘Parliamentary process’ and not to talk of corruption in private sector and religious & charitable institutions reflects their ‘undemocratic mentality’. They have hardly  fought for any cause of eradication of  socio-economic inequalities & injustice, that ‘caste & brahmanism’ has perpetuated and denied humanity to 100 cr SCs,STs, DT/NTs,OBCs, RMs, and women of India.

                The media in India; it seems is not the 4^th Pillar of Democracy; but 1^st Pillar of plutocracy and brahmocracy. It is dishonest & afraid to call ‘Ambedkarites’ and the representatives of Dalits,Tribals, Backwards & Religious Minorities for debate & discourse on vital issues of national life. It is doing its duty dishonestly by alloting precious time to hooligans & children who hardly understand something about Constitution or corruption. What a Sham in the name of public opinion!

                The UPA government led by brahmanical Congess of the day is also insincere as far as its ‘Constitutional morality’ is concerned. Whereas it has done not enough to realise the principles of Justice, Liberty ,Equality and Fraternity by establishing ‘Social & Economic Justice’ and building a just & moral social order; now it is foolishly violating the ‘Fundamental Rights’ of protestors ( and making them more important rather than redundant). It seems that the Congress deliberately arrested Hazare and unlawfully allowed him to stay for 2  days in Tihar jail violating jail manual to make him a hero so as to create public hue and cry to run the media show.

                It strongly seems that the whole show is managed by Hazare& co. with backdoor support of anti-democratic & anti-Constitutional  brahmanical forces ; supported or oppossed by a ‘sham’ of BJP & Congress. It is realy an ‘extra- Constitutional method’ to  subvert Constitutional Democracy and maintain caste + brahmanism, so the rights and development of Bahujans can be obliterated adinfinitum for status co.  of  b3s ( so called brahmins,khatriyas and vaishyas ).

                Let the 1 Billion Bahujans, the fair-minded Citizens of India and those who believe in Democracy & Human Rights all over the world understand this. Let them say loudly  that they are not with Hazare&co., but for “Constitution , Democracy & Human Rights” which cannot be realised by an anti-Constitutional ‘Obudsman’ – JanLokpal as forced by Hazare&co. upon the People of India .Such an institution as conceived by Hazare&co. is not formulated in any Democratic country of the world( either in  European,American ,Asian or Austrlian Democracies) , is a fact which also must be propagated to save Constitutional Democracy from Janlokpal which in fact would be a supra Constitutional body above the Parliament,Goverment and Judiciary.It would indeed prove Lord Acton true when he said ‘ Power corrupts and absolute power corrupts absoloutely’. Our Constitutional scheme provides for ‘seperation of powers ‘ and ‘ checks and balances’. The undemocratic,dictatorial Janlokpal would indeed become a defacto janvirodhi Lokpal, and a monster in  Democracy.

                We  are of the view that though a law & institution to tackle corruption within the Constitutional frame work is necessary, but it is more important to establish ’social & economic justice ’; social, economic ,moral, political & intellectual Democracy and Enlightened India/PraBuddha Bharat for putting end to all problems of Bharat  i.e. India ; including corruption which is an outcome of casteist exploitation in India which starts from the birth of a child till the search of salvation by bribing the priest (pest)!

Jai Bhim! Jai Phooley!! Jai PraBuddha Bharat!!!

Note: Ambedkarite perspectives on Constitutional and  Legal analysis of Hazare’s Janvirodhi Lokpal follows...