I have rigorously endeavoured to apprise the learned Judiciary and now, let the people of India also know, that I have tried my utmost through my various books and seminars organized for the learned Judiciary, Executives, Legislators and Jurists at different occasions to impress upon them the importance and urgency, to stop defiance of the basic law and carry out essential electoral reforms to make our electoral process efficacious and accountable. Some of them are mentioned below;
In the past few years, I have submitted a number of prayers/submissions to the Hon’ble CJI’s, as reproduced in the next para, for undoing their own wrongs right and pronouncing ‘essential electoral reforms’, enabling the voters elect sensitive and responsible governments at the Union and the States. Governments that are capable of fulfilling the basic objectives of the Constitution.
- Seminar at India Law Institute (Sept 2014), Chief Guest, Hon’ble Mr Justice T.S.Thakur, the Ex CJI said, “Mr Agrawal told us today, what we have lost and what can still be redeemed”.
- Seminar (2013) Chief Guest, Hon’ble Mr S. Y. Quraishi (Ex-Chief Election Commissioner) and Hon’bleMr Vijay Jolly (Spokesperson BJP) wondered how I was able to write such a book.
- Seminar (August2014) Chief Guest, Dr Mahesh Sharma, the then union Minister said, time comes that we implement the Constitution’.
- Seminar (Sept. 2014) Chief Guest, Hon’ble Mr Ram Jethmalani said, ‘Mr. Agrawal is an Architect of future India’.
Prayers/submissions to the Hon’ble CJI’s for essential electoral Reforms.
Our moral obligation:
If a law is unjust, a man is not only right to destroy it; he is obliged to do so!
-Thomas Jefferson, (American founding Father)
For general awareness, prayers dated 19/06/2019, 27/03/2019 and 31/01/2019 are reproduced below.
The Next Submissions to the Hon'ble CJI Dated 19/06/2019
Hon’ble Mr Ranjan Gogoi, Sir,
My concerns are related to basic Constitutional issues and call for suo-motu decisions by the learned Judiciary in keeping with the sanctity and to upholding the reverence of the Constitution. Even the Ex Honorable President of India Mr. Pranab Mukherjee and Honorable CJI Mr. J S Khehar have suggested so, as noted later.
My consistent efforts for Judiciary to take cognizance:
Sir, in my endeavor to set the wrongs right, I have tried my utmost through my various books and seminars organized for the learned Judiciary, Executives, Legislators and Jurists at different occasions, to impress upon them the urgency, to stop defiance of the basic law and to carry out some essential electoral reforms to make our electoral process efficacious and accountable.
The causes of their pitiable plight are our lax and fallacious – ‘electoral process’ that serves little in electing sensitive and worthy guardians. The process is not able to ensure responsibility and accountability of our elected guardians. I therefore pray your honour, to kindly take cognizance of this conspicuous cause for our non performing governments; and take suo-motu decision to make our ‘electoral process’ responsible, accountable and purposeful. The electoral reforms as proposed by me are logical and shall enable people elect worthy guardians, responsible, accountable and sensitive to human sufferings and capable to pulling our suffering people out of their miseries and settle them in their lives in a natural and dignified way.
Now that India’s general elections, 2019 are over, it is time for self-introspection and making our future elections decent and accountable. To make it happen, based on my intense research of several years and many books on the subject, I would like to briefly propose as under;
- Reforms are vital to re-assuring allegiance of the political parties and candidates to our revered Constitution and their commitment to abiding by and fulfilling its basic objectives.
- Reforms is a mechanism for electing worthy guardians, capable of building the nation and pulling the suffering people out of their miseries and settle them to live a dignified life naturally, rather than making them permanently dependent on demeaning reliefs and dole-outs.
- Reforms shall also protect the nation’s wealth from getting auctioned as allurement for votes. The wealth of the nation is meant for development to creating means for living and avenues for employment. In absence of tangible development, India’s unemployment galore.
- Without reforms, the nation may not come out of its insurmountable predicaments and people from their ever-rising and never ending illiteracy, poverty and woes of life, if past 71 years is any proof!
I. Electoral Reforms:
- To ensure free & fair elections - stop freebies.
- Stop nagging and denouncing each other: because it germinates fratricidal instincts among the people of the land.*
* During general elections, 2019, we witnessed with awe, the prospective guardians blurting out filthy and abusive adjectives from public platforms to denounce their rival candidates’ even respected lady candidates, shaming India. Nagging and denouncing are getting dirtier and filthier with each passing election and shattering the cultural fabric of India.
- Debar criminals in politics**: because by no stretch of imagination criminalization of politics can be for the welfare of the people (it is abuse to Article 13 of the Constitution).
II. Judiciary to establish judicial support system to banish misuse of our revered Constitution:
Consequences of our present electoral process:
Our illiterate and semi-literate masses:
Regular quotas and reservations in education has turned the bulk (about 86% http://indiainchaos.com/) of India’s population almost illiterate or semi-literate (clipping below). Illiterates are now permitted to drive vehicles on roads (Hindustan 13/05/2017)***. In this manner India’s most populace is already turned into a liability rather than an asset of the nation and India is obliged to carry their liability on its cracking shoulders.
*** The Rajasthan HC has ordered the state government to withdraw all such licenses as they were menace on road (TOI 13/06/2019).
The unfulfilled Constitution, conspicuously, is a result of gross misuse and defiance of the basic law by the governing guardians as researched and analyzed in my book. The learned Judiciary, as the final arbiter and implementer of the Constitution; is bestowed upon with enormous prerogative powers, to uphold the reverence and dignity of the Constitution under all predicaments.
Thanks and Regards.
Your’s humbly in the service of Humanity,
K C Agrawal
- The revelation by TOI about our education system is startling (news item dt 20/03/2019 clipping attached). It is due to unabated reservations and quotas in education that have rendered India’s people semi-literate and incapable. It may be a matter of worry, how in the long term, a mammoth nation of about 137 crore people (by 2019) will be able to sustain on the illiterate and semi-literate shoulders of our people and indifferent guardians?
Sir, what legacy are we trying to leave behind for the present and the posterity?
Indifferent guardians and a Judiciary that could not stop the sinking of the nation, while the Judiciary is bestowed upon with all the prerogative powers to halt its dilapidation and save the people from their sufferings!
Sir, I wish the reforms happen before the general elections, lest the nation is auctioned by political class to buy votes. I am sure the steadfast and concerned Judiciary shall rise and save India.
Another Submission to the Hon'ble CJI Dated 31st Jan, 2019
Hon’ble Mr Ranjan Gogoi, Sir,
It is in furtherance to my submissions vide my letter dated 24/11/2018 along with my book, ’India in Chaos, Only Judiciary can Save’ (copy attached).
What I beg to submit below is purely for the empowerment of India and well-being of the suffering people.
To address the problems of the nation consciously, may I request your honour to please lend your ear to hear the sighs of sorrows and grief of our suffering masses and take cognizance of the consistent regression of the nation and the stark poverty and illiteracy that have besieged our debilitated masses, besides other maladies.
As the third most powerful and concerned guardian, I appeal to your honour, to please take a suo-motu* cognizance of the dilapidating plight of the poor and their rising miseries and implement the vital electoral reforms as submitted before and noted below, to enable the Indian voters elect sensitive and capable guardians who can establish responsible and accountable governments and fulfil the ‘basic objectives’ of our forgotten Constitution and address other maladies** that have besieged the nation.
“The time comes for the learned Judiciary to uphold the reverence and sanctity of the Constitution by implementing the ‘Electoral reforms’ proposed by me with great care and backed up by intensive research and analysis to enable voters elect worthy guardians, capable of establishing worthy governments at the States and the Union. Governments so established will be capable to honour and fulfil the ‘basic objectives’ of the Constitution”.
Sir, this benevolent act of yours shall save India from the chaos and pull the hapless people out of their miseries and woes.
Sir, just when I was about to submit this follow-up prayer to you, that I received a very encouraging and heartening response from Hon’ble Sri K K Venugopal, Attorney General for India. His response vide his letter dated Jan 28, 2019, is about my book and the mission, ‘Transforming India’. I am happy to forwarding to your Honour the copy of it for favour of information and taking cognizance of the same. for copy of the Letter >>
Your’s humbly in the service of Humanity,
K C Agrawal
• List of essential electoral reforms along with prerogative powers of the Judiciary.
• Copy of letter addressed to your honour dated 24/11/2018
• Copy of letter dated 27/01/2019 from Hon’bleMr K K Venugopal, AG for India
Copy of the above submissions are also being forwarded to the following Hon’ble present and former guardians of India, to initiate further needful, to save India and protect the people, to usher in a new dawn and providing prosperity and happiness to the present and the posterity;
• Hon'ble Mr Justice M N Venkatachaliya,
• Hon'bleMr Justice K G Balakrishnan,
• Hon’ble Mr T S Thakur, Ex CJI
• Ex CJI Hon’ble Mr J S Khehar
• Hon’ble Mr DipakMisra, Ex CJI
• Hon’ble Mr K K Venugopal, AG for India
• Hon’ble Mr Fali S Nariman, Ex AG for India
• Hon'ble Sri Ram Jethmalani, Jurist
Free & Fair Elections:
• Stop freebies: to help elect worthy guardians and save nation’s precious wealth on non-productive freebies and irrational promises to the voters during States’ & Union elections at the cost of development and employment opportunities (Defiance of Part IV–Directive Principles of State Policy).
• Stop nagging and denouncing each other: because it germinates fratricidal instincts amongst the people of the land (abuse to the basic law, ‘fraternity, unity and integrity of the nation).
• Banish criminalization of politics: because by no stretch of imagination criminalization can be for the welfare of the people (abuse to Article13).
• Elections by clear mandate of people: by securing 51% votes of a constituency, applying the same criterion as for political parties while forming governments.
• Being the custodian and implementer of the Constitution: learned Judiciary may please play a ‘third eye’ over the governing guardians - to uphold the dignity and reverence of our Constitution.
1. On ‘Free & Fair Elections’
Accordingly, RP Act, in light of the above citations, cannot over-ride the basic laws which are inviolable in terms of liberty, dignity and fulfilment of fundamental and socio-economic rights of the people under Parts III and IV of the Constitution, nor can it empower the Legislature to defy the basic laws.
2. Law of equity is one of Law of Maxims*
(To address criminalization of Politics)
The term equity refers to a particular set of remedies and associated procedures. These equitable doctrines and procedures are distinguished from “legal” ones.
Equitable relief is generally available only when a legal remedy is insufficient or inadequate in some way (like in ‘banishing the criminalization’ of politics).
Citations empowering the Judiciary
3. Mr. M. Anantha sayanam Ayyangar, member of the Constituent Assembly of India, and later Speaker of the Lok Sabha, during a debate on the subject, described Article 32 (Right to Constitutional Remedies) thus: “The Supreme Court, according to me, is the supreme guardian of the citizen’s rights in any democracy. I would even go further and say that it is the soul of democracy. The elected Executive, which comes into being for the time-being, is apt to abuse its powers, and therefore the Supreme Court must be there, strong and untrammelled by the day-to-day passions which may bring a set of people into power and also throw them out in a very short time. If the fundamental rights of the individual are left to the tender mercies of the government of the day, they cannot be called fundamental rights at all,” and further that “these and other rights must be carefully watched and for this purpose the Supreme Court has been vested with the supreme ultimate, jurisdiction”. (Source: Discussion on 9 December, 1949 in the Constituent Assembly of India “on the scheme, object and enactment of Article 32 of the Constitution”).
Judiciary’s Prerogative Powers
Most Constitutions of the world, some of them discussed briefly in Chapter 5 of my book, reiterate the need for responsible and accountable system of governance to maintain fiduciary relationship with their people.
4. In keeping with this, the Apex Court, in the case of KesavanandaBharati v. State of Kerala (News clipping 4 of the book), pronounces that, “Parliament’s power to amend the Constitution did not extend to tampering with its basic structure or framework”.
5. Constitutional courts can direct the Legislature and Executive to follow the spirit of their Constitution to merit being called fiduciary. If Legislature and Executive fumble, the Constitutional courts have powers to abolish political parties. Our Judiciary too may conduct as the Constitutional Court of India.
The Indian Constitution and the role of Judiciary
6. The Judiciary interprets the Constitution as its final arbiter.
7. It is the duty of the Judiciary as mandated by the Constitution, to be its watchdog, by calling for scrutiny of any act of the legislature or the executive, who otherwise, are free to enact or implement these, from overstepping bounds set for them by the Constitution.
8. It acts like a guardian in protecting the fundamental rights of the people, as enshrined in the Constitution, from infringement by any organ of the state. It also balances the conflicting exercise of power between the centre and a state or among states, as assigned to them by the Constitution.
While pronouncing decisions under its constitutional mandate, it is expected to remain unaffected by pulls and pressures exerted by other branches of the state, citizens or interest groups.
And crucially, independence of the judiciary has been held to be a basic feature of the Constitution and which being inalienable, has come to mean - that which cannot be taken away from it by any act or amendment by the legislature or the executive.
Sir, I will be happy to provide you any more detail as may be desired by your honour to the best of my available knowledge.
K C Agrawal
I bow down humbly to the learned Judiciary in reverence, to apologize for my audacities on some issues. The purpose is purely, to bring a logically correct or incorrect issue home, convincingly and strongly. I have an unflinching faith in our learned Judiciary and my last three books are testimonies to the same. Doting children may sometimes, bring some conspicuous wrongs to the knowledge of their parents to set them right in the larger good of the family.