Date: 17 Mar 2011
Governance-Public Feedback-Separation\\\\\\\\ Any governance has three major parts; Legislative, Administrative and Judiciary. These three should be able to function independently, clean, and clear, accountable to public it can and should be changed or modified according to majority public opinion. In our Indian Governance this last thing is absent, the framer of constitution thought everybody who is elected will behave honestly, and unfortunately it did not happen. There is no provision provided to public to recall the useless or harmful representative once they have been selected, appointed or elected. we can clearly see there is no communication between elected representative and public, even if there is one it was always and most of time used for individual benefit like transfer, job or land allotments etc. etc. Public Opinion has no legitimacy under our great constitution. Hence there can be communication between public and all three branches e.g. legislation, Administration and Judiciary. But there are lots of orders and laws (none of the laws or orders are followed neither spirit nor in words - I challenge if anybody can show any one law which is enforced universally throughout India) to control and rule the public, without its direct input. It was presumed that the representative or appointee knows all and does the best for public at large. Unfortunately opposite is happening. Majority of public say 70% is not happy with present hotch potch of our Governance. No up down and left or right communication exits.\\\\\\\\\\ Let us understand the basic reason for this hotch potch our three branches Legislative, Administrative and Judiciary are not independent. There is so much interference in each other’s working that functioning independently is completely missing as a result of this there is no accountability which gives corruption. And for fear of transfer and other reasons well known to all of you, favors of ministers, Administration is completely became hand in gloves with each other. While we are talking about these three and another very interesting wing of Governance is Press which only talks what these ministers, administrators or judicial talk but give very little what public wants. Press is basically sold to administration for want of advertisements and favors from these anti public source. Basically we can clearly say that India is ruled by Gundas or antisocial elements which give rise to corruption at all and every sphere of social fabric. You can see clearly what it comes to a very large no. of our elected representative are having trouble with law. Appointed people are incompetent but cannot be removed easily as IAS have become super humans knowing all the solution of public troubles, provided anything is left for public after all their perks and needs along with neta or ministers safety is taken care. All IAS were selected and trained for administration fine but why we have District Magistrate (DM), a clear interference? Ministers were elected for legislative duties why they become part of administration? Same way why Administration- IAS also is in charge for judiciary? For that matter they in charge for everything under the sun, all over India even in local municipalities as well- a clear interference. Bihar Chief Minister recently passed order that all IAS in state will only perform Administrative duty but no ADM or DM etc. a Good step in right direction. Why police (IPS) be under guidance of IAS or DM when there is locally elected mayor who is capable of handling this job easily this is not only interference but delay in action. The IAS are transferred or deputed to other cadre so they can earn more money and public has to pay for all this nonsense. If you are found corrupt two times pardon but third time out. We all are Indian and wish well to our country than why we cannot work with anybody or everybody.\\\\\\\\\\\\ Now we can conclude how separation will help our Governance. It is coming to light in very slowly. See the effect one third of elected member of ruling party becomes minister which is full time job of secretary like signing on files, where is time for legislative duties or reforms. Hence clear interference in administration. Recently some minister has rightly said to press that discriminatory powers of ministers should be curtailed. These legislative people should be given full time to legislation and they can ask for clean clear and transparent Administration as per legislation or rules, if it is not done there are courts to decide who is right in applying the rules. Also we will not have same people who make the rules and break it too. Same way legislative people cannot influence the Judiciary. Now days Supreme Court is busy in improving administrative and legislative lapses and clearly other issues of public before court is delayed and justice delayed is Justice denied. Why Public had to pay in order to get any or all information from our own Governance if we have transparent Administration, Legislation and Judiciary. One thing we can learn from our neighbor Pakistan that all of our representatives should be Graduate (we can expect after 63 years of primary education to all public). I hope you will agree with me that if these three are separate accountability will come and corruption will reduce and those who do will be brought to justice easily with existing laws. As long as we have respect and follow the laws and rules which are well defined and if we cannot live with present laws our Legislative bodies and representative will come to our rescue.\\\\\\\\\\\\\\ Lastly about corruption and public, when there is no defined target for any letter which Governance gets from public, will be replied in timely fashion, corruption is bound to happen. For this law had been modified that one who accepts money in favor in order to do his or her job should be guilty and thus charged. Transfers to be stopped because it is neither in public interest nor in employees interest, this also very core of corruption of hotch potch Governance, this very old theory that a person will become corrupt if he or she stays in one place. Governance is such a huge establishment that there is enough space for Public consultative committees can be established at all local level in order to have open and constant public input in all of our governance. Prime minister can have few hundred key temporary post-" super secretary" (as he has advisors now) in order to run the administrator, instead of ministers - which are selected from legislators, to act on behalf of president, this will eliminate the duplication of posts and he or she can have trusted people to deliver the election promises by implementing new process and programs. This is another very clear sign of hotch potch. Why not adopt three tier systems to charge for the services or taking care of your work if urgent than pay ten times of normal fees and if early than pay three times regular than normal fee. At least money collected will come to governance coffer than in pockets of politicians and administrative people. Another corruption is coming to political representation by back door like member of rajya sabha or legislative assembly. Our present PM never had to face the directly public election.\\\\\\\\\\\\ In the end let us do some math about the representation of public belongs to so called Minister, as they are busy pushing files and signing papers, have no time for their constituents and their welfare. They lose all contact with reality and problems, public faces day to day. Many of minister and legislative representative even do not go back to their home in spite of all the free travel perks they have. You can look around and will know this where PM will go he has no constituency of his own. Very few times in a year, when and wherever these Ministers go they are always surrounded by yes men, hence never get to see the reality, which they want to see or heard about. They really never see the reality but what their yes people from administration wish them to see and believe. These people with the accent of computer age need not be provided with housing in Delhi but a temporary place to stay during assembly session. Their primary place of stay should remain with their constituents only. Instead of these people become signing machine the delegation with trust should be instituted. Even a low grade Clerk should be allowed and empowered to dispose public grievances - sharing. All those popular parties GOVT failed to get even 30% of popular votes so far from Independence, hence most of the public never feel satisfy, because they work more for party’s interest than for majority public interests. \\\\\\\\\\\\\\\ UMESH RASHMI ROHATGI March 11, 2011 000000000