Sunday, September 29, 2013

And people say Australia is land of convicts!

If you have visited Australia, you would know the amazing achievements of the country in many aspects of Democracy. In fact in many areas they are far ahead of US, UK and other older democracies in the world. And yet, they are  a constitutional monarchy! One area as an example is 'Gun Control'.

India, on the other hand, is one of the oldest civilizations in the world with rich history and spiritual past. Today's India, though, is run by convicts. These convicts are not the one's who were convicts, like Australians get tagged unfairly, in my opinion. But these are the convicts who run the country like the mafias used to run NYC, Chicago, LA, Miami and Las Vegas.

The constitution of India actually has an act on the books - Section 8 of The Representation Of The People Act, 1951. Sub section 8 (4) of this act- allows the convicted MPs and MLAs to continue representing the people of India even after they are convicted. In US, for example, it will be an automatic resignation.

Here is an interesting map presenting all current MPs and MLAs who are also convicted:
http://www.mibazaar.com/indianpolitics.html

On July 10, 2013, the Supreme Court of India, struck down section 8(4) of the Representation of Peoples Act 1951. This will mean that all the MPs and MLAs currently serving and are convicted of a crime resulting in jail time of 2 years and more will have to resign immediately.

In reaction to the Supreme Court's ruling - a Bill was presented in Rajyasabha on August 23, 2013 and passed on the same day. It is important to note that Rajyasabha is collection of appointed individuals who many times are also considered 'Intellectual'.

When the Parliament of India is not in session, the Cabinet of India is empowered to act in emergency situations. The Cabinet of India, threatened by the Supreme Court's ruling, passed an ordinance to reject the ruling of the Supreme Court of India. I could not find any digital evidence of this action.

Unfortunately, The President of India, who has already shown his agreement, is likely to sign and join the shame parade of the Parliament of India.

As I write this, the latest is that the Parliament is surrendering to the public outcry and will meet on October 3rd or 4th to consider withdrawing the Ordinance. The ever forgiving people of India will welcome the withdrawal saying "सुबह का भुला शाम को घर लौटे तो उसे भुला नहीं कहेंगे !"

Questions I ponder upon and wonder about:

- Why can not India be 100% intolerant of criminal behavior just like all the developed countries in the world, democratic or otherwise. ?
- India, a country of billion people, had many choices from people without convictions, what compels this country with rich heritage of spirituality to continually reward bad behavior ? 
- Given that many of the things India is experiencing, many other democracies in the world has also faced, but they did not have precedences and history of solutions. India can avoid repeating their mistakes.

References:

Lawmaking Procedure in India

The legislative proposals are brought before either the Lok Sabha or the Rajya Sabha in the form of a bill. The bill is actually a draft of the legislative proposal. After being passed by both the Houses of the Parliament, the Bill is sent to the President of India for assent. After receiving the assent from the President of India, a bill becomes an Act of the Parliament.



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