Systematic change a must
The makers of Constitution of India could not foresee what was likely to happen in India. So, they modeled it on the British pattern. In my opinion, they should have chosen the Constitution of the oldest democracy in the world i.e., USA and that of Israel as their model. Therefore, the constitution needs to be thoroughly reviewed. Similarly, in order to make the judicial system fair, we have to make it accountable to the people. The same can be said of the police and political system.Updated: Jan 02, 2007 19:11 IST
I agree with Mr Vohra that there is a need to change our political system.
In fact, the Constitution of India makers could not foresee what was likely to happen in India. So, they modeled the Constitution on the British pattern. In my opinion, they should have chosen the Constitution of the oldest democracy in the world i.e., USA and the Constitution of Israel as their model. Therefore, the constitution needs to be thoroughly reviewed.
In the present judicial systems, the lawyers train witnesses to tell lies and get postponement of judicial proceedings on one pretext or another so that their clients could get acquitted. It is also seen that hearings in a court are got postponed with the help of the court clerks. Now, justice to be fair has to fulfill two criteria, one is that it should not be delayed because justice delayed is justice denied and the other is that justice should not only be done but appears to have been done.
Therefore, in order to make the judicial system fair, we have to make the judiciary accountable to the people. On the pattern of USA, we too should make necessary amendment in our constitution to ensure that all the judges and magistrates who are non-political persons and fulfill necessary qualifications for being a judge or a magistrate and have worked as lawyers for a certain number of years, are elected by the graduates of their particular area for a period of two years.
Similarly, the court clerks and public prosecutors should be elected for a period of two years so that the hearing is not got postponed with the help of these professionals take interest in all the cases. This would bring about transparency and ensure accountability of judiciary to the people.
The police also seem to be corrupt and are not accountable to the public. They refuse to register FIR in respect of those people who are not powerful. Moreover, they do nothing but harass the people and ask for bribes for registering an FIR or for acting on a complaint. As in USA, the police chiefs who are non-political and have the necessary qualifications and experience, should be elected by the graduates of their area of jurisdiction for a period of two years so that they become accountable to the people. Moreover, if police chiefs are elected, FIRs would get registered and no harassment of the people by the police would take place.
Elected representatives have to lead by example for empowering India. However, there is criminalisation of politics and tainted persons enter Parliament through booth capturing, intimidation of voters, etc. They are hardly the elected representatives who will empower India. To obliterate this, Israel has an electoral system based on nation-wide proportional representation.
We can adopt this system by amending our constitution. Since election would not be fought on individual basis, no tainted person would get elected without party's consent. There would also be no booth capturing etc. and independents not being there, there would be no horse-trading. Moreover, political leaders would not ask for votes on caste or religion basis if proportional representation system is introduced.
The architects of the Indian Constitution could never have envisaged that the position of the governor would be misused so blatantly as had been done by some governors in the past and that he or she will become a mere pawn in the hands of the Centre. Since they did not foresee such a situation, they did not lay emphasis on the qualifications of the person to be appointed to the post of governor.
They assumed that the person appointed would be a person of unimpeachable integrity and preferably non-political.