Re: yogesh, I need your voice on health care, Barack Obama I will dedicate my life in services to the people of America

From:	yogesh saxena <yogrekha(at)gmail.com>
Date:	Thu, 21 May 2009 09:38:14 +0530
Subject:	Re: yogesh, I need your voice on health care, Barack Obama I will dedicate my life in services to the people of America

A time like our demands;

Strong mind, great heart, true faith and ready hands;

Men who, the lust of office does not kill;

Men whom the spoils of the office can not buy;

Men who possess opinion and will;

Men who have honour: men who will not lie;

Men who can stand before the demagogue and demn his treacherous flatteries without winking;

Tall men, sun crowned, who live above the fog in public duty and in private thinking.

“He who having sworn by solemn oath at his coronation to protect the people from wrongful operation, fail to do so should be slain as a mad dog.” ………….. Mahabharat

Leave this chanting and singing and telling of beads whom dost thou worship in this lonely dark corner of a temple with doors al shut? He is there where the tiller is tilling the hard ground and where the path maker is breaking stones. Put off the holy mantle and even like him come down on the dusty soil.

The distress of Mahatma Gandhi on the wake of partition of Indian continent may still be heard from a distant voice, calling to the people to unite and the unity in diversities may provide India’s survival as a nation before partition which depends on a wider vision of unity based on inter-dependence of the sub-continents and secularism and social justice. Let us try to hear again how distressed Mahatma ji was at the turn of events on the wake of partition. So far it was my desire to live upto the age of one hundred and twenty five years, but now I have no such desire. The objective before me was not just to attain freedom, but also to remove all the social ills in the society which had poctere during the 200 years or the British Rule. They have practically divested us or our traditions of tolerance and harmony, and instead fomented hatred and discord through their communal policies, I had thought that we could change the entire system and the people of this country and would live together like brothers, in love harmony and peace, so that coming generations may be blessed with all of that, which we have been deprived of. Therefore, in addition to the freedom of my country, the primary objective of my life was maintenance of cordial relations between the Hindus and Muslims since I could not attain my objective, this freedom has become tainted. Today, when I see Hindus and Muslims separated, with more or less permanent gulf, I feel politically and spiritually defeated. I have no desire to live any longer. When I cannot remove this mutual hatred and ill-will between Hindus and Muslims, and can not create feelings of love, peace and harmony

WE THE PEOPLE

Conquest of India buys nothing of any natural superiority on the part of conquerors, but it is due to lack of character and indiscipline in Indians, who were subjected by exploiting the spirits with division and jealousies between fellow citizens. It is difficult and impossible to conquer a Nation having intelligent approach, different religions and language form its invaders. Spain could not be able to conquer. Dutch province with their petty population remained unfallable. The same is the glory with Switzerland and Greeks in old ages. Israel and Vietnam are the recent examples of solidarity. India on the other hand was conquered by an Army consisting of its own inhabitants and a small fraction of 1/5^th Army at the average of these invaders. Thus India can hardly be said to had been conquered at all by the foreign invaders, she was rather conquered herself. The truth is that there is no India in political and scarcely in any other sense. It is a Geographical _expression_. The invaders had subjugated and abrogated the resource of this country due to its weakness. They have adopted the policy of “Divide and Rule”.

Alexander invaded the country and defeated King Porus with the help of Indian rulers. Since the time of rise of Mahmood Ghazni a steady of invasion has poured in India. The tie of Nationality has now been broken resulting the integrity and jeopardise the national disrespect towards the existing system which our politicians have borrowed in succession from the wake of partition. British’s have derived a system based on two Nation theory, but Mr. Nehru in order to gain the political superiority had accepted the same and be fooled the Nation by laming Mr. Jinnah who was actually aspirant to get the electorate representation of Muslims in proportionate on theory of Fundamental principle that we are all citizens and equal rights to them be given to rule the Nation. The objective to attain freedom and to remove social evil in the society fermented hatred and discord through communal politics. The freedom has become tainted with a permanent gulf between Hindus and Muslims. The feeling of love peace and harmony in the name of God and religions has ultimate outcome of sudden and radical change which has diversified effect and impact on religious fenaims of Muslims and Hindus. The political game of British’s has succeeded in high pitch of communal frenzy. The fate of real victims has been forgotten. Now the communal hatred, madness and barbarism had its free hand both in Pakistan and in India.

We fought the battle against the crusaders of independents like Neta ji Subhash Chandra Bose who sacrificed has life for independence. He was subjected to humiliations even after electing as president of National Congress after defeating Gandhi ji in 1939 due to nefarious planning of aspirant politicians to ruin the Nation. Churchill has characterised Indians as primitive due to such disgraceful anti National feelings. The historical change in the process of accession of Nation by the British’s was due to such shameful characteristics of the opportunists. Since the time of acquiring power by Bahadur Shah Zafar in 1837, the British’s have always recognised him as their emperor from the time of Lord Aukland upto the period of George Allenbro, but Lord Hasting then Governor General had diverted from maintaining such Traditional resumplance of his Majesty and Dynasty and wrote a confidential letter to his Ambassador Metkaph stating that the emperor Grace and his authenticity command has now vanished and the grace of Emperor which embraces the proud of identifying him with Taimur dynasty is on more in existence. The gifts which were offered to commander in chief by the Governor General are no more required to moulded with identity and title of the emperor. The Governor General is no more required to pose as the servant of the king and now there is nothing to require in order to represent Governor General as Subordinate to the Emperor. This historical change was not witnessed in a single day which was in the process of accession of Nation from the shameful defeat of Nawab Shahzadulla in the battle of plassey from Clive in the year of 1757.

Let us remember 12 June 1757, when British Army collided with Chandra Nagar Army and leaving behind only 150 British soldiers at Chandra Nagar, Clive with an Army of 650 English soldiers, 150 Artillery, 50 Navy and 2100 Indian soldiers on the invitation of Traitor Meer Zafar. He marched to Morsidabad to fight against an army consisting of more than one Lak (1,00,000) soldiers of Nawab Shahzadullah. There was a long distance from Calcutta to Morsidabad. In between Hoogly and Kotaya were the strong fortress under the domination of Nawab but Hoogly had surrendered voluntarily, while in Kotaya Clive had not only succeeded by victory, but also with a huge stock of rice which of one year. Meer Zafar, Sadar Wazir of Nawab on being assured to become Emperor, for which Jagat Seth Amirchand was given bribe of Rs 30 Laks, who had collided with commanders namely Ram Durlabh and Yar Lateef in conspiracy to give this Banquest of flower with victory to clive in the battle on 21^st June 1757, Clive received the invitation from Meer Zafar to invade the Army of one Lak soldiers with only 3,000 soldiers, in which patriot Meer Madan fought a fearless battle on 23 June 1757, but he was injured and withdrawn. Maharaja Mohan Lal who fought with the troops upto the deciding hour of victory, was withdrawn on persuation of Meer Zafar. Meer Madan had informed Nawab Shahzadullah in respect of conspiracy of Meer Zafar, has put his crown on his feet and persuaded by administering oath in the name of Allah not to betrayal during the struggle, after withdrawing Maharaja Mohan Lal from battle field, Zafar conveyed the message to clive to attack at Midnight and ultimately Nawab Shahzadullah ran away from battle field of plassey to Morsidabed and Meer Zafar having 45,000 soldiers surrendered before the Clive. This was the reason of calling the Indians as cowardice, selfish and primitive by the Churchill at the wake of Independence and partition of India.

We are 15% of world population and having 1.5% of world’s income. We are 54% of all illiterate of the world. In 1950 we were ranking at 16^th place in the list of exporting countries, now we are ranked at 45^th place. In 1950 we had 2.2% of export of world market today we stand at 0.45%. The population of Hong Kong is 0.7% and its land is 0.03% of India yet it has almost three times the trade of India. India has less than half of one percent of world’s tourist traffic. North has 1/4^th of world’s population and it has 70% of wealth and 80% of trade. It has 90% of Industry, 99% of finest and most advanced centres of learning and technology. In North, the total weight of their mile power which is surplus as one million ton while the butter is 1.5 million tons. There is 20 million tons of surplus fedo. Our political set up regenerates the corruption to prevent the benefit of donations received through begging and other aids from trackling down the requirement of down trocdens. Since all aid goes into the private pocket of yes men of politician as such North has now stopped all such assistance which they virtually find as surplus in their countries. It is interesting that politicians ask another country to finance the corruption in their own statel.

We are still like a cavemen with our backs turn to light watching the shadow on the wall. The politicians have imposed mindless socialism which held in thrall the people endeavour and enterprise resulting in transfer of potential from the honest bonavelent to the dishonest and foreign ambitions. Politicians acts in nefacarious designs with impunity. Political parties motivated with vested interests are dancing to usurp power through any means fair or foul even at the cost of sacrificing the Nation’s existence to personal interest. Party systems has pushed to advance its own schemes upon the ruin of the rest. Our politicians are mafia dons next to the invaders. Robbers have generally plundered the rich who are seldom subjected to punishment but the politicians having the will of our regislation always plunget the common citizens and protect those mafia dons under the phraseology of “law making sovereign power” having the connotation “procedure establish under law to be cherished instead of due process”. There is always and excuse for tyranny and maladministration which has degenerated the national character. The power given need a safeguard from such arbtitrary power and unfair exercise. In present set up freedom has become an abuse and liberty as license. Therefore the moral damage is more terrible. Abn oppressive system is more to be teared than a Tiger.

Mr Chandra Shekhar, then Prime Minister who also held charge of Home Ministry himself, transferred Shri N.K.Singh then joint director of C.B.I. who was conducting inverstigation into st. Kitt’s forgery committed by controversial mafia don chanaraswami when he refused to drop the investigation. The transfer, which was manifestly for killing the investigation was challenged before central administration Tribunal. The tribunal pronounced that a civil servant however highly placed is bound to implement the policy decisions and directives given by the minister concerned. It was observed that a posture in public by a civil servant by showing his disagreement with the directions given by minister concered is untenable in an constitutional scheme, under which the minister concerned is accountable and answerable to their ministers. The tribunal declared: “The concept of indispensaility of and individual officer, however upright, honest and efficient he may be, is unknown to good administration under any legal system. A civil servant trying to uphold the public and preserve and protect public interest against the decision and directions of his own minister who are the political maters, is also alien to our legal system”.

This fatal doctrine enunciated by the tribunal even in the light of criminal politicians nexus was upheld without comments by the Apex Court. However it was reiterated that the officer, a man of undoubted competence, integrity, uninhibited acknowledgement and acclaim of his calibre and credentials even by respondents accompanied with future promotions earned by Mr N.K.Singh in due course are recognition of his merit that his needless excursion into the arena of litigation to challenge a mere transfer not detrimental to his career prospectus has fortunately not had any adverse influence against him. Hon’ble Supreme Court has adviced to leave the matter to those in public life who felt aggrieved by his transfer to fight their own battle in the forum available to them. The result is that the directions of ministers which are manifestly intended to kill the investigation against the mafia king has to be carrying out by the civil servant as a member of discipline force and he should not take upon himself the task of safeguarding the public interest.

This was completely forgotten that the criminialisation of politics is well known and has deep rooted linkage between mafia dons, crime syndicates and this network is virtually running parallel government. These gangs enjoy the patronage of local level politicians, cutting across party lines and protection of government functionaries. Bombay Blast in March 1993 has proved the activities linkages of the Dawood Ibrahim gang leading to establishment of Maharashtra Govt. The vohra penal report has found that all over India crime syndicates have become a law unto themselves. Hired assassins have nexus between criminal gangs, police, bureaucracy and politicians. Mafia is virtually pushing the state apparatus into irrelevance. Their modus operandi may shift to narcotic drugs, weapon smuggling, and established narco-terrorism network. The Indian underworld had been exploited by Pakistan I.S.I. and its network to cause sabotage, subversion and communal tension.

What has happened to the Nation after decision in Mr. N.K.Singh case. Even after four and half years, of the investigation conducted by Mr. singh nothing has come out from inverstigation in st. Kitt’s forgery committed by Chandraswami, but it has resulted in assassination of Rajiv Gandi with the cloud of uncertainty in identifying real culprit to the people i.e. whether he is Chandraswami, Miss Jayalalita or Mr. Chandra Shekhar Ex. Prime Minister or some alien Nation? The kidnapping and plundering in U.P. and Bihar and Samajwadis as state apparatus and judiciary with impunity avoiding the glaring facts of judicial accountability. These instruments of breaking the back of civil servant and police administration by politician affiliation are arbitrary against which every citizen is supposed to have the protection but the courts have still to pronounce the guidelines to the people, the common man with common cause, felt aggrieved to fight the battle in what forum available to them? Subsequently there was malafide and manifestly illegal transfer and suspension of Mr. M.Shankaranarayanan the distinguished chief secretary of Karnataka by Mr. S.Bangarappa, C.M. to protect the liquor lobby of Chandraswami’s mafia don for the public.

The citizens, “we the people” contemptlating of the infringement of the indefeasible rights cannot be told for tolerating infreaction or invasion of their rights anymore, which is guaranteed enough to relegate at the dawn of human rights jurisprudence fromulgated by judicial activism to fight their own battle in the forum available to them under social action litigatiuon. The Hon’ble Supreme Court has put an end to instrument of status upholding the traditions of Anglo Saxon jurisprudence and resisting radical innovation as honest in the use of judicial power to promote social justice. Nothing rankless more in human heart than in justice. Access to justice is basic human right on which is dependent other rights relating to equality. Justice has always been the first virtue of any civilised society. Life of law is a mean to serve the social purpose and felt necessity of people. Affirmative action promotes maximum well being for the society as a whole and strengthens forces of National integration. The purposeful role for more active creative in deciding it by the court of law is by not “what has been” but “what may be”. This is the role and purpose of law for the sovereign power of “we the people” as enumerated in our preamble constitution of india.

Mankind has a habit of serving the worst castrophes created by its own error or by violent turn of Nature. There is no meaning of life in its existence without self restraint and self organising capacity, if man is intended to survive. Conscienceness must come out of this chaotic life for ideal human conditions and unaccomplished gospel and its preservation which can only provide a chance for survival and success.

Implementation of strong ideas for betterment of mankind required steadfast wisdom. Such new and triumphant ideas should burst every human chain which tends to paralyse its efforts to push forward. Most of the people tend to see nothing or, to be more correctly stated, not inclined to observe and take anything in notice because this is simplest and cheapestattitude to adopt. The ensuring success are mostly least understood at the beginning because they are usually in strong contrast public opinion.

The nature of prevailing maladies and inadequacy of existing remedies also requires a fresh apprasal. A lack of sense of duty and dedication towards public service and reluctance towards one’s own behaviour to be accepted arms of honesty and probity in public life is the root cause of such disharmony. This picture of disharmony in the epic of progres never imperilled the fundamentals of duty and obedience which the basis of social discipline. If honesty is considered to stupidity, nothing can be achieved for eradication of corruption. The entire fabric of Indian society is saturated with gallopir corruption which if not checked with iron hand, will definity ruin the very structure of country’s basic foundations, resuing into its collapse in all spheres of Mankind

Inflation and black money is in the form of parallel economy. The eradication of black money for a viable economy of the Country is required for a healthy structure on all its front. The factors responsible for the generation of black money are required to be spotted just to provide a curve over the nefarious activities of the politicians and other bureaucrats in the society which is responsible for compelling the 60% of the population to live below a poverty line. The judicial institutions has partly realised the ideals of the constitution to develop through judicial activism in the form of a revolution for providing a check over the reprehensible conduct of the people to accumulating enormous well through any means. “Fair or Foul” at the cost of Nation. Price rise to the fantastic levels and velocity or liquidity of money circulation became enormous. One of the main feature of inflation is that money looses its value. This is virtually in confrontation with the aimed social objectives of legitimate expectations of the citizens.

The factors responsible for the generation of the black money: (a) Divergence between acceptable rate of return and legally permissible rate of return. (b) Consequences of controls, licensing system, quotas, permits of commodities. In effective enforcement of tax laws like income-Tax. Wealth Tax, Estate Duty, Sale Tax, Stamp Duty, Excise Duty, Octrol Duties etc. (d) A considerable part of black money has encourages diversification of resources in the purchase of real state estate and investment of such money in constructing “Luxury Houses”. Precious stones, jewellery and other venerable land situated in posh society. (e) Discretionary powers wasted in the ministers. (f) Fear of laws of power by our Bureaucrats. (g) Un-cordinate response of the public to provide a check over such activities of their representative through mandate in the elections and in effective judicial accountability due to the non-introduction of the terminology “Due process of Law” instead of procedure establish under law. The quantum of black money consequent upon by the method of tax evasion, tax concealment, smuggling in imports & exports, production of elicit commodities, artificial escalation or the prices, has resulted into part it away to the estate for the purpose social welfare. The estimated income on which the tax has not been paid would probably be more than 7200 crores according to the estimated data’s. Thus black money is very important route cause of urban value which deprives the Government its legitimate dues by way of taxes to the exchequer and induces dishonesty in the individuals trying to get more & more accommodation beyond his means. Transactions involved and element of black money. No individual posses adequate white account of money to buy a flat, thus this has ultimately resultant to the creation of black money as the parallel economy in the nation. The idea of inflation accounting mooted during the 2^nd world war which became the topic of active discussion and ultimately attained momentum and due to the rapid universal inflation is persisting upon as a major problem in the country which has the effect of the almost crippling the entire economic structure of society in all sphere. Inflation and black money has become menace to Indian Society and its economic structure in all its spheres. It has become necessary to have a rethinking in all the monetary polities of the Government and their administration in all sectors as to how incorporate the effect of inflation accounting to eradicate black money from the society. This requires a strong Government and a high morality in living pattern of society. It needs fighting with all statutory powers wasted in Government. Inflationary tendencies have to be contained within a tolerable limits Government expert economics and planners with eminent public men requires the determination of inflationary trends which is galloping in nature and very difficult being tricky and onerous, to tackle by ordinary process.

Time is free-fold present: as we experience it the past as the present memory and future as a present expectation. The expectations can not be the same and as anticipation. It is different from a wish, a desire or a hope nor can it amount to claim or demand on ground of a right. A pious hope even leading to a moral obligation can not amount to a legitimate expectation in the strict sense. The protection of such legitimate expectation does not require the fulfilment of the expectation where an over riding public interests require otherwise. Thus even if substantive production of such expectation is contemplated that does not grant and absolute right to a particular person. the protection is limited to the extent of judicial review. To strike down the expectation of an individual adrift to the pragmatism. Thus millions of people belonging to the deprived and venerable section of the humanity were looking to the courts for improving their life conditions and making back human rights meaningful for them. The Supreme Court acted as an instrument of status quo-upholding the traditions of Anglo-Saxon jurisprudence and resisting radical innovations in the use of the judicial power to promote social justice under the republican constitution till early 1970 with some Hon’ble expectations, but in the light of a social economic philosophy alien to our freedom movement and aspiration of the liberated people, the Apex Court has started a giving importance to the rule of Law with “tryst with destiny”. The outstanding judicial activism in the quest for social justice came by the enormous contribution of Hon’ble Supreme Court in the recent years. The use of new found judicial power in the service of “WE THE PEOPLE OF INDIA” who has often being represented in the judicial forum have always been at the receiving end of mal-administration and exploitation.

This is a constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence or incommunicado situation and the state is under a mandate to provide a lawyer to an accused person if the circumstances of the case and the need of justice so require, provided of course the accused person does not object to the provision of such lawyer (1980) 1 SCC 98.

It will be instructive to sun up this discourse with the observation of Chief Justice Bhagwati in Suk Das. It is common knowledge that 70 percent of the people living in rural areas are illiterate and even more than that percentage of the people are not aware of the rights conferred upon them by law. Even literate people do not know what are their rights and entitlements under the law. It is this absence of legal awareness which is responsible for the deception, exploitation and deprivation of rights and benefits from which the poor suffer in this land. Their legal needs always stand to become crisis-oriented because their ignorance prevents them from anticipating legal troubles and approaching a lawyer for consultation and advice in time and their poverty magnifies the impact of the legal trouble and difficulties when they come. More over, because of their ignorance and illiteracy, they cannot become self-reliant; they cannot even help themselves. The law ceases to be their protector because they do not know that they are entitled to the protection of the law and they can avail of the legal service programme for putting an end to their exploitation and winning their rights. The result is that poverty becomes with them a condition of total helplessness. This miserable condition in which the poor find themselves can be added to situations (1986) 2 SCC 401).

Extant by creating legal awareness amongst the poor. That is why it has always been recognised as one of the principal items of the programme of the legal aid movement in the country to promote legal literacy. It would in these circumstances make a mockery of legal aid it were to be left to a poor, ignorant and illiterate accused to ask for free legal service. This is the reason why we ruled in Khatri II case that the Magistrate nor the sessions judge before whom an accused appears must be held to be under an obligations to inform the accuses that if he is unable to engage the services of a lawyer on account of poverty or indigence, he is entitled to obtain free legal services at the cost of the state. We also gave a general direction to every State in the Country to make provision for grant of free legal services to an accused who is unable to engage to a lawyer on account of reasons such as poverty, indigence or incommunicado situations (1986 2 SCC 401).

In the judges Transfer Case, justice Bhagwati declared that law in the following terms: where a legal wrong or a legal injury in caused to a person of violation of any constitutional or legal right….. and such person or determinate class of persons is by reason of poverty, helplessness or disability or socially or economically disadvantaged position, unable to approach the court for relief, any member of the public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case of breach of any fundamental right of such person or determinate class of persons, in the Supreme Court under Article 32 seeking judicial redress for the legal wrong or injury caused to such person or determinate class of persons. (1981) Supp. SCC 87).

Fundamental rights particularly in relation to the poor and disabled do require new remedies for their effective enforcement. Creation of new remedies is interpreted as part of the judicial function in so far as the responsibility for enforcement of fundamental rights is a charge on the Supreme Court. The alienation and ivory tower image of the judiciary, sometimes justified in the name of “independence”, got a severe jolt by the socio-political activism and public self-criticism of judges of the Apex Court led by justice Bhagwati. The search for solutions in the quest for justice is an eternal one in which success and failure are always relative and never complete.

Absolute power is tyranny where as absolute democracy is tyranny and anarchy both. The political groups of revolutionary significance, which present have never imperilled the fundamentals of duty and obedience, the bases of social discipline, in short the most fundamental forces of social and political cohesion. Legislature or the executive ha e created situations which remain sometimes grimly un reconciled, political forces have pushed on to advance their own schemes upon the ruins of the rest. A party in power provokes by its policies a situation in which the economic stability of the society is threatened or where constitutional rules appear as the mere manifestations of the interest of the dominant power in the legislative. The normative and factual aspects of the legal order condition each other and interact closely with one another. A legal system acts as a mediator between social ideals and social reality. In the political and social life of a community, it becomes an effective moulding force for actual human behaviours in the process of balancing individual rights and the common good.

PARTITION OF INDIA – A Pure Political Game

“A TIME LIKE OUR DEMANDS

STRONG MIND, GREAT HEART, TRUE FAITH AND READY HANDS;

MEN, WHOM THE LUST OF OFFICE DOES NOT KILL;

MEN, WHOM THE SPOILS OF THE OFFICE CAN NOT BUY;

MEN, WHO POSSESS OPINION AND WILL;

MEN, WHO HAVE HONOUR; MEN WHO WILL NOT LIE;

MEN, WHO CAN STAND BEFORE THE TEMOGOGUE AND DEMN HIS

TREACHEROUS, FLATTERIES WITHOUT WINKING;

TALL MEN, SUN CROWNED, WHO LIVE ABOVE THE FOG

IN PUBLIC DUTY AND IN PRIVATE THINKING “.

“He who having sworn by solemn oath at his coronation to protect the people from wrongful operation, fail to do so should be slain as a mad dog --- Mahabharat

Leave this chanting and singing and telling of beads whom dost thou worship in this lonely dark corner of a temple with all doors shut? He is there where the tiller is tilling the hard ground and where the path maker is breaking stones. Put off the Holy mantle and even like him come down on the dusty soil.

The distress of Mahatma Gandhi on the wake of partition of Indian continent may still be heard from a distant voice calling to the people to unite and the unity in diversities may provide India’s survival as a nation before partition which depends on a wider vision of unity based on inter-dependence based on the sub continents and secularism and social justice. Let us try to hear again how distressed Mahatma ji was at the turn of events on the wake of partition:

“ So far it was my desire to live upto the age of one hundred and twenty five years, but now I have no such desire. The objective before me was not just to attain freedom, but also to remove all the social ills in the society which had pestered during the 200 years of the British Rule. They have practically divested us of our traditions of tolerance and harmony and instead fomented hatred and discord through their communal policies. I had thought that we could change the entire system and the people of this country and would live together as brothers in love, harmony and peace, so that coming generations may be blessed with all of that, which we have been deprived of. Therefore in addition to the freedom of my country, the primary objective of my life was maintenance of cordial relations between Hindus and Muslims since I could not attain my objective, this freedom has become tainted. Today when I see Hindus and Muslims separated with more or less permanent gulf, I feel politically and spiritually defeated. I have no desire to live any longer …….when I cannot remove this mutual hatred and ill will between Hindus and Muslims, and cannot create feeling of love peace and harmony in name of God and religion, you tell whether there is any point in my living any more? I would prefer death to this kind of life.”

Partition of India was purely a political game fought with a mark of religious fundamentalism the speech of Quaid Azam Zinnah on 11-08-1947 who vehemently advocated the two nation theory was enunciated the Government of Pakistan policy has also realised the folly committed in accepting partition on communal lines in these words:

“If you change your past and work together in spirit that every one of you, no matter what community he belongs to, no matter what his colour, caste or creed, is first, second and last, a citizen of this state with equal rights, privileges and obligation there will be no end to the progress you will make. I cannot emphasise it too much; we should begin to work in that spirit, and in course of time, all these angularities, of the majority and minority communities, the Hindu community and the Muslim community, because even as regards Muslims, you have Pathans, Punjabis, Shias, Sunnis, and so on and among the Hindus you have Brahmins, Vaishnavas, Khatris also Bengalis Madrasi’s and so on, will vanish. You may go to your temples, Mosques or any religion or caste or creed, that has nothing to do with the business of the state …….We are starting with the fundamental principle that we all citizens and equal citizens of one State….”

The general expectations that by accepting partition of India, communal madness would subside and peace would prevail and both countries would live like good neighbours and friends, were belied immediately on the wake of partition, in human tale of woe and misery followed communal hatred, madness, barbarism and its free hands both in Pakistan and India according to an estimate about 6 lacs people lost their lives and 14 lacs had lost their homes. The religious fanatism spread over the Indian continent in bitterness and repeated the story of shame and barbarity. Large scale exodus of refugees and their rehabilitation, subsequent three wars fought with severity loosing the life of many patriot living in both the sub continent, river water dispute and still continuing to create fresh problems of terrorism and sabotage with hostility and mutual suspicion in the inhabitants living between the two states, large scale violence, regional problem are the direct out come and the after effect the partition of India

Time is a three-fold - present; the present as we experience it, the past as a present memory and future as a present expectations. The expectations cannot be the same as anticipation. A wish a desire or a hope however earnest and a sincere a wish, a desire or a hope may be and one may confidently look to them to be fulfilled the same cannot be an asserted expectation. A pious hope leading to a moral obligation can be infect only if it is founded on the sanction of reason and to fulfil such expectation should be justifiably protected through analysis as rectification to fructify into a right in the conventional sense. Thus a protection of such expectation may be required through overriding public opinion and public interest which can provide substantive justification to germinate the idea of unification of the old “House” of Indian continent by demolition of those walls, consisting of armed forces on whose maintenance 60% of the national income used to be expended and thereby perpetuation of the hatred coupled with community frenzy between the people living in both the subcontinent, has now the need of the time.

Let us examine the factors responsible for the partition of India, certain extra-ordinary emotional circumstances in the event of quick succession rushed through a very disparate speed which caught in the whirl wind having a sort of commutative effect on our national life. The operation of the system of working of two political parties that is Indian congress and Muslim league and lack of collective wisdom in the leaders of both the political party had ultimately resulted into the partition of Indian continent. Gandihiji observed after the partition “when the congress leaders had virtually buried him a life, Gandhiji gave the said spirited reply” I cling to the hope that I am not yet buried alive. The hope rests on the belief that massed have not lost faith in my ideals. When it is proved that they have, they will be lost and I can then be said to have been buried alive. But as long as my faith burns bright, as I hope it will even if stands alone, I shall alive in the grave, and what is more, speaking from it. The life is worthless which ignores or disregards moral values.

With the demand for local self government the tempo of national movement gain movement gain momentum, thus the government of India act 1909 Known as Morely Minto Act was passed by the parliament of England. Then came the first world war 1914 in which the people of India forgetting all differences, co-operated in anticipation of self government and Home rule after the war. This was done on the basis of pronouncement in parliament on 20^th August 1917 regarding assurance as per policy of British government for granting responsible government by providing for the increasing association of Indians cocuy branch of Indian administration and for gradual development of self governing institution with a vision to progressive realisation of responsible government in India as an integral part of British empire and there after quit of India. Act 1919 was passed by the parliament. The governor general issue ordinance which were to have the free of law for six months. The Indian people had expected much more and men co-operation, civil discipline disobedience movements and terrorist activities started. Inspired communal riots insisted the necessity to send statutory commission popularity knew as Simon commission for England in 1927 to study the problems which was boycotted by Indian national congress. The commission submitted its report vehemently condemning diarchy which was discussed at round Table conference led to the government of India Act 1935. Sir Stafford Cripps made negations with the acceptance that the elected body of Indians should frame the Indian constitution and for the purpose calinet mission was send to assist the viceroy in setting up the constitution and to mediate between the congress and Muslim league. The plan was made public on May 16, 1946. India was to remain one state with the central government power to empire to Foreign affairs, communication and defence. The provinces would be grenped geographically into three regions, are predominantly Hindu other Muslim and third nearly equal population of the communities. Both Congress and Muslim League accepted the clainet mission plan.

Government of India Act 1935 has provided separate electorate and communal representation in the central and provincial legislature. To strengthen hands of all India Muslim league that critical stage in 1945, British Government had decided to hold general election both for central legislative assembly and provincial legislature under the government of India Act 1935. In that high pitch of communal frenzy, the result was foregone conclusion.

Elections to the central legislative assembly was held first. The results of election to the to the central legislative assembly were known towards the end of December 1945. The congress won overwhelming success in the general constituencies while Muslim league won all the Muslim seats. The nationalist Muslims mostly forfeited their deposits in many constituencies. Congress secured 91.3% of the votes cast in Non Mohammedan constituencies and the Muslim league got 86.6% of the total votes cast in Mohammedan constituencies.

The Final Figures were

Congress …………….57

Muslim League …………30

independents ……………5

Alkali Sikhs ……………2

European ……………8

Total elected seats……….102

Elections to the provincial legislature followed shortly. The results in the different provinces may be summed to as follows:

i) Sindh The Muslim league won 27 seats and one independent member joined it after the election. The congress won 21 seats but was joined by seven members belonging to two other group And by one independent labour members. Although the congress coalition commanded a majority of one over the Muslim league. The leader of the league was asked to form a ministry by the Governor.

ii) N.W.F.P: The Congress won 30 seats (Including 19 Muslim seats) while the Muslim league got only 16 Dr.Khan Saheb formed congress ministry.

iii) Punjab out of 175 seats the result of the election were as follows:

1) Muslim league 75

2) Congress 51

3) Akali Dal 22

4) Unionist 20

5) Independents 7

There were some changes after the elections, Congress and Akali Sikhs formed a working alliance and invited Muslim league to join it. But the negotiation failed. Eventually a coalition was formed between Congress, Alkali Sikhs and unionist, under Mr. Khizar Hyat Khan who formed the ministry.

iv) Bengal: Out of 250 seats, the Muslim league won only 113 seats and the congress 87 seats. Mr. H. S. Shuhrawardy the leader of the Muslim league negotiated with the Congress for a coalition, but being unsuccessful, formed a league ministry with the support of independent members.

v) In other Provinces of Bombay, Madras, U.P, Bihar and C.P the Muslim league captured 54, 34 and 13 seats, out of the total Muslim seats numbering 66, 40 and 14 respectively.

vi) The result of the election in the provinces confirmed the deductions made on the basis of the election to the central legislative assembly. They proved that the congress and the Muslim league were the only two parties that counted in the country, representing respectively the Hindus and the Muslim communities, except in the N.W.F.P and Singh. But it is noticeable that the Muslim league could not get absolute majority anywhere, even in the Muslim Majority Provinces.

It is significant to note that apart from all other factors it is the diplomacy of the then British Rulers that was mainly responsible for partition of India. While leaving India their main attempt was to hustle everything with undue haste and to balkanise India into several political units. Ultimately India was partitioned into two states and leaving 500 and odd Indian states as independent units giving option to them either to join India or Pakistan as per their discretion. It is obvious that the British rulers wanted to keep always, a vast country like India, internally weak and divided, as part of their global strategy and international power game.

On May 15 just before the despatch of the Cabinet delegation to India, Mr Attlee, the British Prime Minister, used these words ---

My colleagues are going to India with the intention of using their utmost endeavour to help her attain her freedom as speedily and fully as possible. What form of government is to replace the present regime is for India to forthwith the machinery fore making that decision

But if she does so elect it must be her own free will. The British commonwealth and empire is not bound together by chains of external compulsion. It is a free association of free peoples. If on the other she elects for independence, in our view she has a right to do so It will be for us to help to make the transition as smooth and easy as possible.

Charged in these historic words we - the cabinet ministers and the Viceroy have done our utmost to assist the two main political parties to reach agreement upon the fundamental issue of the unity or division of India After the prolonged discussion in New Delhi we succeeded in bringing the Muslim league together in conference at Simla.

The size of the non Muslim minorities in a Pakistan comprising the whole of six provinces enumerated above would be very considerable as the following figures show:

North western Area ----

Muslim Non Muslims

Punjab 16,217,242 12,201,577

North west frontier Provinces 2,788,797 249,270

Sind 3,208, 325 1,326,683

British Baluchistan 438, 930 62,701

22653294 13840231

62.07% 37.93 %

North Eastern Area ----

Bengal 33005434 27301 091

Assam 3442479 6762254

36447913 34063345

(Based on Census 1941)

These figures show that the setting up of a separate Sovereign state of Pakistan on the lines claimed by the Muslim League would not solve the communal minority problem; nor can we see any justification for including within a sovereign Pakistan those districts of Punjab and Assam and Bengal in which the population is predominantly non Muslim. Every argument that can be used in favour of Pakistan can equally in our view be used in favour of exclusion of Non-Muslims area in Pakistan. This point particularly affect the position of Sikhs.

Six major proposals

Common case recommended that the constitution should take the following basic form:

1) There should be a union of India, embracing both British India and the states which should deal with the following subjects: Foreign Affairs; defence and communication; and should have the powers necessary to raise the finances required for the above subjects

2) The Union should have an executive and a legislature constituted from British Indian and states representatives. Any question raising a major communal issue in the legislature should require for its decision a majority of the representatives present and voting of each of the two major communities as well as a majority of all the members present and voting.

3) All subjects other than the union subjects and all residuary powers should vest in the provinces.

4) The states will retain all subjects and the powers other than those ceded to the union.

5) Provinces should be free to form Groups with executives and legislatures, and each group could determine the provincial subjects to be taken in common

6) The constitutions of the union and of the groups contains a provision whereby any province could by a majority, vote of its legislative assembly call for a reconsideration of the terms of the constitution after an initial period of 10 years and at 10 yearly intervals thereafter.

After careful consideration conclusion was that the fairest and most practicable plan would be

a) To allot to each province a total number of seats proportional to its population, roughly in the ratio of one to a million, as the nearest substitute for representation by the adult suffrage.

b) To divide this provincial allocation of seats between the main communities in each province in proportion to their population.

c) To provide that the representative are allotted to each community in a province shall be elected by the members of that community in its legislative assembly.

Table of representation

Section A

Province General Muslim Total

Madras 45 4 49

Bombay 19 2 21

United Provinces 47 8 55

Bihar 31 5 36

Central Provinces 16 1 17

Orrisa 9 0 9

----------------------------------------------------------------------------------

Total 167 20 187

Section B

Province General Muslim Sikh Total

Punjab 8 16 4 28

N.W.F.P 0 3 0 3

Sind 1 3 0 4

----------------------------------------------------------------------------------------

Total 9 22 4 35

Section C

Province General Muslim Total

Bengal 27 33 60

Assam 7 3 10

-----------------------------------------------------------------------------------------

Total 34 36 70

Total for British India . . 292

Maximum for Indian states . . 93

-----------------------------------------------------------------------------------------

Total 385

Viceroy’s broadcast (May 17, 1946)

I wonder whether you realise that this is the greatest and most momentous experiment in government in the whole history of the world – a new constitution to control the destiny of 400,000,000 people. A grave responsibility indeed on all of us who are privileged to assist in making it.

Lastly I must emphasise the seriousness of the choice before you. It is the choice between peaceful construction or the disorder of civil strife, between ordered progress or confusion. I am sure you will not hesitate in your choice for co-operation.

May I end with some words which were quoted by one great man to the other at a crisis of the late war, and may well be applied to India at this crisis?

Thou too, sail on, O ship of the state,

Sail on, O Union, strong and great:

Humanity with all its fears

With all the hopes of future years,

Is hanging breathless on thy fate.’

Letter from the president of the Muslim league to Lord Pethick-Lawrence, dated May 8, 1946

I have now received the letter of your private Secretary, dated May 8, 1946 and the enclosed document to which you had referred in your letter of May 8, 1946.

It is proposed by you that this paper be discussed at the next meeting of the conference to be held on Thursday afternoon at 3 p.m

if this is agreeable to the Muslim league delegation.

Your proposal embodied in your letter of April 27, 1946, runs as follows:

“A union government dealing with the following subject --- Foreign Affairs, Defence and Communications. There will be two groups of the provinces, the one of the predominantly Hindu provinces and the other of the predominantly Muslim provinces, dealing with all other subjects which the provinces in the respective groups desire to be dealt with in common The provincial government will deal with all other subjects and will have all residuary sovereign rights”

Mr Jinnah speaks on the Mission’s proposal

(May 22, 1946)

I have now before me the statement of the British cabinet delegation and the viceroy dated May 15. Before I deal with it I should like to give a background of the discussion that took place at Simla from May 5 onwards till the conference were declared concluded and its breakdown announced in the official communiqué dated May 12.

We met in conference on May 5 to consider the formula of embodied in letter of the secretary of state of India dated April 27 inviting the league representatives

The formula was as follows:

A Union government dealing with the following subjects: foreign affairs, defence and communications. There will be two groups of provinces the one of the predominantly Hindu provinces and the other of the predominantly Muslim provinces dealing with the all other subjects which the provinces in the respective group desire to be dealt with in common. The provincial governments will deal with all other subjects and will have all the residuary sovereign rights.

MUSLIM LEAGUE DEMANDS

Muslim league position was that:

Firstly the zones comprising Bengal and Assam in the north-east and the Punjab, the N.W.F.P, Sind and Baluchistan in the north west of India constituted Pakistan zones and should be constituted as a sovereign, independent State and that an unequivocal undertaking be given to implement the establishment of Pakistan without delay.

Secondly, that separate constitution making bodies be set-up by the people of Pakistan and Hindustan for the purpose of framing their respective constitution.

Thirdly, that the minorities in Pakistan and Hindustan be provided with safeguards on the lines of the Lahore resolution.

Fourthly, that the acceptance of the league demand and its implementation without delay were a sine qua non for league co-operation and participation in the formation of an interim Government at the centre.

Fifthly, it gave a warning to the British Government against any attempt to impose a federal constitution on a united India basis or forcing any interim arrangement at the centre contrary to the league demand and that Muslim India would resist if any attempt to impose it were made. Besides such an attempt would be the grossest breach of faith of the declaration of his Majesty’s Government made in August 1940 with the approval of the British Parliament and subsequent pronouncement by the Secretary of State for India and other responsible British statesmen from time to time reaffirming the August declaration.

Hindu Mahasabha’s ‘resolution’

The All India committee of Hindu Mahasabha notes that the fundamental principles of the Hindu Mahasabha, namely the unity and integrity of India, has been accepted only in theory by the cabinet Mission by their proposal for the formation of one Indian union and by their rejection of Pakistan. But the committee regrets that in practise this has been whittled down and the apprehension of the communal domination of the Muslims has been unduly exaggerated, although the apprehension of the minority in the Muslim majority area has been totally ignored. The Hindus, as such have no existence in the political scheme of the mission and have been lumped together with others under the misleading category of “General”

The Mahasabha has opposed Pakistan or the partition of India into two entire sovereign states not on sectional or communal grounds but in the interest of India as a whole. The Central Government as envisaged in the cabinet Mission proposal will be too weak. To pull her full weight in the international world.

The committee reiterates its demands for the formation of a strong central Government to check and control the disruptive forces in the Indian body politic and to pool all national resources for effective planning in order to prevent the economic exploitation of the poor masses. World security is linked up with the building up and maintenance of a really free and prosperous India. That object can never be achieved with a truncated centre and a hybrid constitution based on artificial grouping of the provinces with residuary powers vested in them. Those provinces will then be in a position to put up tariff walls and to clog the progress of India in the social and economic fields. In order to make effective any large scale economic and administrative and to prevent the disintegration of India after the withdrawal of the British power of India, it is essential that the centre should be strong enough and should be clothed with constitutional authority to deal with customs tariffs currency, banking, and other subjects should have authority to intervene in cases of emergency minority oppression or inter-provincial deadlock and to co-ordinate All India resources to fight famine and pestilence.

The Mahasabha cannot accept any constitution which negatives in actual practise, the salutary principle of India’s integrity. It stands for an indissoluble union of provinces which may be re-constituted on cultural and linguistic basis.

The dominant idea lies behind the cabinet mission is to appease the Muslim league to the detriment of all other minorities.

The Mahasabha is opposed to a complicated machinery which seeks too set-up a three Decker constitution and which will place the Hindus of Punjab, Bengal, Assam, Sind and the N.W.F.Province as well as the entire Sikh community at the mercy of Pakistanis and which will not provide any acceptable solution of the communal problem. The injustice done to the Hindus and Sikhs in Punjab, Bengal and Assam is further intensified by reason of the fact that these are vast areas in these provinces which are predominantly non Muslim.

The committee demands that the artificial systems of grouping and the sub federation should be withdrawn. The constitution should be framed on the recognition of the principle of the sovereignty of the people. There should be one constituent assembly which will frame the constitution of the provinces. We are opposed to introduction of the principle of regionalism based on communalism and to the grant of residuary powers to the provinces. The Mahasabha is also opposed to the pernicious principle of the parity in any shape or form.

The committee notes that one of the principles for which the hindu Mahasabha stood, viz. representation on the basis of population strength has been recognised by the cabinet mission in the constitution of the constituent assembly which is based on principle of one representative for one million people. But this very principle has been vitiated in allowing the European members of Bengal and Assam Legislative assemblies to vote for or stand as candidates for the constituent Assembly. Thus of Hindu members of these assemblies will be deprived of their own choice in proportion to their population.

The committee demands that the sovereign status of the constitution assembly should be recognised so that Indians may frame a constitution for themselves. The minority must not be allowed to veto the progress of the majority or to retard the building up of a healthy, self sufficient and prosperous India.

The Committee records its emphatic opinion that the scheme is inspired by the pro Muslim league tendencies of the British government, strengthened by the policy of appeasement pursued by the congress. The scheme is unacceptable to the Mahasabha unless it is modified in respect of the fundamental defects enumerated in this resolution.

The committee calls upon the Hindu status to realise the danger inherent in these proposals and urges upon them to mobilise the public opinion effectively so that these proposals are not implemented, unless suitably modified in order to meet the aspiration of a free and united Hindustan.

The committee cannot accept the basis on which the interim government has been constituted by the viceroy. The principle of parity between caste Hindus and Muslims which formed part of the Wavell plan in June 1945 has been received and thrust upon the country. This was condemned by the Mahasabha as antidemocratic and anti Hindu. Besides it runs counter to the principle of representation on population strength applied by the cabinet mission itself to the composition of the constituent assembly.

Resolution of the congress working committee

(April 2, 1942)

The working committee have given their full and earnest consideration to the proposals made by the British War cabinet in regard to India and the elucidation thereof by Sir Stafford Cripps. These proposals, which have been made at very last hour because of compulsion of events, have to be considered not only in relation to India’s demand for independence, but more especially in the present grave war crisis with a view to meeting effectively the perils and dangers that confronts India and envelops the world.

The congress has repeatedly stated, ever since the commencement of the war in September 1939, that the people of India would line themselves up with the progressive forces of the world and assume full responsibility to face the new problems and the shoulder the new burdens that had arisen, and it asked for necessary conditions to enable them to do so to be created. An essential condition was the freedom of India, for only the realisation of the present freedom could light the flame which would illumine millions of hearts and move them to action. At the last meeting of the all India congress committee, after the commencement of the war in the pacific, it was stated that “only a free and independent India can be in a position to under take defence of the country on a national basis and be of help in the furtherance of the larger causes that are emerging from the storm of war”

The British War cabinet’s new proposals relate principally to the future upon the cessation of the hostilities. The committee, while recognising that self determination for the people of India is accepted in the principle in that uncertain future, regret that this is fettered and circumscribed and certain provisions have been introduced which gravely imperil the development of a free and united nation and the establishment of a democratic state. Even the constitution body is so constituted that the people’s right to self determination is viated by the introduction of non-representative elements. The people of India have a whole clearly demanded full independence and the congress has repeatedly declared that no other status except that of independence for the whole of India could be agreed to or could meet the essential requirement of the present situation. The committee recognise that future independence may be implicit in the proposals, but the accompanying provisions and restrictions are such that real freedom may well become an illusion. The complete ignoring of the ninety millions of the Indian states and their treatment as commodities at the disposal of their rulers is a negation of both democracy and self determination. While the representation of an India state in the constitution - making body is fixed on a population basis, the people of the state have no voice in choosing those representative, nor are they to be consulted at any stage, while decisions vitally affecting them are being taken. Such states may in many ways become barriers to the growth of Indian freedom, enclaves where foreign authority still prevails and where the possibility of maintaining foreign armed forces has been stated to be a likely contingency, and a perpetual menace to the freedom of people of the states as well as of the rest of India. The acceptance beforehand of the novel principle of non accession for a Province is also a severe blow to the conception of Indian unity and an apple of discord likely to generate growing trouble in the Provinces, and which may well lead to further difficulties in the way of Indian states merging themselves in Indian Union. The congress has been wedded to Indian freedom and unity and any break in that unity especially in the modern world when people’s minds inevitably think in terms of ever larger federation, would be injurious to all concerned and exceedingly painful to contemplate. Nevertheless the committee cannot think in terms of compelling the people in any territorial unit to remain in an Indian unit against there declared and established will. While recognising this principle, the committee feel that every effort should be made to create condition which would help the different unit in developing a common and co-operative national life. The acceptance of the principle inevitably involves that no charges should be made which result in fresh problems being created and compulsion being exercised on other substantial groups within that area. Each territorial unit should have the fullest possible autonomy within the union, consistently with a strong national state. The proposal now made on the part of British war cabinet encourages and will lead to attempts at the very inception of a union and thus create friction just when the utmost co-operation and goodwill are most needed.

Any proposal concerning the future of India must demand attention and scrutiny, but in today’s grave crisis, it is the present that counts, and even proposals for the future are important in so far as they affect the present. It has been made clear that the Defence of India will in any event remain under British control.

To take away defence from the sphere of this stage is to reduce that responsibility to a farce and a nullity, and to make it perfectly clear that India is not going to be free in any way and her government is not going to function as a free independent government during the pendency of the war. The committee would repeat that an essential and fundamental prerequisite for the assumption of the responsibility by the Indian people in the present is their realisation as a fact that they are free and are in charge of maintaining and defending freedom. The committee, therefore, are unable to accept the proposals put forward on behalf of the British War cabinet.

The Working committee of the All-India Muslim League have given their most earnest and careful consideration to the announcement by Mr. Churchill, the British Prime Minister, in the House of Commons on March 11, 1942 and the draft declaration of the War cabinet of his majesty Government regarding the future of India and also the interim proposals, during the critical period which now faces India, for the immediate participation of the leader of the principle sections of the Indian people in the councils of their country.

The committee appreciated the proposal of his majesty’s Government regarding the draft declaration of August 8 1940, which had promised to the Musalmans for the framing of the constitution to be enforced without the approval and consent of Muslim India.

The possibility of creation of Pakistan was recognised by implication of two or more independent establishment of unions in India which was not open to any alternative proposal and therefore was not open to any modification such proposal was unacceptable to them for reasons given below:

1) The Musalmans after 25 years of genuine efforts for the reconciliation of the two major communities and the bitter experience of the failure of such efforts, are convinced that it is neither just nor possible, in the interest of peace and happiness of the two peoples, to compel them to constitute one Indian union, composed of two principal nations - Hindus and Muslims - which appears to be the main objects of His Majesty’s Government, as adumbrated in the preamble of the Draft Declaration, the creation of more than one union being relegated only to the realm of remote possibility and is purely illusory

2) The primary object in the Draft Declaration has been proposed by a constitution making body with creating one Indian union. The Muslim league decided finally that it will be unfair to Musalmans to compel them to enter with such a constitution making body whose main object is the creation of a new Indian Union which according to them may exacerbate bitterness and animosity among the various elements in the country.

3) The right of non-accession to the union, as contemplated in the Draft-Declaration has been conceded; presumably, in response to the insistent demands by the Musalmans for the partition of India. The Musalmans were not satisfied on a vital question affecting there future destiny and demand which according to them was a process of evading the real issues to court disaster.

The secretary of Sir Stafford Cripps on April 2 addressed to the president of al India Muslim League: “A province should reach the decision whether or not to stand out of the union by a vote in the legislative assembly on a resolution to stand in. If the majority for accession to the union is less than 60%, the majority will have the right to demand a plebiscite of the adult population”.

4) With regard to Indian states, it is considered opinion of the committee that it is a matter for them to decide whether to join or not to join or form a union

5) With regard to the negotiations made between crown and the Indian union or unions, since it was not indicated as to what would happen in case of disagreement on the terms between the contradicting parties, there is a difference of opinion in negotiating a revision of treaty arrangements

6) The committee was unable to express their opinion with regard to their interim arrangement as there is no definite proposal except the bare statement of His Majesty Government and secondly is on account of the reason that Sir Stafford Cripps has made it clear that his scheme would either be accepted as a whole or is rejected as a whole but it is not possible to retain only the part relating to immediate arrangement at the centre and discard the rest of the Draft scheme.

In conclusion the committee wish to point out that unless the principle of Pakistan scheme, as embodied in the Lahore resolution dated March 1940, the same is now the creed of the Muslim League, namely,

“The establishment of completely independent states formed by demarcating geographically contiguous unit into regions which shall be so constituted which such territorial adjustments on numerically in north western and eastern zones of India in which Musalmans are in the majority shall be the homeland of Muslim as constituent unit, autonomous and sovereign”:

“That adequate effective and mandatory safeguards shall be specifically provided in the constitution for minorities in the above mention units for the protection of their religious, cultural, economic, political, administrative and other rights and interests in consultation with them”.:

“That in other part of India where the Musalmans are in minority, similar adequate, effective and mandatory safeguard shall be provided in the constitution”.

This was unequivocally accepted and conceded the true verdict of Muslim India for enforcement of the right to self determination by the Musalmans and no other proposal or scheme was acceptable to the Muslim league regarding the future.

Let us recollect the course of the events that led to partition of India on 15^th August, 1947.

i) On 20^th February 1947, Lord Attlee the then Prime Minister made the Historic announcement of the end of British Rule in India by stating:

His Majesty’s Govt. wish to make it clear that it is their definite intention to take necessary steps to effect the transference of the power to responsible Indian hands by a date not later than June 1948.

The above declaration was absolute and unconditional in as much as the transfer of power would not depend upon any agreement between the Indian Parties and it had set at rest al the doubts about the intention of the British Government in regard to the transfer of power by declaring a definite date i.e.June 1958, when India would be free from the British control.

ii) On 24^th March 1947 Lord Mountbatten has assumed charges as New viceroy of India with the task entrusted to him of transferring to Indian hands, the responsibility for the government of British India.

iii) On 3^rd June 1947 Lord Attlee announced the plan containing the actual proposals for partition of India in the House of commons.

iv) Indian national congress working committee met on 3^rd June 1947 and approved the new plan. Mr Jinnah had also accepted the new plan on 3^rd June 1947 representing the all India Muslim league.

v) On 4^th June 1947 Lord Mountbatten had announced in a press conference that the transfer of power would be affected not on June 1948 as was declared by lord Attlee in the statement of 20^th February 1947 but much earlier than that date in 1947 itself probably about 15^th August 1947.

vi) The Congress committee again met on 12^th June 1947 and prepared a draft resolution for the approval of All-India Congress Committee which met at New Delhi on 14^th & 15^th June 1947 to accepted the proposals embodied in 3^rd June Plan.

vii) On 4^th July, 1947 Indian Independence bill was Introduced in the house of commons. It was passed on 15^th July 1947 It received Royal assent on 18^th July, 1947 Beside other provisions contained in it main provision of the Indian Independence Act was that there shall be set-up two Independent states India and Pakistan on 15^th August 1947.

viii) On 14^th August 1947 Governor general of India promulgated India (Provisional constitution ) Order 1947 modifying an adapting Government of India Act 1935 to suit the new circumstances.

ix) India that is Bharat became independent on 15^th August, 1947.

From the chronology of events stated above, it is evident that as per that famous unconditional announcement of February 1947 made by lord Attlee, it was the date June, 1948, and not the 15^th August, 1947 which was originally fixed for transfer of power. All things were settled by 3^rd June 1947, British Government, congress and the Muslim league has accepted the partition plan by that date. In the face of all things settled, where was the urgency and the need to advance and expedite the original l time schedule for transfer of power from June 1948 to a much earlier date of 15^th August 1947. it is unfortunate that in that high pitch of communal frenzy And bitterness, the fate of the Hindu and the Sikh minorities then living in Pakistan and the fate of the Muslim minorities then living in India who were the real victims, was unfortunately forgotten. Lakhs of poor and illiterate, Hindus, Sikhs and Muslim minorities

living in their respective homes in far off villages became overnight, some what aliens and were mercilessly subjected to communal madness. If the original time schedule of June 1948 was adhered to by the leaders, the British rulers would have been compelled before the bar of World Public opinion to maintain Law and Order in the whole of India till June of 1948, and no prejudice would have been caused to either party, since all things were finally settled by 3^rd June 1947. The Hindu and Sikh minorities in Pakistan and the Muslim minorities in India would have got some advance intimation and would have got some time to adjust their own circumstances and sentiments and there would not have any such large scale panic stricken immediate migration overnight barbarism on either side. When partition of India was found inevitable and unavoidable and was accepted by one all, least that could have been done as small as mercy to all religious minorities residing both in Pakistan and in India, was to allow some berating time to them by adhering to original time schedule of June, 1948 or some other convenient date instead of rushing every thing with undue speed by 15^th August, 1947. They could have jointly requested the British Government to fix some other date instead of putting 15^th August 1947 in the Indian Independence bill for the sake of adjustment and migration.

The configuration of 2^nd world war threatened the very foundation of British government. The bill amending the constitution Act of 1935 in order to provide Special powers of co-ordinating the activities of central and provincial government to strike at the very root of provincial autonomy. And to render it in a force in case of war which in affect could create a war dictatorship of central government was promulgated.

The congress was prepared to co-operate in unequivocal term but the Muslim league imposed two nominating conditions in order to provide co-operation

1. Muslims must be given justice and fair play in congress provinces and

2. No future constitution be made for India without approval of the Muslim League. British government was not prepared to commit itself in advance on the post war constitutional status of India as a result of which Congress government tendered their resignation to the governors by the end of October 1939. Muslim league adopted a policy of wait and watch. During next two years, congress drifted any from possibility of settling the political deadlock while Muslim league consolidated its position through Jinnah’s adroit - manoeuvring and bargaining with viceroy. During this period the Muslim league passed its Pakistan resolution at Lahore in 1940 demanding the setting of separate sovereign Muslim state, comprising the Muslim pre-abominated provinces of India on 8^th August, 1940 the British Government made an offer as the August 5 offer with their intention for exposure of governor general council to include certain number of representation of political parties and to set up a consultative committee. Congress rejected the August offer. And the rift between the government and congress become wider. Congress leader started civil disobedience.

The Cripps Mission 1942 arrived at 22^nd March, 1942 promised dominion status after the war hearing are third of its member as appoints of the princess. The province or the native states which did not like the future constitution may refuse to accede and meant for balkanisation of India. This was rejected unanimously. The Calinet Mission 1946 studied the situation and recommend a part from other that the constituent assembly was to be elected from the provincial assemblies which were to be split up into Hindu and Muslims in the election the representative of their major two communities were to be sent on the basis of population of each community in the province. The Muslim boycotted the constituent assembly. Lastly came Indian Independence act 1947 with the ugly provisions for decision of British India into two independent dominions of India and Pakistan receiving the prospect of people living in both the dominions through betrayal and thereby achieving their activities to divide the material resources and potential of our nation by “Divide and Rule “policy even after the independence to our great nation, where the people of both community can very well live under their collective representation through mutual love and brotherhood in competitive spirit to strengthen the integrity and development of unified Indian citizens, who were living amicably even before the partition of India.

The extra ordinary emotional circumstances had overtaken the feeling of national integration compared to main stream of rich cultural heritage and civilisation of India in quick succession after the period of British rule from 1757 and crucial period has started after declaration of Pakistan resolution at Lahore in 1940 and our independence rushed through a very desperate speed paying a very high price as our national leaders were caught up in the whirlwind of violent and emotional events of religious dominion in Indian Muslims. The cumulative effect over Indian policy was now confronted with certain deep-rooted maladies providing great impediments in the way of our national development and even threatening the very security and integrity of our nation. People do not live to face the truth and thus avoid expressing bitter truth. So it is sugar-coated words but still the same can’t ignore the impact of bittes historical truth by evasive attitude and therefore the maladies get deep-rooted by passage of time. It may compel to tolerate even for the save of some temporary gain but to compromise with the evil for a long time may not solve the problem rather make them more complicated and to avoid unassented severe consequences for claiming infallibility a delicate balance be maintained for national importance. The supreme sacrifice by partition of our great nation was offered by the national leader as the price of the freedom due to there imprudence, sentimental, impulsive divisive segmentation. The policy of “divide and rule” to the other alien countries was itself evident over the weak characters citizens living in India who were proved of being ruled through foreign ambitions, has again be submerged into the Indian continent even after getting the independence we have become slave of our periodical outburst which generated the feeling of hatred resulting into the confrontation between the two subcontinents and ultimately witnessed three successive battles resulting into casualties from both the side and loss of the vital resources while the internal proxy by provoking the sentiments of the people living in both the subcontinent is still going on which is detrimental for the citizens of both the nations. The house having very vital expansion and unprecedented traditions with natural resources and most suitable climate having plenty of water for irrigation has been divided into two parts and the brothers /step-brothers is not being allowed to visit in the other part of the partition of the same house due to po0litical aspirations of our national leaders to control the affairs in the powers. This smacks some prejudice and lack of pragmatism political ambitions may be a means to an end but they do not cater the changing requirement of the people living in both the sub-continents of India and Pakistan. The poor peasant societies have been kept sent an subdued personally and politically in the matters of sharp contrast Germany despite the diversification in their policy between wets and east live, the north pole and the south pole on ideological fronts have now been unified in a single identity. Then people of Indian continent living in subcontinent of India and Pakistan may also be unified by getting a control over their impulsive, religious, fanatism for which Indian congress and Muslim league have to be blamed in the historical background but after the dawn of about 50 years of independence we have not started realising the folly committed by in accepting the partition. The people seeking _expression_, seeking the participation, seeking some measure of control over the vital resources situated and saturated in a particular zone of the partitioned house may not have prejudiced with each others but find out the possibility of assessment through peaceful bicordial negotiation and by generation a spirit of unification through interaction and divergent mutual antagonistic and exclusive system of utility aspect of unification. The multiple diversities and the operation of internal power politics with treacherous diplomacy of both the countries has further aggravated the situation at the helm of the affairs and complicated problems both to lay down the foundation for survival and successful functioning of two subcontinents.

Rampant corruption is ascending in an alarming proportion towards the peak of the climax and so far its galloping race could not be halting even through thousand of acts and ordinance have beer assassinated. This picture og disharmony in the epic of progress never imperilled the fundamental of duty and obedience which is the basis of social discipline A disaster chaos confusion and penetration of hatred between reaction of citizen murdering the fellow bring in brutal manner destroying their property and even looting them just for satisfying their carnal desire have emerged into society.

Illiteracy reigns with a complete absence of enlightened opinion which develops persistent to subordinate National interest to personal interest. Political parties motivated with vested interest dance to usurp power through any means fair or foul even at the cost of national interest. Party system has pushed to advance its own schemes upon the ruin of the rest. These are same, who are wedded to rest out corruption from public life, of course, their view looks very sound in the interest of the country but its implementation is not easy in the light that mostly these who are entrusted with such pious job to eliminate corruption, are themselves corrupt. We are now slaves of destructive elements and foreign ambitions. The human being is said to be in a state of psychological retardation’s with the result that they act in nefarious activity with impurity. Actually fear of loss of power makes the individual corrupt, not the power as such.

The robbers have generally plundered the rich, but the Government got generally use to plunder the poor person and protect those rich person who assist them in nefarious and criminal activities. However the robbers have risked their life while going such crime while Government risks nothing and base their activities on deception. The present set up had opened a channel of evils which has certainly increased the steam of mal-administration. The main reason for this cancer, which is spreading like a wild fire is due to steep depression in standard of morality and lack of efficiency and corruption amounting to arbitrariness in its public services which an not be tackled through normal methods of accountability and central. National character is the basis nexus of any set up and in absence of it, the system is simply an anarchy. Such system without education is hypocrisy and nefarious king of government because it pre-suppose for personal responsibility that too often is neglected and as such it becomes more authoritative.

Slogans do not solve the problems rather complicate them very deep. We have adopted an idea of welfare state but after several items of experience we bound it extremely difficult to achieve its successful working in our country. The attitude of general public, where criticism mainly consists of denouncing the receptive norms would be recorded to it, obviously become doubtful and it provides an excuse for tyranny and mal-administration which has degenerated the national character. Through and proper assessment of legal, political and social condition is essential. The proper approach should be such as to neither demoralise the administration nor leave the citizen without adequate redressal. It is a delicate balancing. The greater the power given to executive, the greater the need to safeguard the citizen from their arbitrary and unfair exercise. Moral damage is more terrible, in aggressive Government is more to be roared than a tiger.Reason obeys itself while ignorance submitted whatever is dictated to it. Freedom does not mean abuse or liberty for licence. Emancipation’s from individual fear is the real condition of knowledge. It is hard to fight for ones desire whatever it wishes to get, it is purchased at the cost of soul. Freedom requires obedience, endeavour, honesty, truthfulness, sacrifice, discipline and character. The heart has its reasons in every individual which reasons do not understand. Therefore a National character is essential.Experimentation is needed for implementation of schemes to propose the system of administration of justice and law which may suit to our system. Society is becoming more complicated to serve the purpose properly because legal justice has a system which is complex and complicated. The law to a certain extend brings with it evils of its own. The principle of natural justice for enforcement in the process of advancement of administration of law and justice is only useful if it is embodied with positive morality. Similarly the state, through the media of legislature and courts of law, has failed to achieve the objective to enforce implementation of justice.

Civil litigation through the court of law compel in criminal proceedings, the accused is punished for his being failed to perform such obligation towards society and duty in respect of individual. There are also the instances where public wrongs are remedied through civil proceedings and likewise private wrongs are punished in criminal court. Some acts may be both civil wrong as well as a crime e.g. a thief may be punished for the offence of theft and an the some time may be forced to restore the stolen property to be real owner. There are certain cases where the enforcement of violated rights are impossible. The proper punishment for such offence is to deprive the accuse involved in such offences from their the victim or to the dependent of such deceased as the case may be. Every private wrong and refusal to discharge such obligations towards society must be dealt with criminal proceeding. Preventive measurements may be implemented even with a slight provedation of certain rights.

Punishment is before all things deterrent and therefore the commission of such offence should be made equivalent to “A Bad Bargain for the Offender”. Punishment should not meant to prevent criminal but to make such punishment an example to the peoples having criminal tendencies as they may not dare to go for it. Deterring the people from breaking the law may protect the society.

“Penalty keeps the people under control, penalty protects them, penalty remains awaken when people are asleep. People are in check by punishment, for it is difficult to find a man who by nature sticks to the path of virtue”.

It is true that simultaneously however preventive punishment has some time have undesirable affect. It may harden the first offender or the innocent criminals who may have committed a crime under certain circumstances which might have never occur again in future and by putting them such criminals in association of hardened criminals, may not procure the desirable results. Therefore in awarding punishment the character and age of offender his breeding, education, environment and circumstances should have been taken into consideration under which crime was committed. The reformative system of punishment must not allowed to assume undue prominence. The emphasis should now be put on the circumstance which might have been responsible for commission of crime, wisdom and the call of humanity no doubt alike suggest that it, consistently with such primary objective the reformation of criminal can be brought about, no means should be emitted by which such desirable objective can be achieved. Therefore even the subsidiary purpose of penal discipline may be kept in the subordination to its primary and principal objective. In certain circumstances the person with whom wrong crime is committed may be allowed to take his revenge or to get adequate compensation from wrong door. The punishment must be inflicted for the role objective keeping in mind that the offender has committed a crime to some individual. Punishment should be imposed in order to avoid the danger of private vengeance. Let the debt be paid and wrong be expiated. We must not divorce the action of offender from his personality. It is better to prevent crimes, then to punish them because crime is a product of social excess. Frivolous litigation should be ironically dealt with by awarding the monetary benefit through exemplary penalty so that valuable time be compensated in term of money.

We are still like cavemen, with our backs turn has had such diversity in unity where the politician has imposed mindless socialism on the nation, which held in all the peoples on devour and enterprise, which has resulted in the transfer of wealth from the honest rich to the dishonest opportunist, the present licence quota Rajya has laid down money empire for bureaucracy. Indians are fifteen percent (15%) of world population and having 1.5% of world’s income. We are 54% of all illiterate of the world who are living in this country. Where 50 million Indians are seeking employment. In 1950 Indians ranks 16^th in the list of exporting counties of the world. Now it ranks 43^rd. In 1950, India had 2.2% of export of world market today its share stand to 45%. Population of Hong-Kong is 0.7% and its land area is 0.03% of India and yet it has almost three times the trade of India. India has less than half of are percent of worlds tourist traffic.

It is significant to mention here that north has only a quarter of world’s population and it has 70% of wealth and 80% of trade. It has 90% of Industry, 99% of finest and most advanced countries of learning and technology. The total weight of their milk which is surplus is a million ten while the butter is 1.5 million tens. There is 20 million tons of surplus feed. It is interesting that our corruption prevents the benefit of aid from trackling down the poor, Aid goes into the private pockets and as such has stopped all such assistance, which they virtually find as surplus in their countries. A different set of considerations arise when politician ask another country to do finance the corruption in their own State.

Mankind has a habit of serving the worst catastrophes created by its own error or by violent turn of nature. There is any meaning of life in its existence without self organising chance if man is intended to survive. A half conscious leader must come out of his present chaotic life for ideal human unity and un-accomplished gospel and its preservation will only provide a chance for our success. There is no doubt that a race weary of its own bloodshed and divisiveness will ultimately give its way to a system, which offers the only chance for survival of the species.

Conquest of India says nothing of any natural superiority on the part of British’s and Mughal conquerors, but it is due to lack of character and discipline of Indians, who are subjected by exploiting the divisions and language from its invaders. Spain could not be able to conquer Dutch province with their petty population and the same is with Switzerland and Greeks in old time. Israel and Vietnam are the recent example. India on the other hand was conquered by an Army consisting of its own citizens and the remaining 1/5 part on the average of the invaders. Thus India can hardly be said to had been conquered at all by invaders. She was rather conquered herself. The truth is that there is no India in political and scarcely in any other sense. It is a geographical _expression_ invaders subjugated and abrogated the resources of the country by its own weakness and succeeded in their policy of “Divide and Rule”. Which our politicians have borrowed in succession. Alexander invaded the country and defeated kind porus with the help of the Indian Rules. Since the time of rise of Mahmood Ghaznavi a steady storm of invasion has paved in India, because the tie of nationality was broken and patriotism has situation to their benefit by appeasement policy for traitors and alien to nation. The sacrifice and benevolent achievements by the patriots are subjected to humiliation with politicians, which ever the invaders were not doing with such impunity as they were having their character. Churchill has rightly expressed on eve of independence of our country, that we are committing a folly by giving the power in those hands, who do not know how to live, History will not forget us after the down of 45 years of independence in India as everything will be taxed except air and water, but unfortunately how ever the water and open air is taxed, which Churchill was counting in abundance in India.

The diplomacy of British rulers is responsible for partition of India in 1947. They want to see the India continent divided into several political unit in order to Balinese the country. The wanted to keep the great nation internally weak and divided as part of their glival strategy and international power game.

On 28^th February, 1947 the Prime Minister of England made the following announcement:

“His Majesty Government, wish to make it clear that it is their definite intention to take necessary steps to effect the transference of power to responsible India hands by a date not later than June, 1948”.

On 3^rd June, 1947 the actual plan proposal for the British’s prepared partition of India. Since under Government of India Act 1935 the British’s have provided separate electorate and communal representation to the Muslims, they took the under advantage in the High pitch of communal frenzy.

Elections to the central legislative Assembly was held first. The Results of Election to the Central Legislative Assembly were known towards the end of December 1945. The Congress won overwhelming success in the general constituencies while Muslim League won all Muslim Seats. The nationalist Muslims mostly forfeited their deposits in many constituencies. Congress secured 91.3% of the votes cast in Non-Mohammed an constituencies and the Muslim league get 86.6% of the total votes cast in Mohammadan constituencies.

The final figures were: Congress….57 Muslim League….30 Independents….5 Akali Sikhs….2 & Europeans….8
Total elected seats - 102.

Elections to the provincial Legislatures followed shortly. The results in the different provinces may be summed up as follows:

SINDH the Muslim League won 27 seats and one independent member jointed it after the elections. The Congress won 21 seats but was jointed by 7 members belonging to two other groups and by one independent labour members. Although the Congress coalition commanded a majority of one over the Muslim League. The leader of the League was asked to a form a Ministry by the Governor. II, N.W.F.P.: The Congress won 30 seats (including 19 Muslim seats) while the Muslim league got only 16. Dr. Khan Sahib formed Congress Ministry. III, Punjab: Out of 175 seats, the results of the elections were as follows:

1. Muslim League - 75, Congress - 51, Akali Sikhs - 22

2. Unionsits - 20

3. Indepenents - 7

There were some changes after the election. Congress and Akhil Sikhs formed a working alliance and failed. Eventually a coalition was formed between Congress, Akhil Sikhs and unionists, under Mr. Khizar Hyat Khan who formed the Ministry.

BENGAL: Out of 250 seats, the Muslim League won only 113 seats and the Congress get 87 seats. Mr. H.S.Shuhrawardy, the leader of the Muslim League negotiated with the Congress for a coalition, but being unsuccessful, formed a League Ministry with the support of independent members.

In other provinces of Bombay, Madras, U.P., Bihar, Orissa and C.P., the Congress won an absolute majority. In Bombay Madras and Orissa provinces the Muslim League captured all the Muslim seats. In the other three provinces namely U.P. Bihar and C.P. the Muslim League captured 54, 34 and 13 seats, out of the total Muslim seats numbering 66, 44 and 14 respectively.

The ultimate out come of sudden and radical change had diversified effect and impact on religious fanatism of Muslim League represented by Pt. Nehru and Quaid Azam Jinnah bad gone wrong resulting in dis-service to the nation. They could have exposed the political game of British Government. It is unfortunate that in that high pitch of communal frenzy and vitalness the fate of Hindu and Sikh minority than living in Pakistan and the fate of Muslim minority then living in India, who were real victims, was unfortunately forgotten. It the British Rules would have completed to maintain law and order in whole of India till June, 1948, no prejudice would have caused to either party. Since all thinks were finally settled by 3^rd June, 1947. The general expectations of subsiding communal madness by accepting partition of India were believed. Immediately, on the wake of partition, an in human tale of misery and we followed. Communal hatred, madness and barbarism had its free hand both in Pakistan and in India. According to some modest estimates, some six lakhs people lost their lives and some fourteen lakh had lost their homes. American’s did Sut by dropping Atom Bomb at Hiroshima and Nagasaki in Japan, the British’s have achieved here in India through diplomacy.Later remember the distress of Mahatma Gandhi on the wake of partition:-

For it was my desire to live upto the age of one hundred and twenty five years, but now I have no such desire. The objective before me was not just to attain freedom, but also to remove all the social ills in the society which had pertered during the 200 years of the British Rule. They have practically divested us of our traditions of tolerance and harmony, and instead, fermented hatred and discord through their communal politics. I had thought that we could change the entire system and the people of this country and would live together like brothers, in love, harmony and peace, so that coming generations may be blessed with all of that, which we have been deprived of. Therefore, in addition to the freedom of my country relations between the Hindus and the Muslims, since I could not attain my objective, this freedom has become tainted. Today, when in see Hindus and Muslims separated, with more or less permanent gulf, I feel politically and spiritually defeated. I have no desire to live any longer……. when I cannot remove this mutual hatred and ill-will between Hindus and Muslims, and cannot create feelings of love, peace and harmony in the name of God and religion, you tell me whether there is any paint in my living any more. I would prefer death to this kind of life.

We could have accepted the extra t of speech given by Mr. Jinnah on 11.08.1947 initiated the policy of this Government as it is evident that like our national leaders, Mr. Jinnah had realised and openly admitted the folly of accepting partition on communal lines:-

“If you change your past and work together in a spirit, that every one of you, no matter what community he belongs to, no matter what his colour, caste or creed, is first, second, and last, a citizen of this state with equal rights, privileges and obligations, there will be no end to the progress you will make. I cannot emphasise it too much, we should begin to work in that spirit, and in course of time, all these angularities, of the majority and minority communities, the Hindu Community and the Muslim community, because even as regards Muslims, you have pathans, Punjab, Shias, Sunni’s and so on and among the Hindus you have Brahmins, vaishnavas, Khatris also Bengalis, Madrasis and so on, will vanish, you may go to your temples, to masques or any other place of worship, you may belong to any religion or caste or creed, that has nothing with the business of the State…… we are starting with the fundamental principle that we are all citizens and equal citizens of and State…..”

Social obligations necessarily has to meet out by these commitment of an individual which are required to reconcile such boundation of integration. We have divided our self into isolated do on in respect of our limitations. Such division of classes has invited an exploring situation for the class hatred with profound unbound zeal and enthusiasm. We have diversified our energies towards the sections of Communities has united individualist approach is social economic check up and political parties with shred policies have rather instigated such diversification in spirit for their virtuous objections. The situation has reached to a stage of class was between the follow citizens. We don’t understand the consequences of our action and invite a trouble by our own in complete absence of enlightened state of affairs. The policy of diplomacy to dominate on the affairs by adopting course of action in the form of divide and Rule politics is worst in respect of its outcome for complete departure of social co-ordination is this process. These should not be of any under recognition to any community because as soon it thinks to have due credit and recognition by the ruling party, it starts to take under advantage of such state of affairs. It is the recommendable to abolish the recognition of any individual by his caste and creed but the recognition should have been the individual from his achievement, potentials, credence, contributions and social and economic conditions. We should have identified the individual not belonging as to any caste and community for availing and giving such protections.

The worst amongst all is the problem in respect of National integration. Now India society is not he identity by its citizens but it has now become part with by many segmentation were every class and community is a component of such identity, We are living with the different associations having its recognition not on the basis of achievements but on the basis of individual caste and community. This has created an atmosphere of hatred between the sections of society. There should be a single religion, single caste and dominance and that should be known as Indian, only then the dream of National integration can be fulfilled. In such process of gradual evolution our party politics provides obstacles and impediments. Let us hope to come out with this maladies for the betterment national interest.

The talk is not very easy to achieve but is also not one impossible. The first and foremost in this respect can only be done by discipline in younger generations. Hard work and dedications towards creative talk could provide it. Let us began with compulsory military training to every individual who attained the age of 16 years and it should be for five years and in this duration a good stipend and good environment should be provided to every youth according to environmental liking of the individual. It should be done with strict supervision under the Army, Navy and Air Force. The employment should be given only on the basis of the recommendations which the person achieve during his entire tenure of training under such discipline. It should not be recommendatory but it should be based on the potential analysis which should have to be examined during their competitions and exam in such duration. A Board of experts should be deputed to analyse individual activities and among those who may prove them salve to be a good administrator they should be allowed to form administration. Those who have their interest in sports should be allowed to go for their training. Those who believe in profession should be sent for studies and those who have scientific mind should be sent for research work and those who went to remain in Army they should have given a rank in Army and so on then only the dream of National integration can be fulfilled.

Secondly, no particular community should be allowed to remain constantly on the identical situations but it is should be disbursed to the different regions and a good boons be allowed to be given to those who want to go to other province and in such a manner there will be mixing of different class, caste and communities through out the country. It must be make a rule that people of different province if they desire to settle in other part of the country then they will be given free residential accommodations into certain extend and better future prospects. There should not be any reservation in this respect. Government has vast land and it can be done on some places where no one is residing at present but in future there is a planning for development. The ecology and environment should also be duly protected while mixing the creed and caste of a particular description. There will be new problem like the problem of terrorists in Punjab, Kashmir and Assam. To my mind these problems are the creations of political parties and for the implementations of the task of National integration, the political person will provide the government obstacle.

The shifting of individual community members to other province may be done at the cost of Government and every method must be provided for their rehabilitation. If any individual provide undue resistance in the process of reconciliation or he has no such spirit of National integration than the solution and alternative to deal with such individual in to conscience such individual from our persuasion and insistment and it was there after does not deserve to provide any valuable assistance then he does not serves to utilise the resources of our country. He is just like a traitor and anti national and certainly he deserves for more deterrent punishment. Nothing can be more heinous crime that a crime of betraying to our great Nation. Let the contentious of some peoples or sacrificed for the betterment of the rest of the other people. National integration is born in the hearts of the citizen, inter faith, harmony and consciousness of essential unity of all religions is the first requirement of National integration. Time is flying. Therefore never we set it. When our body and mind will become weak and in firm, our efforts may lead us to vein. Every desire has tremendous force if accomplice with aspirations and grace of God. Thereafter the leader of success never seems to be crowded at top level. An urge may lead to a big surge. Bliss your purity. Fearlessness, purity of heart, steadfastness knowledge, Harmlessness, truth, peacefulness, absence of anger, vigour, forgiveness, fortitude purity and absence of hatred.

The nature of prevailing maladies and inadequacy of existing remedies also requires a fresh appraisal. A lack of sense of duty and dedication towards public service and reluctance towards confirm one’s own behaviour to the accepted norms of honesty and probity in public life is the rest cause of such disharmony. This picture of disharmony in the epic of progress never imperilled the fundamentals of duty and obedience as the basis of social discipline. If honesty is considered to be stupidity, nothing can be achieved for eradication of corruption. The entire fabric of Indian society is saturated with galloping corruption which if not checked with iron hand will definitely ruin the every structure of country’s basis foundation resulting its collapse in all sphere pf management. Until and unless corruption is checked at top level of administration, the dream of illumination of the corruption from public life shall not be fulfilled.

Therefore, it is for the Advocate to take the command as advocacy is not a craft, but a calling of the time, a profession which is dedicated for devotion to duty and constitutes the hall mark. Implementation of strong ideas for betterment of mankind requires steadfast wisdom. Such new and triumphant idea should burst every chain which tends to paralyse its efforts to push forward. Most of the people tend to see nothing or, to be more correctly stated, not incline to observe and take anything in notice because this is simplest and cheknest attitude to adopt. The ensuring success are mostly least understand at the beginning because they are usually in strong contrast of public opinion.

Calamities are touch stone of Brave mind. Adversary leads a man to reach the path of prosperity and happiness which is ultimately leading to the feeling of self contentment. Those who are dying in starvation, the greatest seems to have the dust and smoke over their inner conscience their remains always the conflict between right and wrong. Crimes speaks in it by over shadowing thoughts. Therefore it is rightly said that every action has it immediate reaction. One can get the answer towards his life when he attains the stage of self realisation passions, conflict of mind if diversified to right directions trends a man towards reformative approach of life. The majority can that the majority represent not only the ignorant people but also the cowardice mentality.. Since hundred of black head person do not equal one man of wisdom as such the parliament democracy is not capable of any political line of action which requires moral strength and fortitude. There is no responsibility on the individual leader. This creates apathetic mediocrity. These leaders placed their energy for their position and they find difficult to wait for they’re when their number comes after waiting over others. Thus they may use to stand in a long queue, painfully and anxiously waiting for their turn by counting the number of those ahead of them and planning for same scandal which may remove one of the aspirant waiting ahead of them. In this process if by chance somebody sticks too long in his office then the leader placed subsequently in the long queue consider this fact as a breach of undertaking based on sacrosanct contract and mutual solidarity. This leads over his chair for public disposal. In this process the leader placed on the top of a particular political party has a very little chance of getting another opportunity and this process continue for a long period by keeping all of the other important matter in the interest of the nation. Power does not make a man corrupt but it is the fear of loss of the power, which makes the man corrupt. Thus the leader of the party placed in the highest office heading the entire country at his disposal and some time the Chief Minister of the particular State becomes an instrument of exploitation of the resources of the country and some time the interest of country in itself is being sold to other person inimical to the interest of the Nation. The result of this is that in such a state, the succession of sudden change in public position and in public office, has a very disadvantageous effect on the situation. Therefore only the ignorant and incompetent person may fall the victim of such mediocrity parliamentary system which is a deception on the democratic set up. The people depends on their fate just to take a chance for another change in the position of the leadership. As soon as the superior quality of such leader are recognised, there will be a joint front against him and such leader will be fallen in the habit of intermingling with nincompoops on their own levels. These vitious element wait to have their own company and will take a hostile rant leader is so blind in their dis-mention that they crucify the interest of the Nation by seeing the entire Nation into turmoil and anarchy. This leads to an inevitable result that the intellectual level of ruling class sinks to the rest by falling the tree of the National Prosperity.

Mentle equipment requires moral strength and fortitude anything great can not be achieved without danger. If there can be time to expose the falsehoods and fallacies through discussion just to avert the evil in the process of gradual evaluation, the remedy is to be applied by way of more speech not by enforced silence. We have a burning soul for having a burning soul for having a breath of reincarnation to build up a ship of progress which may sail our beat. In such gradual advancement certainly we have to pay the toil of our courage and enthusiasm. We can not remain as silent spectator by visualising the remains of bashes and flowers which in gradual disintegration may diminish the image of reformation. Our potential will prove the power to resist against the evil disasters which can only survive through out will power.

It has been rightly observed that civilisation beings in order, grows with liberty and ultimately dies in chaos. As such civil liberty are always safe as long as his or her exercise do not bother anyone. No state can justify the existence of administration of justice, if it fails to perform the maintenance of right within a political community by means of physical force of the state. Our present Administration system and judicial institution are nothing to do with the steady spontaneous growth of deteriorated state of our society which is considered for vacillation of purpose and exhibited in those experiments. The conflicts of opinion and rivalry of interest influence them. There is no steady advance towards higher condition of progress. If it require by reason is power of law which is incapable to keep society in awe and as such it is not possible for an individual to live in society. Legal justice can only be represented through collective wisdom which is to be preferred to the wisdom of any individual. Legal justice has failed to serve the purpose of society because it is becoming more complicated and right as well as conservative as a result it gives more importance to form than to substance. Life is a sky look, always it demands, the entire world worship to ascending sun. A successful man is always for bidder of individual success. Ultimately we have to choose between the reason and sentiments. We have to stake our life to win the life for our self. A small movement may best serve as an instrument to serve its own way. The strong is strongest when alone. The impossible is often uniried. We should not forget to Tennessee’s charge of light brigade.

“There is not to make reply,

There is not to reason why,

There is but to do and die.

” Life is only an urge to move on this so; it is transcript.

“I slept and dreamed

Life was beauty

I woke and saw

Life was duty”

Die and you will win heaven; conquer and you enjoy sovereignty of the earth, therefore stand up determined to fight. The man dwelling on senses objects develops attachment from them, and he who lacks determination is devoid of the faith, and is at the same time possessed by doubts who is lost to the spiritual path. For the doubting soul there is neither this world nor the world beyond, nor even happiness.

Sensibility leads a man towards abnormality, but in sensibility lead a man towards crime. Certainly you are not a criminal as you can very well digested. Man generally forgets anything effecting superficially to his psychology, but once he has been attached to his ultimately he becomes the burn which is not easy to discharged in ordinary process. Then he adopts, either forgiveness to his weakness or synthesised his best to see his face in mirror, which may perchance leads to happiness.

Trafficking in doubtful claims, one of the least attractive phase of litigation in this country, which find no encouragement in such a system, while the right of the creditors are postcode with a jealously not less scrupulous than that which we find in the system with which we are more familiar. The order of lawyers are conservative by instinct and there are not a few who believe not only in the necessity but in the absolute sacredness of every technical rule, however unreasonable, and who see nothing but peril in innovations, however beneficial. The lawyers are always having perplexed with fear of change. He knoweth not the law who knoweth not the reason there of, therefore, it is not advisable to live in cloistered seclusion, detached from the world and all its pursuits. If you are ever tempted to join in the fierce hunt after the vulgar prizes of the world, remember that after all. That accretes and frets his hour upon the stage, and then is heard no more.

“There is a land in the present age,

Where the people live in graves

Liberty, freedom all unknown,

Service and be slaves.

The people are living in free past glory of their own as an outright, beggars would had sung, Well once upon a time. I was a king

When such of the attitude of the people

How can they get the freedom,

Least to talk of liberty.

Yet a certain day may come

When the people will hum

In the orchard of freedom

Taste the juice of liberty”.

(Not hearsay, not gossip, not publicity, but action.)

Risk! Risk anything! Care no more for opinion of other, for those voice. D the hardest thing on the earth for your Act for yourself, Face the truth. Inherited wealth is a big handicap to happiness. It is as certain death to ambition, as cocaine is to morality. Anybody can become angry that is easy. but to be angry with the right person and to right degree, and at the right time and for the right purpose and in the right way that is not within everybody and is not easy. Happy the man who has learned the causes of things and has put under his feet all fears and inexorable fate, and the noisy strife of the Hell of greed. It is not the brain that matter most, but that which guides them the character, the heart, generous qualities, progressive ideas.Compared with our wondrous progress in physical science and practical applications our system of government, of the administration of justice, of national education and our whole social and moral organisation remains in the state of barbarism. The wealth and knowledge and culture of few do not constitute civilisation and do not of themselves advance us toward the “ Perfect social state” Our political democracy is more authoritarian because it can push its authority under the mask of representative Government. Parliamentarian Democracy has the authority deviated through mass meeting negating property rights to the masses will of the representative to formulate law against masses governed by passion, prejudice and impulsive without bothering its consequences resulting in agitation discontent and anarchy. When liberty becomes license, dictatorship is near. National injustice is the swept road to national downfall. A kingdom founded on injustice never last. persons would disintegrate the rule of law upon which the edifice of our civilised society stands.

The cycle of change and experiment, rise and fall, growth and decay, and of progress and retrogression recurs endlessly in the history of man and the history of civilization. T. S. Eliot in the First Chorus from "The Rock" said:

. The story of mankind is punctuated by progress and retrogression. Empires have risen and crashed into the dust of history. Civilizations have flourished, reached their peak and passed away. As Emerson said in his essay on "Self-Reliance", "A foolish consistency is the hobgoblin of little minds". Man is by nature ever restless, ever discontent, ever seeking something new. ever dissatisfied with what he has. This inherent trait in the nature of man is reflected in the society in which he lives for a society is a conglomerate of men who live in it. Just as man by nature is dissatisfied, so is society. Just as man seeks something new, ever hoping that a change will bring about something better, so does society. Old values, old ideologies and old systems are thus replaced by new ideologies. a new set of values and a new system; they in their turn to be replaced by different ideologies, different values and a different system. The ideas that seem revolutionary become outmoded with the passage of time and the heresies of today become the dogmas of tomorrow. What proves to be adequate and suited to the needs of a society at a given time and in particular circumstances turns out to be wholly unsuited and inadequate in different times and under different circumstances

. The law exists to serve the needs of the society which is governed by it. If the law is to play its allotted role of serving the needs of the society, it must reflect the ideas and ideologies of that society. It must keep time with the heartbeats of the society and with the needs and aspirations of the people. As the society changes, the law cannot remain immutable. the early nineteenth century essayist and wit, Sydney Smit, said, "When I hear any man talk of an unalterable law. I am convinced that he is an unalterable fool." The law must, therefore, in a changing society march in tune with the changed ideas and ideologies. Legislatures are, however, not best fitted for the role of adapting the law to the necessities of the time, for the legislative process is too slow and the legislatures often divided by politics, slowed down by periodic elections and overburdened with myriad other legislative activities. A constitutional document is even less suited to this task, for the philosophy and the ideologies underlying it must of necessity be expressed in broad and general terms and the process of amending a Constitution is too cumbersome and consuming to meet the immediate needs. This task must. therefore. of necessity fall upon the courts because the courts can by the process of judicial interpretation adapt the law to suit the needs of the society.

where an interpretation clause defines a word to mean a particular thing, the definition is explanatory and prima facie restrictive; and whenever an interpretation clause defines a term to include something, the definition is extensive. While an explanatory and restrictive definition confines the meaning of the word defined to what is stated in the interpretation clause, so that wherever the word defined is used in the particular statute in which that interpretation clause occurs, it will bear only that meaning unless where, as is usually provided, the subject or context otherwise requires, an extensive definition expands or extends the meaning of the word defined to include within it what would otherwise not have been comprehended in it when the word defined is used in its ordinary sense. Article 12 uses the word "includes". It thus extends the meaning of the _expression_ "the State" so as to include within it also what otherwise may not have been comprehended by that _expression_ when used in its ordinary legal sense.

In my childhood, my teacher taught it to me in the classroom that “What ever you do; Do with your might; that is the way to be healthy, wealthy, and wise”. Subsequently, there after my father told me just few months before his death when I completed my 18 years of age that “Thou thy path be dark as sky; There is a star, thy path to guide, So trust in god and do the right “. By the gradual process of up and downs in my life, I could have been able to learn through my experiences that what we may be able to get through the grace of god are not the scattered love, nor the success and wealth but the knowledge. Thus I have started worshipping the almighty with the following prayer. O, gods to thee I pray increase my knowledge day by day. It is only now after attending the respectful command amongst the members of the Bar and Bench that I have started thinking that all these notions in my life are based on the correct foundations. This is my firm determination that what ever I may be able to achieve in my life that will be dependent on the out come of my efforts on these guidelines and none else. Notwithstanding, there are the fluctuations in the formation of these notions, which provides me a sense of mental agony, frustration and disappointments in life. There is the profound bleeding at my heart on the psychologically region which seldom gives me an effect of chafing of the wound before it can be healed. This is the painful reminder of the lost empire, which was built on solid foundation. It is gradually obliterating.

The plights of such advocates are remarkable in respect to their struggle, which have nobody to support them. These advocates are put to the disadvantageous position in their struggle for existence. They are not having the shelter to protect their head nor any guardian to guide them. There is no sympathy with these advocates, who have settled from outsides. Since, the adversities are the touchstone of brave mind, they keep on doing the struggle and by the passage of time, they may enjoy a respectable position at Bar. The crucial conditions are still having their predominating conditions in the legal profession. This is on account of their non-adaptability in the profession by such fundamentalist elements, which provide the top priorities to the conservative approach instead of liberal out look towards them. There is the negligent proportionate of representations in the elevation prospects as the members of the Bench. The names are recommended on the advises of the senior judges. Thus the predominating factors in the orthodox Indian society are seen on floor of choice. The unfortunate newcomer from the outside, who have the better experiences towards the problems of life, are put to the disadvantageous situation in the matter of their selection. This is the hard reality of the day after the changes in the selection procedure by the judgement of the Apex court. This is the cause of the resentment of the large members of Bar Association.

Justice is a virtue, which transcends all barriers in the way of administration of justice. This is the acknowledged position of law that no party can be forced to suffer for the inaction or omission on the part of law enforcement agencies and whosoever he may be strong. Every decision will be passed according to the procedure established by law. Thus the law has to bend before justice. No court can restore the broken heart of the justice and he should provide such protection, which is necessary for them like dutiful parents. The decision may not be repugnant to the normal concept and the basic unit of the society may not be allowed to be influenced by immorality. Thus the ultimate responsibility is by enunciating the foundation of a system on which administration of justice may get

The just and social duty is cast upon the legal profession. This is possible by the conduct and action of the people associated with legal profession by obliterating

the inequalities as uneducated and exploited mass of the people may get a helping hand. What is legally due is to serve the duty and it is not worthwhile for an Advocate to become the spokesman of the litigant irrespective of the fact whether his cause is meant for sponsoring the justice to the society at large. The conduct anticipated in this manner is befitting from his status by upholding the high and honorable profession. There are the high expectations from, and advocate, which is fair, reasonable and according to law.

There is the gradual decay of the above noted standard and the participation in the legal process, which should have been conducted completely flawlessly, and foolproof, they are picking out the lapses by expressing unsavory criticism. The consistency is now been considered as no virtue and the obligation of judicial conscience, which was meant to correct the error is manifesting like uncontrolled epidemic. This is the reason why the legal profession is not been accepted as a noble profession.

The proceedings are dependent upon the remedies available under the law. Every act of statutory body which must have been exercised by keeping the purpose and objective meant for enshrine the statutory power with the authority should have been exercised by keeping the object of such power which is meant by the statute and not with other extraneous consideration, otherwise the fraud will be perpetuated and the faith and belief shall not be subjected to any judicial scrutiny. Thus an accountability is must whenever as wrong is corrected. Some time in such matter of adjudicating without any valid cause, the court unwittingly becomes party to the miscarriage of justice. The judiciary is an ultimate interpreter of the constitution, which is assigned with a duty of the delicate task ensuring that the action of the authorities vested with the statutory power may not breach or transgress its limit.

It is distressing that an unscrupulous litigant in order to circumvent the due administration of justice of the court seldom found by adopting a dubious recourse of ingenious methods. These includes the filing of fraudulent litigation to defeat the right of the other person and such tendency deserves to be curbed out by passing the appropriate orders to provide a check upon such unhealthy practice and also by issuing necessary directions including imposition of exemplary cost. This is required for strengthening the belief of the common man in the institution of the judiciary. Creation of such faith may result in reaching the excellence in the profession.

The credibility of the judicial institution is founded upon the faith of the common man in its proper functioning. The faith would be eroded and the confidence destroyed if the officials deployed with statutory duties may start acting subjectively and not objectively. Society expects honesty and integrity and thus the official must be taught to act fairly, unbiased and impartially. The purpose of the court is to see that the society does not loose confidence and as such the court itself may not consider themselves that they are above the law. In appropriate cases even the court may find to pull down the shutters of adjudicatory jurisdiction before a party if his conduct is not subjected to be entertained against the so called grievances which is not genuine. The exercise of judicial discretion is founded on the well recognized principles established by law. The menace of frivolous litigation may not be permitted to be hidden under the rigmarole of legal technicalities. The realities of the life have to be kept in mind while appreciating the evidence. The court is not oblige to make efforts to

protect the guilty of polluting society and man kind. Thus in exercise of the constitutional power of the High court, the endeavor should have not been given for impairing the cause of justice by the court itself. The legal profession of an advocate is certainly having certain professional obligation, which are distinguishing from the business commitments. Thus if the court may not participate in the activities of providing justice at large, it is not permissible to get the injustice permitted by it by entertaining the frivolous litigation and to make them burden some to a common people.

Rectification of an order thus stems from the fundamental principles that justice is above all. It is exercised to remove the error and not for disturbing finality. Neither the rules of procedure nor technicalities of law can stand in its way. The order of the court should not be prejudicial to anyone. Rule of stare decisis is adhered for consistency but it is not as inflexible in administrative law as in public law. Even the law bends before justice. Entire concept of writ jurisdiction exercised by the higher courts is founded on equity and fairness. If the court finds that the order was passed under a mistake and it would not have exercised the jurisdiction. The erroneous assumption that in fact did not exist and its perpetration shall result in miscarriage of justice then it cannot on any principle be precluded from rectifying the error. Mistake is accepted as valid to recall an order.

The foundation of the judiciary is the trust and the confidence of the people in its ability to deliver fearless and impartial justice and as such no action can be permitted which may shake the very foundation itself. The rule of law is the foundation of a democratic society. The judiciary is the guardian of the rule of law and if the judiciary is to perform its duties and functions effectively and remain true to the spirit with which it is sacredly entrusted, the dignity and authority of the courts has to be respected and protected at all costs.

Justice is supreme and justice ought to be beneficial for the society so that the society is placed in a better-off situation. Law courts exist for the society and ought to rise up to the occasion to do the needful in the matter, and as such ought to act in a manner so as to sub serve the basic requirement of the society. It is a requirement of the society and the law must respond to its need. Judicial discretion cannot be guided by expediency. Courts are not free from statutory fetters. Justice is to be rendered in accordance with law. Judges are not entitled to exercise discretion wearing the robes of judicial discretion and pass orders based solely on their personal predilections and peculiar dispositions. Judicial discretion wherever it is required to be exercised has to be in accordance with law and set legal principles. Judicial function cannot and should not be permitted to be stonewalled by browbeating or bullying methodology, whether it is by litigants or by counsel. Judicial process must run its even course unbridled by any boycott call of the Bar, or tactics of filibuster adopted by any member thereof.

Justice means justice between both the parties. The interests of justice equally demand that the guilty should be punished and that technicalities and irregularities that do not occasion failure of justice are not allowed defeating the ends of justice. Principles of natural justice are but the means to achieve the ends of justice. They can not be perverted to achieve the very opposite end. That would be a counter-productive exercise. Law is a living organism and its utility depends on its vitality and ability to serve as sustaining pillar of society. Contours of law in an evolving society must constantly keep changing as civilization and culture advances. The customs and mores must undergo change with the march of time. Justice to the individual is one of the highest interests of the democratic State. Judiciary can not protect the interests of the common man unless it would redefine the protections of the constitution and the common law. If law is to adapt itself to the needs of the changing society, it must be

flexible and adaptable. Law is a social engineering and an instrument of social change evolved by a gradual and continuous process. History and customs, utility and the accepted standards of right conduct are the dorms which singly or is combination shall be the progress of law. Law is the manifestation of principles of justice, equity and good conscience. Rule of law should establish a uniform pattern for harmonious existence in a society where every individual would exercise his rights to his best advantage to achieve excellence, subject to protective discrimination. The best advantage of one person could be the worst disadvantage to another. Law steps ion to iron out such creases and ensures equality of protection to individuals as well as group liberties. Man’s status is a creature of substantive as well as procedural law to which legal incidents would attach. Justice, equality and fraternity are trinity for social and economic equality. Law is the foundation on which the potential of the society stands. Law is an instrument for social change as also defender for social change. The power of judicial review of the executive and legislative action must be kept within the bounds of constitutional scheme. There may not be any occasion to entertain misgivings about the role of judiciary in outstripping its limit by unwarranted judicial activism being very often talked of in these days. The democratic set-up to which the policy is so deeply committed cannot function properly unless each of the three organs appreciate the need for mutual respect and supremacy in their respective fields. When the misuse is within tolerable limits, no uproar is heard, no media publication is seen. But when the magnitude of misuse assumes a menacing proportion, outburst of various types becomes noticeable and then a scam surfaces.

A lawyer owes a duty to be fair to his client, but also to the court as well as to the opposite party in the conduct of the case. Administration of justice is a stream, which has to be kept pure and clean. It has to be kept unpolluted. Administration of justice is not something, which concerns the Bench only. It concerns the Bar as well. The Bar is the principal ground for recruiting Judges. No one should be able to raise a finger about the conduct of a lawyer. While conducting the case he functions as an officer of the court.

The legal profession is a solemn and serious occupation. It is a noble calling and all those who belong to it are its honourable members. Although the entry to the profession can be had by acquiring merely the qualification of technical competence, the honour as a professional has to be maintained by its members by their exemplary conduct both in and outside the court. The legal profession is different from other profession in that what the lawyers do, affects not only an individual, but the administration of justice which is the foundation of the civilized society. Both as a leading member of the intelligentsia of the society and as a responsible citizen, the lawyer has to conduct himself as a model for others both in his professional and in his private and public life. The society has a right to expect of him such ideal behavior”….If the profession is to survive, the judicial system has to be vitalized. No service will be too small in making the system efficient, effective and credible”.

It is fundamental that if rule of law is to have any meaning and content, the authority of the court or a statutory authority and the confidence of the public in them should not be allowed to be shaken, diluted or undermined. The courts of justice and all tribunals exercising judicial functions from the highest to the lowest are by their

constitution entrusted with functions directly connected with the administration of justice. It is that expectation and confidence of all those, who have or are likely to have business in that court or tribunal, which should be maintained so that the court/tribunal perform all their functions on a higher level of rectitude without fear or favour, affection or ill-will.

The Judges are participants in the living stream of national life, steering the law between the dangers of rigidity on the one and formlessness on the other hand in the seemless web of life. The great tides and currents which engulf the rest of the men do not turn aside in their course and pass the judges idly by law should sub serve social purpose. Judge must be a jurist endowed with the legislator’s wisdom, historian’s search for truth, prophet’s vision, capacity to respond to the needs of the present, resilience to cope with the demands of the future and to decide objectively disengaging himself/herself from every personal influence or predilections. Therefore, the judges should adopt purposive interpretation of the dynamic concepts of the constitution and the Act with its interpretative armory to articulate the felt necessities of the time. The judge must also bear in mind that social legislation is not a document for fastidious dialects but a means of ordering the life of the people. To construe law one must enter into its spirit, its setting and history. Law should be capable of expanding freedom of the people and the legal order can, weighed with utmost equal care, be made to provide the underpinning of the highly inequitable social order. The power of judicial review must, therefore, be exercised with insight into social values to supplement the changing social needs.

The Judge can not retain his earlier passive judicial role when he administers the law under the Constitution to give effect to the constitutional ideals. The extraordinary complexity of modern litigation requires him not merely to declare the rights to citizens but also to mould the relief warranted under given facts and circumstances and often command the executive and other agencies to enforce and give effect to the order, writ or direction or prohibit them to do unconstitutional acts. In this ongoing complex of adjudicatory process, the role of the judge is not merely to interpret the law but also to lay new norms of law and to mould the law to suit the changing social and economic scenario to make the ideals enshrined in the Constitution meaningful and a reality…. The society demands active judicial roles, which formerly were considered exceptional but now a routine. The Judge must act independently, if he is to perform the functions as expected of him and he must feel secure that such action of his will not lead to his own downfall”.

Constitutional Resurrection

There is one thing stronger than all the armies in the world and that is an idea whose time has come. Ideas are in truth, forces. Infinite too is the power of personality. A union of the true always make history. The voice of the intelligence is soft and weak, said Freud. It is drowned out by roar of fear. It is ignored by voice of desire. It is contradicted by voice of shame. It is hissed away by hate and extinguished by anger. Most of all is it is silenced by ignorance. “ Great things are done when men and mountains meet, this is not done just by jostling in the street” William Blake.

Our constitution with its gospel to achieve and resolve the glorified socialistic sovereign democratic republic through the processor of therapeutic justice to escalating psychosomatic maladies and explosive rights with enforceable duties to the citizen is regenerating the spiralling professional delinquencies. It promises to keep and mile to go to its citizen, before they may undertake the sleep. The Quest of mankind is to grasp the fundamental truth, the tenacity without even the least touch of faith in reality has diminished the entire surrounding and undergone a radical transformation to the point of extinction. This is the political freedom, the self independence, what the India has achieved after attaining the freedom from British domination.

The structure of the society rests on the foundation. We cannot escape the consequences of losing all access to abrader a vision It creates a narrow-mindedness in the prospects of a development. Few amongst the citizen, the masses have the ever given any serious consideration to the problem of life. Thus the problem of life still remain unsolved. Let us discuss that why are not having the solid foundations without access for the broader vision having an extinction for our existence. Freedom from bondage is liberation there is a goal of life with and devotion. Our tryst with destiny has not brought any desired changes for wiping out the tears from every eye. There cannot any political will amongst the individuals who are craving to get power. The Political will is guided by our constitution of India and we find that it is not having strong hold to keep the nation intact, the society move and the country prosper. Some radical changes are needed to maintain country’s unity and integrity. The prosperity of the citizen do not lies in the form of government, chosen by them but in the accountability and the stability in its precepts and practice. There is no representative Govt. but an equation of inducting themselves as the representative of the to form there govt. It is only the constitution which may provide a device to ensure a degree of self assessment. We want more stability and lesser responsibility upon these representatives chosen from amongst the people by the appropriate amendment in our constitution. There should be periodical assessment of the responsibility of executives. The present constitution is the reproduction of the Govt. of India Act, 1935 and the combination of ideals of western liberal democracy nurtured to achieve the goal of our constitutional aspiration. The federal system is based on decentralisation and it is a system evolved of the governance of heterogeneous, diverse and plural society in a small country to have been based on the representative Govt. and not on the basis of indirect representation through parliamentarian democratic system. It leads to instability we should take notice ofd the expectations of the people who fought the battle of independence by adopting the policy of self realisation as being professed by our father of nation. Our constitution is based on the assumption of the authority where the entrustment of power is imposed by having the restriction upon the excessive power. Let us accept that it was weakness of the character of our citizens that Indian dominion has to live under the British sovereignty and we had to fight a struggle for attaining the freedom. The need for imposing the restrictions are required to be done to keep the society intact from adjuring violence, dealing with corrupt politicians and to control over burden some disastrous consequences. Let us examine how to fight against criminalisation, black-marketing, essential service maintenance and law & order situation. There is a lake of political will in those are actively participating in service to the nation, they are being subjected to oppression and harassment. There is no place for benevolent honest citizen and those who are dishonest opportunist with a criminal background are seldom being respected by our citizens. The genesis of the character is based on the falsehood and in such circumstances until and unless accountability of the individual in public life is not fixed upon the representatives of the Govt. there is no hope for the revival of the nation.

A constitution is the basic law, the highest state craft entrusted to keep the ideals and inspired the Nation. It is the exponent of the ideals with pragmatic approach having sensitive awareness articulated in the feeling of fellow citizens. The constitution becomes supreme importance as it reciprocates with the wisdom and sanctity of the founder of the nation, the vision and foresight of its maker and to govern the people with discontentment depending upon the happiness and well being of the successive generation as being gathered by enthusiastic approach whole drafting the same. The vehicle is now come to a stand still and the horse is now riding over the cart instead of pulling the same for the advancement of nation.

The presidential form of Govt is to avoid the decentralising tendencies and to re-enforce centralising evaluation of the governance of the people in heterogeneous, diverse and plural society inhabiting through the vast land and lastly to avoid the head on collision between head of state and head of Govt. in down capacity. The tradition of party system is like a mushroom growth with no defined policy or ideology has been destructive because of its origin in the upsurge against the imperial rule and asserting the independence was not real without making people educate in running the administration. The growth of country the depends by taking care of the poverty prevailing and to ensure stability to some meaningful reform. The presidential form of Govt. offers the best solutions to the problems

created by the chaotic spectrum of the splinter parties projected on the national scene in order to bring the stability and the progress which is caused by the growth of descendants and groupies in the parliament and thereby having a great danger to the integrity of the nation. The consequential change in the constitutional change in the constitution of India is appropriate on account of electoral defection mid term polls and coalitions bargaining and to arrest the disproportionate growth of infra-structure to provide a stable Govt. equipped to absorb the shocks of the progress policies. The political climate of authoritarian emanating has provided a sustain jeopardise to our basic constitutional ideals in pursuit of gaining power by making the social justice, harmonious co-ordination and national integration to an utopian umpire.

The realisation of the God by introspection is by learning truth, justice and benevolence by having the characteristics of patience, forgiveness, self denial, honesty, purity mastery over the sensibleness, knowledge, veracity and the cheerfulness. To surrender thyself to the self in the process of disintegration is to provide unity factor against Gherao’ s, the tactics providing nuisance or dedication to the cause of nation. There must be the power of will for expansion and the fear has to be vanished by getting will to do is self imposed rigor of duty. It is the outcome of parliamentarian democracy that poverty is acting like the disease of the skin of the nation while the disintegration and hatred amongst the fellow citizen is like the cancer of the liver. We should ride a horse bridled, but not lose as to trample upon us. The starving realities leads to the economic slavery and the insurmountable foreign debts are the signs of future slavery of our country.

The non-violent persuasive method of enforcing the will of the people have adversely affected social and economic administration in the country. India has reached to a stage of political stability. The employment avence are being reduced causing an adverse effect on the social order. The political aspect of the situation vulnerable to the aspirants, opportunists in India is disintegrating tendency, which is a gradual the process of further aim to provide political ideological immortality amongst the political leaders and it has become a more struggle for the power, then adherence to duty to serve the people, the political disintegrating tendency cannot be checked by the parliamentarian democratic set-up which may ultimately lead to social instability and the people may start seeking salvation of such psychological maladjustment against the social concept of the society. Thus there is need for amendment of our constitution as the road to inflation, increasing prices lowering in the value of money entering the common standard of living of man. Economical dissatisfaction being susceptible may be reduced to the margin and the anti national activities may be curbed down and the people may not resort to dishonesty corruption, deception by hitting at the route of social structure. the economical slavery is meant to surrenders freedom to foreign power.

India’s foreign debt is directly proportionate to the value of rupees in comparison to foreign currency. The devaluation in the value of the rupee has made loan liability by constant increase in the foreign exchange liability and to estimate the Indian foreign debt which was more than four thousand crores in 1966 has been multiplied due to the devaluation of the value of rupee by making an increase to 48.43 crores within a decade and now the fear of foreign power domination is paramount which may ultimately lead to social slavery. People of India desirous of revival society require a suitable system for the creation of such a spirit, which may be devised for practical implementation of our country. The moment the socio and economic problems are solved we will able to stand on our own feet for making the nation stronger. The role of sovereign people is distinguishable from the sovereignty from the parliament. In the recent years the will of the people is represented by the right of representatives associated in the majority which is giving place to the more plebiscite system, thus the political party even with a clear majority require s the direct endorsement of the people which is not possible in the representative Govt. This aspect has its importance by looking into the relevant extract from the constitution of USA,FRANCE,IRELAND,SWITZERLAND, ARGENTINA, BRAZIL, COSTARICA, MEXICO, URAGUAY AND VENEZULA having the presidential form of Govt. We have Srilanka, Philippines, Indonesia, and the latest South Africa where this system prevails. Law and life are integral, therefore the sensitive legal control through constitutional process is pragmatic of the power for the responsible Govt. under democracy. The constitutional law is symbolic for commanding compliance be patiently corrective to gain credibility and confidence. Thus the constitution is not an omnipotent sacrosanct instrument, but it is political legal document fundamental in character and value based regulatory measurement to strike between the need of people and the power process. Thus the constitution is not an omnipotent instrument, but it is political legal document fundamental in character and value based regulatory measurement to strike between the need of people and the power process.

Thus the vigilant intellectuals with the constructive attitude and analytical criticism may persuade the people for the corrective and practical angles to be emerged for a better perception by the periodical constitution review and reforms. This is a dynamic approach for constructive politics. The hypocrisy of the constitutional immutability by having the crutches of Anglo-Saxon Jurisprudence as an instrument of status Quo through resisting radical innovation in the use of constitutional power set up in the light of socio-economic policy to the aspirations of the liberated people of our nation. The basic structure of our constitution as ‘Rule of law ‘ separation of power independence of judiciary, uncertainty in law with the power of judicial review are the basic and essential feature of constitution. The Indian judiciary is the guardian and protector of the rights and the liberty of people of India since the constitution is regarded to be the supreme of all the institutions whether legislative, executive, and judiciary has to function under it in strict compliance of its provisions and as such the needs form its review as to achieve a just social order is required to play a decisive role in the quest for social justice. There is the need of expansion of the doctrine of locus standi and involvement of the experts and voluntary organisations in judicial fact finding process, accountability of the people in power and democratisation of the remedies available to them. We have to take the recourse the new strategies new tools and new remedies to serve the goal of delivering the social justice which may penetrate to the cause of poverty and exploitation and demolish them by reorganising social, economic and political relations. The democratisation of judicial remedy as professed by Justice Bhagwati requires the enforcement of fundamental rights in relation to the benevolent citizens as to enforce the new remedies for their effective enforcement and for that purpose we have to renounce these rights by dominant esteem of judicial creativity, through enforceable fundamental duty to maintain basic harmony of the constitution. Millions of the people of India belonging to deprived and vulnerable sections of the humanity are looking it the constitution for improving their life conditions as to make basic human rights more meaningful and enforceable unfortunately the preamble of our constitution being the signature time for providing social and economic justice has not yet been drafted as to provide the corrective process of executive errors removing the quality and characteristics of political authority and to provide a curve over excessively political governance which tends to destroy the delicate balance by the separation of power between its three basic institutions. We find that 1% of wealthy people are having the control over 20%of urban wealth and 4%of top, 41%of the urban wealth as the sheer magnitude of the problem by demarcation between the dishonest opportunist and the benevolent innocent and until the suitable restrictions are not being enforced. There can not be the democratisation of judicial remedies.

The concept of crime in its socio-legal essence is in the contradictions of social development. Thus the social prevention of the offences is required to aim in a society free from exploitation of man by another man. This is required for economical potential which will lead from each according to his need ‘by strengthening law and order. We may ensure consolidating civil discipline as the decisive factor of unsuccessful construction. Criminal as being self contained are not isolated form the society and creates problems of social consciousness and as such change the basic concept of directional proposition on its mobile nature to the phenomenon of reality in respect of the enforceable duties castled upon them. The approach is an essential condition for revealing an identification of the activities relating to the essence of crime. Crime is a social phenomenon dealing with the global problem but its identification with the individual connected with the criminal activities depend upon the different approach relating to the disciplinary measurements and the degree of independence from the society.

Any act is forbidden by law is an offence, it is an unlawful act, a breach of law, the classification has further laid down the responsibility of such wrong doer as a criminal offence, civil administrative financial and other economical offence. In assessment of its ingredients with infringement, the form of anti social behaviour in accordance with its degree of guilt has to be taken into consideration as affecting to the socio-economic and legal concept for the various social aspects can a criminal having anti social behaviour with the emergence of individual negative qualities having no responsibility and control over anti social phenomenon presupposes an appropriate judicial qualification for the enforcement of his fundamental right. This will distort the picture for prevention of the crime became it affects human destiny and provide an attack over moral fabric of the society. A socially dangerous act is more dangerous than an individual act towards the objective aspect to concrete omission which constitutes the corpus deliecti to regulate human behaviour. Thus the fundamental rights which are considered to be invalidated for implementing the directive principles of the state policy by introduction of Article 31-a, 31-b and 31-c removing to some extent the veto of Article 13 as being upheld in Keshvanand Bharti case should necessarily be restricted in respect of its enforceability in favour of anti social criminals protection as a part enforceable fundamental duties of others.

After the 42^nd amendment Article 32-C was further amended by making the fundamental right s conferred by Article 14 and 15 to the directive principles by giving prianacy over fundamental rights may not be coming in the way as regarded violative of the basic structure of the constitution in Minoura Mills case.

The recent judgement of seven judges of the Hon’ble Supreme court has upheld in L.Chandra Kumar case (1997 (3) S.C.C 261)

Although the constitutional maker have enshrined the _expression_ ‘procedure established by law ‘ in determining the criteria whether the procedure is reasonable to the content of the enacted law but the supreme court by introduction of the doctrine of reasonableness transparency and the principles of proportionality apart from having the concept of natural justice embodied under Article 14 has virtually introduced in the _expression_ due process of law in Article 21 of our constitution; then why not such ideal laws enunciated in the opinion of the court may not be introduced as the measurement of legal duties and responsibilities in the life of legal philosophy for the ethical constant consistent with its frame work for a attending the ultimate set of social condition. The morality of the law in the pre condition for the advancement of social set-up in the society. The end of all political association is the conservation of the natural rights of the man. Thus the rights to rebellion against the dictatorial existing structure of our constitution provides for orderly and peaceful change, which is pertinent in this context. The next question as to be dealt with regarding imposition of the restriction through the power of the parliament to modify the rights of the members of the armed forces in respect of the restrictions abrogation under the garb of ensuring the proper discipline of duties has to be read in respect of the enforceability of such rights of the anti social elements who is providing disintegration, disassociation and disco-ordination amongst the citizens and whether such discipline is not required for the governance of the nation and prosperity of the people as that of those who are assigned for the protection of the unity and integrity of the nation they are being curtailed such fundamental rights while those who are indulged in the anti national activities are getting protection through our constitution. Constitution must correspond to definite social relation and the stage of social development according to changing norms and value of the society. There must be substantial change in the static and invariable constitutional classes as there is need for its renovation. The constitution must replace by the new provisions reflecting the change conditions and the needs. Duty to uphold and protect the unity and integrity of the nation as to render national resources and to promote harmony against its citizen and to abjure the violence to rise with higher levels of endeavour and achievement must be enshrined in the preamble of the constitution of India. The preamble is the part of the constitution. There is the duty for preventing exploitation of one individual by other individual.

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