India In Chaos

Judiciary's Prerogative Powers:
Judiciary is bestowed upon with enormous prerogative powers by the Constitution, to protect the reverence and sanctity of the Constitution under all situations (for details please refer the book). They must do all the needful and banish poverty, illiteracy, unemployment and other miseries of the suffering people, by setting the wrongs right and bringing essential electoral reforms to make our elections purposeful.

All the above issues call for Suo-motu decisions by the learned Judiciary to set the wrongful acts right;
Why Suo-motu? - Because it is an issue between the Judiciary and India’s Constitution and involves no litigation.

FOR THE STUNTING INDIA
TIME FOR THE JUDICIARY TO RISE & MAKE INDIA RISE

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)

The prayers I have submitted to the Hon’ble CJI’s;

Dated 19/06/2019 >>
Dated 27/03/2019 >>
Dated 17/02/2019 >>
Dated 31/01/2019
Dated 24/11/2018
Dated 01/12/2016

For general awareness, prayers dated 19/06/2019, 27/03/2019 and 31/01/2019 are reproduced below.

JUDICIARY TO KINDLY
“Settle the perpetually suffering people of India
Naturally and in a dignified way”

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.

Sir, I want the concerned Judiciary to take cognizance of the perpetually suffering people of India surviving unceremoniously on unscrupulous, ever-rising and never ending charities, reliefs and dole-outs.

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.

Electoral reforms are also suggested by the then Honorable President of India Mr. Pranab Mukherjee and Honorable CJI Mr. J S Khehar’
‘Judiciary may bring strong electoral reforms’ (TOI 19/04/2017).

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!

The essential electoral reforms and Judicial support system;

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).

**26% rise in MP’s in 2019 general elections. Now 43% MPs have criminal history (TOI 27/05/2019). (Clipping attached). Sir, tainted guardians are bad omens for the wellbeing of the people and must be eliminated. it is also violation of Constitutional Article 13, which States, 'Laws inconsistent with or in derogation of the fundamental rights be void'

II. Judiciary to establish judicial support system to banish misuse of our revered Constitution:

1. By establishing a real-time surveillance system (third eye), over the guardians to nip all defiance or abuse to the basic law, right in the bud, and making all in the system efficacious and accountable.

2. Establishing a dedicated Constitutional Court to tackle Constitutional matters on priority.

Consequences of our present electoral process:

It has resulted in many invincible predicaments like not able to, taming the rivers, controlling of the floods and droughts, overcoming shortage and contamination of water, setting up meaningful primary education system and tackling issues like, garbage disposal, environment, over population, congestion and unemployment etc... To address such predicaments, India needs sensitive and worthy guardians.

Moreover, for how long, for lack of development, will the governing guardians of India play parasites and consume the wealth of the nation in sustaining the poor and destitute through charities, concessions, loan waivers and sustenance allowances etc.?

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.

And then how with these illiterate and semiliterate populace
Can we aspire to build a prosperous nation?

*** 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.

Judiciary to Act
Sir, I earnestly urge you to please, curb the violations and abuses to the revered Constitution as the sufferings and uncertainties of the people are getting critical and insurmountable. The learned Judiciary may please also atone all that has gone wrong and direct steadfastly, all concerned to implement the Constitution truthfully.

All guardians are duty bound and under oath to do so. Let not these solemn oaths remain merely traditional rituals without any aim. The oath means one’s allegiance with the Constitution for implementing the same devotedly, “for the integrity and sovereignty of India and wellbeing of the people”.

It is time the learned Judiciary takes over resolutely, the reins of the Constitution, implement the electoral reforms and banishes all defiance of the basic law to implement the basic objectives of the Constitution and fulfil the purpose of our revered Constitution. With these reforms and judicial support system, the mighty Judiciary shall be able to save the nation from dilapidation and people from their miseries.

ONLY THE JUDICIARY CAN SALVAGE INDIA
A bold step now shall take India towards transformation’
And Judiciary to the ‘annals of history’!

Thanks and Regards.
Your’s humbly in the service of Humanity,
K C Agrawal

The Next Submissions to the Hon'ble CJI Dated 27/03/2019
Hon’ble Mr Ranjan Gogoi, Sir,

AN ATTEMPT TO EXERCISE ‘PEOPLES’ RIGHT
TO PROGRESS’
THROUGH ESSENTIAL ELECTORAL REFORMS

Present submission: For promulgating ‘essential electoral reforms’ before the general elections, 2019.
[My previous submissions dated 24/11/2018, 31/01/2019 & 17/02/2019.]

- Essential electoral reforms are vital to re-assuring allegiance of the political parties and candidates to our revered Constitution and their commitment to fulfilling the same in terms of its fundamental and inalienable rights of the people who are electing them.

- Reforms is a mechanism for electing worthy guardians who are worthy to build the nation, rather than render people survive on reliefs and dole-outs.

- Reforms shall 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.

- Sir, without the reforms, the nation for ever shall remain in debts and people under never ending illiteracy, poverty and miseries of life. Past 71 years is a cruel proof.

- 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!

I therefore humbly submit to the concerned Judiciary, to kindly let this temple of Constitution and Guardian Angel of suffering people, save the nation from further dilapidation and the hapless people from miseries and woes. Judiciary themselves have delivered Judicial orders propounding the same but these orders are never complied with, nor any Judicial action ever taken for this blatant contempt of court; while charities and reliefs have been galloping and plight of the people worsening.

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.

BUT INDIA WAS AUCTIONED AND IS NOW CRIPPLING UNDER RECESSION, WHILE PEOPLE’S UNEMPLOYMENT & UNREST GALORE.
JUDICIARY SHOULD BEWARE AND SAVE INDIA!

Another Submission to the Hon'ble CJI Dated 31st Jan, 2019

“INDIA IN CHAOS, ONLY JUDICIARY CAN SAVE”
AN HONEST ATTEMPT TO EXERCISE ‘PEOPLES’ RIGHT TO PROGRESS’
THROUGH ESSENTIAL ELECTORAL REFORMS

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.

In the past 71 years, our Legislature and Executive have consistently fumbled in accomplishing any of the basic objectives of our Constitution, mainly, ‘economic freedom, equal status and opportunity, liberty, dignity and fraternity’. These objectives were the sole purpose of our struggle for freedom. In absence of these basics, the problems of the nation are growing grimmer and becoming invincible with the passage of time and our kind of governments are not able to address the same.

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.

Perennial relief operations, quotas & reservations by the successive governments to artificially salvage the situation are ‘human rights violations’ and cannot be a long-term solution for perennial predicaments. The vital ‘electoral reforms’, may halt further deterioration and address prudently the problems India is facing.

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.

*Moved by the pathetic plight of poverty-stricken children unable to go to school, in 2001 the benevolent Judiciary taking suo-motu cognizance, directed the governments to provide mid-day meals to the school children.

**Some other predicaments that India is haunted with are: Congestion, unmanageable crowds (Voraciously rising population of human beings and livestock), dirt, filth, rising pollution and depleting environment, lack of space to dump daily garbage have become a daily menace of our lives. It shall not be long when people may be trapped under the debris of their own garbage and compelled to endure the daily shortage and contamination of water, power, and traffic congestion and so on. The maladies unending.

The causes of our failure are unmindful and destructive ‘Laws, Acts and Public Policies’ framed by the successive governments over the years, defying and abusing the basic laws, particularly Articles 13,32 & 37.The ‘electoral reforms’ shall address such wrongful acts and set them right. You surely, know it better. [News clipping 42A p.504 of my book]. Sir, I have tried my utmost to do what I could through my various books and seminars, to empower the nation economically and socially and address other grimmer becoming maladies** as noted above and uplift the downtrodden populace to a happy and respectable tomorrow (p.283-84 of the book). I have also tried to provide road-maps and guidelines in my book as to how we can still surmount our predicaments and progress unbound. (Part 3 of the book).

“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 >>

INDIA AND ITS DEBILITATED MASSES SHALL FOR EVER REMAIN INDEBTED FOR THIS BENEVOLENT ACT
OF YOURS AND THE MIGHTY JUDICIARY

Your’s humbly in the service of Humanity,
K C Agrawal
Attachment:
• 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

ESSENTIAL ELECTORAL REFORMS
For conducting “Purposeful and Performance” based elections.

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.

Some supportive Judicial Citations

1. On ‘Free & Fair Elections’

In a number of judgments, the Supreme Court has held that democracy is part of the basic structure of the Constitution and free and fair elections are its basic foundation, for example;

 “For democracy to survive, ‘rule of law’ must prevail, and it is necessary that the best available men should be chosen as people’s representatives for proper governance of the country. [Honourable Justices R.V. Raveendran and Markandey Katju, in the case of Gadakh Yashwantrao Kankarrao (2009(2) SCC 492)].

 “Sops shake the root of free and fair elections. “Dole-out of freebies vitiates the electoral process and shakes the root of Purposeful and Performance based elections,” said a Supreme Court bench of learned Justices P. Sathasivam and RajanGagoi (TOI, 6 July, 2013, clipping 42A p.504 of my book)”.

 Quote, “By Socrates a Greek Philosopher:
He also emphasized that country be not run by mere politicians who try to gain power by giving people what they want (reliefs, freebies and dole-outs), rather by those who know what is good for them (development and progress) (p.175 of my book)”. [Corollary: Even a doting mother may not permit candy or chocolate to her loving child, if it was harmful for her child.]

 Constitution of India also directs the Legislature that, “the philosophy of Directive Principles, Article 37 is for the Legislature to make laws to fulfil the basic incumbencies of Directive Principles of State Policy (DPSP).

Inference
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).

Law of Equity is the set of maxims that “reign over all the law”. Equity is commonly said to “mitigate the rigour of common law”, allowing courts to use their discretion and apply justice in accordance with natural law.

Equity does not suffer a wrong to be without a remedy.
* Law of Maxims: A principle of law universally admitted as being just and consonant with reason and suggests, that in the larger public good, individual rights can be sacrificed”, such as in case of tainted guardians.

India’s Electoral due Process
Our ‘electoral due process’ is an abuse to the purpose of ‘struggle for freedom’ and has sabotaged our revered Constitution. The irrational ‘electoral due process’of India has rendered our hard earned ‘freedom’ to mere treachery because, “Purposeful and Performance based elections are more important rather than merely conducting purposeless elections. Electoral reforms shall open up all constrictions for unbounded progress of the nation!”

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

HOW THE JUDICIARY CAN SAVE OUR INDIA?
Judiciary can save India, because, Judiciary is the custodian and implementer of the Constitution; and it is their imperative responsibility to set all the wrongs right and save our India.

Also establish strong Constitutional Courts; to settle Constitutional matters on priority and keep an over-view (third-eye system) over the faithful compliance of the Constitution by the governments. For complete analysis please refer to, 'Constitution & the judiciary' >>

My Most Humble & Sincere Apologies to the Learned Judiciary    

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.

JUDICIARY IS THE SAVIOUR OF THE PEOPLE
IT MUST ENSURE IMPLEMENTATION OF THE CONSTITUTION FOR
LIBERTY, DIGNITY AND FRATERNITY
K C AGRAWAL