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M. M. Dave the Great

KAKA IN BHAVNAGAR1960

Yes. M. M. Dave is my father’s name. As per my opinion, he was a great person. It is not because he was my father. Had he been not my father, but if, I would have come across to him to analyze him, I would have kept him at the top.

How much great was he? As per my opinion, if somebody asks my opinion as to who is greater between M. K. Gandhi and my father, I would have said it was my father who was quite greater than Mahatma Gandhi.

If we want to analyze a person for its greatness, following points need to be taken into account.

  1. Sacrifice of the person,
  2. The morality and Devotion towards duty,
  3. The skill of the person,
  4. The logical approach of the person,
  5.  M. M. Dave was great under the afore said criteria.

MY GRANDFATHER:

Is it that my father was great due to some inherited property of my grandfather? Yes. I think so.

My father was the only survived son of my grandfather. He had two sisters, one elder and one younger.

My grandfather was a Sanskrit Scholar of Kashi Vidyapith. His subjects were Astrology (ज्योतिष), Religious rituals (कर्मकान्ड) and philosophy (तत्त्वज्ञान).

I had a great respect for my grandfather. My grandfather died during 1944 at the age of nearly 80+ years, when I was hardly four years.

My grandfather was better known by his name Mahashankar Shastri, though his surname was Dave (Dvivedi). Mahashankar Shastri was a big and honorable name in the kingdom of Lunavada. Lunavada was a small state of Gujarat.  Lunavada considered to be the “SMALL KASHI (छोटा काशी) of Gujarat, because it had the Brahmins knowing all the four Vedas.

MAX MULLAR had visited Lunavada and had met my grandfather. My grandfather was conservative but appeared to be a logical person. He believed in maintaining traditions, but he was of the opinion that the Astrology does not tell the future. What is told as a forecast, it is to be taken as a blessing of the astrologer who studied the mathematics of the movements of planets in the sky in relations to the star clusters.  For keeping this mathematics alive, the tradition of preparing a Horoscope was introduced.

MY FATHER AND GRANDFATHER USED TO TALK AND DISCUSS ON THE PHILOSOPHY IN THE SANSKRIT LANGUAGE VERY FLUENTLY.

MY FATHER:

My father was born in Lunavada on 9th November 1909 (10th day of Krishna Paksha of Ashvin of Vikram Era). He died on 2nd April 1996 peacefully.

SANSKRIT OR ENGLISH? CONDITIONAL PERMISSION

It was the period of 1918, M. M. Dave my father passed his  4th standard of the primary school. At that time there were two options, either to go ahead with the same school upto 7th Standard and then to go to the Primary Teaching Training College for further study for 3 years, or to join 1st standard of English school for matriculation and then to a college of Bombay university.

WHICH LANGUAGE SHOULD BE OPTED FOR FURTHER STUDY?

My grandfather was of the opinion that the British would leave India sooner or later.  English would also go with them from India. English would be replaced by Sanskrit. Hence, his son (my father), should join “Sanskrit Path Shala of Lunavada”. His desire was, his son should become scholar in Sanskrit. He should go to Kashi for further study.

My father said he would prefer English, but he would not ignore Sanskrit. He would join English School. He would also join the Sanskrit Pathshala on part time basis. My grandfather agreed to it conditionally.

My grandfather put conditions;

That his son would keep Shikhaa (शिखा),

That his son would keep Mundan [(मुन्डन) and would remain clean shaved. i.e. no hair on the head accept Shikhaa शिखा),

That his son keep his head covered with either turban (दक्षिणी पगडी)] or a black cap (काली टोपी),

That his son would keep him self dressed in dhoti (धोती) and never put on payjama (पायजामा), 

The child M. M. Dave my father agreed to all these conditions. At a later stage my grandfather gave some relaxation e.g. from turban and cap.

ECONOMICAL CONDITIONS: HAND TO MOUTH

People had a simple life. Though there was no scarcity of the food grains, but the large common mass was several miles away from a simple luxury. When my grandfather went to Rangoon for performing some Yajna (यज्ञ), his family in India, was in a hand to mouth condition.

My paternal grandmother used to go to the nearby forest to pluck leaves of “Flame Tree”, to prepare leaf plates. Next day she would prepare leaf plates. When she would prepare 1000 plates and 1000 leaf bowls, she would be paid Re. 1/-. She would pay the fees of my father for English School which was Re 1/- per month.

When my grandfather returned to India he had 1000 rupees with him. He got the house repaired by a part of 1000 rupees. My father cleared the  matriculation. He joined the English school as the teacher in English. During this period he had also passed out Philosophy and Sanskrit Grammar from Kashi Vidyapith, which was considered en-par with post graduation.

M. K. GANDHI’S MOVEMENT OF SWADESHI

While working in the English School (S. K. High School Lunavada), M. M. Dave was most popular among teachers and students. The Maharaja of Lunavada kingdom had banned any activity related with freedom struggle. But the Swadeshi Movement cannot be banned. There by during the vacations, M. M. Dave and his friends who were completely dedicated to Nation, used to travel on foot into the villages of Lunavada state and Punch Mahals District, for canvassing for Swadeshi. Since most of them were Brahmins they under the tradition, were not permitted to take cooked food with them, they used to take baked grams.

Of course the Maharaja of Lunavada was not happy with Swadeshi movement within his kingdom. But some freedom fighters were arrogant and may challenge the action of the king, as by the law of the land, one cannot stop Swadeshi Movement, when it was not stopped in British India.

MAHATMA GANDHI ENDED HIS FAST

On an occasion, Mahatma Gandhi ended his fast. While addressing a meeting organized for Swadeshi, M. M. Dave informed the public, that “today M. K. Gandhi has ended his fast.” This was considered as a political statement by the Maharaja of the Kingdom, and he dismissed M. M. Dave from the job. His English typing job was also terminated.

SALUTE TO THE KING AVOIDED

Young M. M. Dave was arrogant to some extent. There was a practice to submit a salute to the king when he was passing on the road. All the people on the road side would submit a salute. M. M. Dave used to look at him but never used to salute him. Maharaja knew this, but he used to keep mum. My grandfather told M. M. Dave, “if you do not want to salute the king, it is ok, but in that case you should go inside some street and you can avoid the line of sight with the king. Why should you just insult the king for nothing?”

I think, this was a great advice. One should never invite trouble.

AFTER DISMISSAL:

When M. M. Dave was dismissed, his father had become very old according to that period. Probably he was 75 years of age. The jobs in governments were very few. M. M. Dave my father, went to Godhra and some villages which were under British agency rule and did some teaching job.

The salary of a teacher was very poor. That too, in a private school, it was very very poor. But the respect for the teacher was great. Mostly because they were Brahmins, and they were dedicated to their work. MY father had even gone to Hoobli of Dharavad Karnataka for a job for a salary of 4 rupees more.

THE BRITISH PERIOD WAS A PERIOD OF MISERY AND SUFFERING.

Once upon a time, my father suffering from a fever of 104F. There was a doctor 8 kilometers away from the village (Jantral of Punch Mahal District). The doctor used to give a good medicine. The medicine was perfect. But the Doctor used to charge 4 Anna (25 paise), for the first time. My father had no money. However he walked 8 kilometers all the way, with 104F fever, and reached to the physicians. My father told him that he was a teacher. He would give the charge, once he would receive the salary. The physician was kind enough. He gave medicine.

M. M. DAVE CLEARED THE EXAMINATION OF ADVOCATE

While working as a teacher or remaining jobless, he cleared the most difficult course of law and passed out the examination of Advocate. He became Advocate. (The result of the examination was to be 4 to 5 out of one hundred) He joined a lawyer’s firm in Ahmedabad. The firm did not pay him a single penny for the work for whole of the year. Whatsoever earned so far got consumed. My father had started searching a job.

In 1944 the king of Viththal Gadh (विठ्ठल गढ) wanted a person who knew law. M. M. Dave my father applied. He was appointed as Divan (दिवान) of the kingdom with the salary of Rs. 100/- per month. Viththal Gadh was a very small state whose annual income was 1.25 lakhs. The king was calculative. He initially gave Rs. 75/- per month. But after some time he realize the skill of M. M. Dave and started giving Rs. 100/-. King was kind and brave. M. M. Dave resolved all the problems of the kingdom related with nearby kings and the British agency.

IN A CONFERENCE OF KINGS OF SAURASHTRA

In a conference of all the kings of Saurashtra, where a matter related with sports was being discussed. It was a general opinion about the welfare of the people with the least priority to the sports. M. M. Dave justified the importance of the sports, though M. M. Dave had never participated in any sports. The Maharaja of Dhangadhra was very much impressed by his speech and invited to join his kingdom. Since the king of Viththal Gadh had left with no problem, he relieved him.

In 1945-46 M. M. Dave was the minister of publication of government orders in Dhrangadhra kingdom, where his work was remarkable.

INDIA BECAME INDEPENDENT:

On 15th August 1947, India became independent. The Maharaja of Dhrangadhra was the first king to decide to hand over his kingdom to the Union of India. But Vallabhbhai Patel visited Bhavnagar first. Hence the Maharaja of Bhavnagar became the first king to handover the kingdom to the Union of India.

WITH MANUBHAI SHAH

Manubhai Shah the minister (probably the minister of commodities and industry) wanted a person, excellent in languages and legal matters. Somebody told him, and advice to pick up M. M. Dave who was in Dhrangadhra State, though he was considered pro-kingdoms by some people, but in reality he was devoted to the national interest as he had suffered a lot from a kingdom during his early life. He was absorbed as Senior Superintendent thereafter he was made Dy. Director. He drafted the law and the ordinance accurately and skillfully, all the ministries had a very high opinion about him.  

WITH STATE BANK OF SAURASHTRA HQ BHAVNAGAR

Somewhere in 1951, Bhavnagar Darbar Bank was to be nationalized. M. M. DAVE was deputed to Bhavnagar (Bhavnagar Darbar Bank’s head quarter was Bhavnagar) to look into the legal matters and framing the rules and regulations for the nationalized State Bank of Saurashtra.

At a later stage M. M. Dave was absorbed as the law and administration Officer in StaTe Bank of Saurashtra. In due course he became Dy. General Manager which was next to the General Manager. M. M. Dave retired at the then superannuation age of 58 years, during the period of his services the bank flourished like anything, from 4 branches to 108 branches widely spread in all the big cities of India and all the villages having upto 5000 population in Saurashtra.

On the very next day of his retirement, M. M. Dave got appointment as legal advisor to UCO Bank stationed at Bombay on three years’ contract. Then he worked as Legal advisor to the National Textile Corporation. Then he worked as the Legal Advisor to Gujarat State Textile Corporation.

WHAT IS SPECIAL ABOUT M. M. DAVE?

Wherever he went he had brought revolution. He had a special technique for innovative ideas to reduce the efforts, that too, with foolproof procedure.

He would never become angry, even if the person would had committed repetitive mistake. Of course such occasion would hardly come up, because he would point out the error with some humor,

Though he was a lawyer, his perception on mathematical fundamental principles was clear.

His logic was extraordinary and convincing to make the person agreeable on what had he suggested. Even national union leaders of nationalized banks employees were scared of him.

He was very strict on his principles. There were many persons in Lunavada State whom nobody can purchase at any price. M. M. Dave was falling under that category.

He had convincing solution for each issue,

After the retirement from several service jobs, he and his son Mr. Girish Dave, who was M. Com. LL. B. and advocate and had worked as a law officer in several banks like HDFC, SBI, RBI etc… , opened up a law firm viz. Dave & Girish & Co. Advocates in Mumbai in 1977. This is an international law firm of a special grade.

INDIAN CONSTITUTION IN SANSKRIT LANGUAGE

He being a scholar of Sanskrit had made several translations of law books. Most prominent was the translation of initial portion of Indian Constitution in Sanskrit Verse.

This book was dedicated to the then President of India Dr. Radhakrishnan. On reading this book, Dr. Radhakrishnan wrote him a personal letter for appreciating his work. Based on this, the Government of India later requested him to translate the whole constitution of India in Sanskrit. He did the same somewhere in 1984. He was awarded by the Ministry of Law Union of India.

SAM_1967

In 1986 a progressive thrombosis paralyses attacked him. M. M. Dave remained inactive for a week. His power of confidence and determination made him walking independently in a week’s time. In a month’s time he started working from home on all legal matters of his firm. He died peacefully in 1996 on this day, i.e. 2nd April, probably due to the clot.

My father never dressed in payjama. He used to wear Khadi clothes. He never applied soap on his body even while shaving. He used to write articles in English magazines. He was logical but conservative. His concepts were clear. He believed in Castes system.

As a Brahmin he maintained the traditions like praatah Sandhya (प्रातः संध्या), Puajaa (पूजा), Oopavitam (उपवितम़), all ceremonial tradition and rituals. He never touched onion, Garlic, Bit, Carrot … etc. He had hatred towards smoking, drinking liquor and non-veg food. However he had never enforced his beliefs on us.

He was a complete man.

KAKA IN BHAVNAGAR 1965

He sacrificed fame to perform his duties towards his family. He could have become a person of national fame, but in that case his family could have been put in hardship. He married at the age of 20 with an oath before Fire that he would take care of his family. He stuck to his oath, and though ready to sacrifice everything for himself, he did not ask his family to suffer to enable him to meet his ambitions. In this way he sacrificed his ambition of fame. He served the nation by his services.

M. M. Dave and Politics:

He was against Nehruvian Congress. But he was also against Raj Narain, Nitish, Laloo, Mamata at that time also. Surprisingly I find no negative on their end at that time. But my father could foresee their aptitude. My father was very much in favor of A. D. Gorwala an Ex. ICS officer who resigned on principle from the Government. A. D. Gorwala had not even cared for his pension benefit. A. D. Gorwala was publishing a magazine “Opinion”. My father used to write articles in “Opinion”.

His idea ran parallel with socialism but he had no faith in Government machinery. He wanted self sufficient units like what M. K. Gandhi wanted  small circles and big circle complement to each other.

M. M. Dave and Religion:

Once upon a time I asked “whether are we  Vaishnava-s (because my grandfather used to read Bhagvatam in some body’s weekly session)? He just showed his displeasure and denied. My eldest brother told me with a smile that we Brahmins do not worship small God. Our God is Devadhidev Maheshvara (देवाधिदेव महेश्वर). My grandfather used to worship Dattatreya (दत्तात्रेय). We have a very good Brass Statue of Dattatreya (दत्तात्रेय) where Shiva (शिव) is at the center. In reality Dattatrey (दत्तात्रेय) is the form of Shiva (शिव). My father believed in Advait (अद्वैत) where the ultimate is Shiva.

I had a lot questions on Aryan Anarya (आर्य अनार्य) Theory. Once I asked my father, “is it that Shiva was the God of Anarya?” He annoyed and told me that Aryan theory is fake theory. There is no mention of any place which is outside India in Vedas.

Shirish Mohanlal Dave

Tags: M. M. Dave, my father, my grandfather, Mahashankar Shastri, Dvivedi (Dave), Lunavada, small Kashi, Sanskrit, Pathshala, Maharaja, Kingdom, Viththal Gadh, Dhrangadhra, Saurashtra, Manubhai Shah, Minister of commodities and Industries, English, Sanskrit, English School, Primary School, Law, Philosophy, Grammar, Kashi Vidyapith, M. K. Gandhi’s movement of Swadeshi, Salute to the king, State Bank of Saurashtra, Law Officer, Legal Advisor, Bhavnagar Darbar Bank, Nationalization

 

 

 

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Supreme Court of India has to interpret laws in true spirit of the human rights

Nehruvian Congress a political party of India had ruled India for more than six decades with small breaks. During these six decades, it has ruled 30 years with absolute majority. 2 years with absolute autocracy, and remaining period with majority.

Despite of this, it has made more than 100 amendments in the Indian Constitution, In the name of public interest.

Was it necessary?
No.

When this Congress party is addressed as Nehruvian Congress, there is a purpose.

You cannot say this Congress as “Indian Nation Congress Party” though on record it is like that.

This name has given, and still it gives, a very wrong message that this is the same Congress Party that gave big contribution, to make India independent from foreign rule.

This matter has been discussed by me in Gujarati language on my website (TreenetramDOTwordpressDOTwwwDOTcom)

If it has to be told in brief, than we can say that a person is identified by its culture. Culture can be identified by its behaviour. The behaviour is experienced or being experienced or it is on record.

WHAT IS EXPECTED FROM A CULTURED PERSON?

Suppose you are A and the other is B.

A and B both had respect for each others.

A is communicating with B.

B suddenly stopped communication with A. A got confused.

It was an insult indirectly but direct. A felt so.

Instead of being emotional, A asked B. B kept mum.

The reason was unknown to A. Even though A is open at  heart, there was no way for A as to how A can correct itself? B has to be transparent.
A cultured society maintains democracy and transparency.

A human is prone to commit mistake and error, knowingly or unknowingly.

The democracy provide scope for correction of individuals. To ask the other person for a clarification is the democratic cultured mindset. If the a behaviour or belief of A or B is not liked to B or A as the case may be. This thing to get clarified is advisable.

Because after all, all of us are here for pleasure and spread pleasure.

One cannot hurt a person and boycott that person without asking that person to clarify.

What applies to person to person (He to She, He to He, She to She or whatsoever) that applies to political parties too.

This is universal. If the cap fits to She or He can review her/his action. This is necessary to give a chance to a person to correct itself. This is called democratic and humanitarian mind set.

Here the subject is the so called Indian National Congress Party.

Let us come to the point of above Congress.

This Congress has always been run by Nehruvians after the independence since 1947. The Congress had been founded by Hume, a British, in nineteenth century. It was a party of white collars. When MK Gandhi came to India and he joined the Congress, he made it open for the whole mass of India irrespective of caste and economical status.

The intention had been changed from “Acting as an agency to be interface between British and people of India” to “Home Rule” and then to “Complete Independence”.

MK Gandhi thought that without involving mass, India cannot achieve proper independence with the tool of Non-violence. This was the culture of Congress at that time. In nineteen thirties, it had also passed a resolution that India would be a democratic country and it will have a written constitution.

The big question is what is democracy?

According to MK Gandhi, the definition of democracy is the political system under which “the truth is heard and the truth is honoured”. MK Gandhi more specifically called “Rama Rajya” means the way Lord Rama ruled India.

Who was Rama?

Rama Rajya

Rama was a king emperor of India walked on this earth, some 6000 years back from now.

What were the main political features of Rama.

(1) The ruler (king) has to rule as per the accepted legal and social traditions prevailing in the society.
(2) The ruler has only executive authority,
(3) Ruler is not authorised to make any change in the rule and traditions,
(4) The authority for making any change in a rule or tradition is the people
The group of preacher (teachers) will decide the method of finding out the way to decide peoples desire to change.
(5) The preachers (Teachers) will have no executive power.

We know the details of life of Rama and his wife Sita.
How did people behave?
How did Rama behave?
How did the group of teachers headed by Vashishtha behave and what was the result?
How did Rama honoured the controversial truth which was against a tradition (which still prevails in the democratic countries of world ) which he could not challenge to prove it as a falsehood?
The challenge had come from a very lower class poor person. But it was honoured by Rama.
Rama has been taken as an incarnation of Sun God (Vishnu), not because he won a lot wars. Rama was taken as an incarnation of Sun God because he discharged his duty very efficiently. He maintained law and order in democratic way.

Now here, in the present period, who has to act as a Rama? Who has to act as the team of teachers? Who has to propose reforms?

The head of the elected representatives are Rama.

We have a method of electing representatives under Indian Constitution. Off course the elections have to be proper and fair.

But the system was no fair enough for four decades. In 1988, VP Singh appointed Shesan as the Chief Election Commissioner, who enforced election provisions provided under law, very firmly. Till then, unless there was a flood against Nehruvian Congress, the Nehruvian Congress had never faced a defeat.

But after the enforcement of law strictly, the Nehruvian Congress could not get clear majority at any time.

This means, rules are there, but the interpretation has either not been made properly by the ruler in execution

or

the Supreme Court has not been asked to interpret the law,

or

the Supreme Court has not intervene of its own, to interpret any rule which could not protect the constitutional rights of citizens.

In fact, if the Supreme Court of India interprets the provisions of the Indian Constitution, in relevance to the human rights and natural rights, there is no need to enact further Acts.

Now let us look at the democratic rights based on and prevailed under the rule of Rama.

(1) The ruler has only executive authority: Why?
It is natural that some body has to take the responsibility of execution of rule.

(2) Ruler is not authorised to make any change in rule and traditions: Why?
Because if ruler is authorized to make changes, then the ruler will make the changes which are beneficial to that ruler only.
This has been very well experienced by India, during the rule of Jawaharlal Nehru, Indira Nehru and Rajiv Gandhi.
As for changes made in laws, by Indira NehruGandhi, one can write a thick Book like epic “Maha Bharata”. We will look into it, on the day of anniversary of “Emergency imposed by Indira in 1975.

(3) The authority for making any change in a tradition is the people: Why?
It is only the people are suffering. They are suffering due to any law or tradition and the rule is defective and required to be modified to meet with the protection of human rights. That is why the proposals should also come up from the mass. the mass includes teachers, experts, leaders of political parties etc… They cn come up through media or/and common platforms. Then political parties will draft a bill in consultation with experts and put it before public through the party’s election manifesto. If that party wins the elections, then the bill can be passed in parliament.

RAMA RAJYA THE POWER OF TEACHER

(4) The group of preacher (teachers) will decide the method of finding out the way to decide peoples’ desire to change the law: Why?

This is in fact drafting a bill. Supreme Court can re-examine or ask an expert committee to review the draft or bill or law.

(5) The preachers (Teachers) will have no executive power. Why?
Executive power has been entrusted with the ruler. And if preachers are entrusted with executive power then they become ruler. In these circumstances the ruler will get the power to change the law. In fact we want to deprive the ruler from using the power of making changes in the law, unless it has been proposed or permitted by the mass.

We want a system which enables the truth to be heard and honoured.
We do not want to promote old type of Rama Rajya. We want Rama Rajya where Sita the wife of Rama too gets justice.

How did Nehruvian Congress fail to provide justice to the mass by not protecting human rights?

In 1950-s, there were some scandals. But the then Prime Minister Javaharlal Nehru told the parliament that “we will not attend the scandals. You put before the public. Public would decide in the next election.”
A poor lot was remaining poor. JL Nehru introduced reservation for lower class, instead of providing employment with dignified salary to all poor mass. This was the foundation of Vote Bank politics.

MK Gandhi had said in his book, written somewhere in 1930-s, to first concentrate on cottage industries and education. But Nehru overlooked.

MK Gandhi had asked complete prohibition of liquor, to prevent the poor and illiterate mass from domestic economical anarchy. But Nehru ignored it.

Contrary to this, the successive government encouraged the relaxation in Prohibition on Liquor enacted under British Rule in Bombay State.

In many other ways, the Congress existed before independence lost its character after independence. That is why person like me address this Congress as Indian Nehruvian Congress Party, in place of Indian National Congress Party.

Why did Supreme Court fail to supervise the human rights?
There was no provision in Indian Constitution to take up the issue before the Court of Law, unless some one is affected adversely by any act or whatsoever.

P. I. L.
The First Non-Congress Congress government headed by Morarji Desai, enacted the provision of “Public Interest Litigation”.

This provision provides, any citizen to go before the High Court of a state or before the Supreme Court to declare specified law as null and void, as it is harmful to human right. Supreme Court would either ask the Government to amend the law suitably or to drop it or to re-frame it.

But why there should be a Public Litigation Act? In fact it is inbuilt in democracy that any law becomes null and void if it harms a human right.

Information Act
Why this act is needed?
You have appointed a servant to whom you pay against the duty you have asked to perform.
Now suppose you gave him some money to purchase some vegetable.
You have the right to tell that person as to what he has to purchase and from where he should purchase, how he has to purchase and how much he has to purchase.
When he comes back, it is your right to ask the person, to tell you the full information. It is the right of the person who gave the earned money for a purpose to a person who has been employed on payment.
Now what did the Congress do?
It restricted the right by enacting the act and provided lot exceptions. The act became nail-less to great extent.

Consumer Protection Act
You have the full liberty to select the item, the amount, the way and the quantity to spend the money you have earned.
The right to selection, the right to quality, the right to know the contents, the right to compare the prices, the right to enjoy options, the right to have the record of your purchase. All these rights are inbuilt rights under human rights.

Right to “call back” the elected representative.
This act yet not been enacted.

But it can be interpreted as inbuilt right to human right.
How?
You are selecting your representative to represent and execute, your view, desire, security and welfare.
You are paying the representative for that duties.
There is a system of payment by Tax. This is called public fund.
There is a system for selecting person. This is called system of elections.
Somehow jointly, you have selected a person of your geographical area for 5 years.
Now suppose this person increases its own monthly payment without your permission,
Suppose this person shows negligence on your security,
Suppose this person hides the facts,
Suppose this person making joint ventures with your recognized enemy,
Suppose you have lost faith in this person and you feel to terminate its services.
Definitely it is your inbuilt human right to terminate the services of this person at any time as soon as you feel that this person is not faithful.
Terminate the services of a person whom you have elected is termed as “Call Him/Her Back”.

This “Right to call back” has not been enacted yet. But such right to call back is inbuilt right in democracy.

How to call a person back if there is no system constituted in the Indian Constitution.

Let us take an example:

In 1971 Nehruvian Congress had won 140 seats out of 163 seats of Gujarat State Assembly.
The said government lost the faith of public. Its governance was full of scandals and frauds. People of Gujarat were highly dissatisfied by the government. It became a hot issue of discussion as to how to call, all the elected members of the state assembly, back.

People had to lodge a wide spread agitation and asked the representatives to resign. But Nehruvian Congress Members did not pay any heed and did not resign.

All the opposition party members had resigned. There was a very big mass movement in Gujarat. This was known as Nava-Nirman-Stir (A movement for Reconstruction of State Assembly). It is a long story as to how it became successful and at what cost.

But how to achieve this success, without loss of blood?

What do we do in a normal housing society?

20 percent members can ask the president of the society to call for an extra-ordinary general meeting with an agenda.

Here, in the “Call them Back” case,  20 percent voters of that area can submit an affidavit before the Election Officer, asking the election officer to conduct a vote of confidence in respect of the elected member.
If the representative secures 50+ percent of the votes polled, he would be continued as the representative, otherwise by-elections would be conducted for that assembly seat.

This means that only interpretation or directives are required for fulfillment of any human right, from the Supreme Court.

Shirish M. Dave

Tags: Democracy, Rama, Rajya, Rule, Law, act, enact, person, party, Nehruvian, MK Gandhi, Indira, Nehru, India, human rights, natural right, Information, consumer, election, representative, fraud, faith, preacher, teacher, executive, power

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