Commentary

COMMENTARY

Let us discuss in brief benefit a normal citizen of Bharat is going to receive with implementation of this constitution: -

1. Political power, which mainly lies with politician, bureaucrats and Criminals, will shift to the hands of people. (Result of Constitution)

2. Accountability of politician will increase towards public. Every member of legislature and Executive shall be mainly responsible to the people. (Article 3, 4 & 5)

3. There has been debate since independence, how much Province should be there and which size of Province can be called a model Province. Because there are no criteria fixed for an area to be recognised as Province, district, municipality, village etc therefore political parties in our country have been emotionally charging the people on these issue and taking political advantages. Basically it is a technical issue. But in last fifty-eight year it is being dealt in most unscientific manner. Thus it is essential to have final solution to this issue. Now we have the solution to this problem. This will not make huge size Province and it will not allow and tiny Province to exist. My estimate says that there shall be maximum sixty-six Provinces and approximately there will be fifty Provinces in our country. No place in a Province shall be more than three hundred and twenty km farer from its capital. In fact average distance of a place from capital should not be more than one hundred and fifty km. A Province will have size of approximately fifty thousand square kilometres. In the same manner other units of the governments have been defined in various sections of this article. (Article 1)

4. There has been some debate in the past with regard to status of a naturalised citizen acquiring the post of Executive, judiciary and Legislature. For time being this dispute was defused by leader of Congress Party Mrs Sonia Gandhi by refusing to become Prime Minister. This kind of problem may again erupt in future. Everyone who is naturalised citizen may not be working for the noble cause. Thus we need to stop it once and for all. (Article 2)

5. Under prevailing system, the members of legislature become the part of Executive. In fact this system was suppose to provide for independent functioning of both the organ, but practically some time it was legislature who was controlling the executive and some time it was executive which has been controlling the legislature, but they never had been independent from each other. Presently most of the time a prime minister is busy satisfying the member of legislature. For example we can see the condition of Prime Minister Manmohan Singh. His position is such than he is bound to act according to wish of Congress president. On the other hand he is not at all free to act for the betterment of people according to his own mind. He is being guided by various forces i.e. Congress President, Communist Parties and other supporters. People of this country have never voted for Chandrasekhar, I.K. Gujral, H.D. Deogoda and Manmohan Singh to make them prime minister. It is mockery of democracy to make such persons prime minister of the country. It is very essential to make our executive heads stronger. The people of our country need to choose the executive head directly. We need to stop the sell and purchase of legislature. Presently our legislatures are busy doing all activities except seriously legislating. We need full time legislature, who can work for the betterment of the people. We don't need legislatures who are minister, who are for sell and purchase, who are more worried for executive work than legislation. In a democracy it is the people who have to choose all executive heads and member of legislature. Thus the executive head will govern our country, in the similar manner all executive heads shall have the real executive power. The people shall directly elect them and they shall be mainly responsible to the people. (Article 3)

6. Presently member of legislature are in habit of increasing their remunerations arbitrarily. Result of provision mentioned above remuneration of members shall be in certain proportion to per capita income of people. That means if they contribute in increasing the per capita income of the people than only their remuneration shall increase otherwise even it may decline. (Article 3)

7. It has been made compulsory for a candidate to be member of legislature or executive to be inhabitant of the area from where he wants to be elected. It has been our experience that just at the time of election, a person comes from outside, makes big promises to the people and won the election. After election he flew away and didn't turn to his constituency till next election. This provision will not allow such miracle to happen. It will only allow the person having knowledge of ground realities to be a candidate. (Article 4)

8. We shall not face election every now and then. Normally election for all the bodies shall be held together, therefore generally question of resigning from one post and standing for another will not arise. But in case there is a vacancy, it will be filled by the respective executive head of the government, with approval of the legislature other than from which vacancy is going to be filled. (Article 4)

9. All members of lover house shall have tenure of two year and all member of upper house shall have tenure of six year. The people will elect them all none will be nominated. (Article 4)

10. There shall be an executive head for country, Province, district, municipality, blocks, villages etc. There shall be bicameral legislature at all these hierarchies. (Article 5)

11. If executive head is violating the law, or involved in corruption, he will be impeached by the upper house. So it would be difficult for him to act autocratically. (Article 5)

12. Executive head shall be elected for the fix tenure of four year and a person cannot be executive head of same government for three consecutive terms. (Article 5)

13. In case executive head is impeached by the legislature, the people through referendum will finally decide his fate. (Article 5)

14. Presently Bhartiya police is well known for its notorious activities. It is very common to keep the person under custody without giving him the reason for such arrest. Here Police should give in writing not only to the person being arrested, but also to its close relative, and to the social security department, which shall obviously put that information on BIN. (Article 11)

15. People of Bharat are biggest sufferer of the colonial mindset of complete bureaucracy. When ever a person approaches to seek some information, the clerks, and other relevant staff is on habbit of not providing information in time. Provision of this section and coming section will make that impossible. A person will have access to almost all unclassified information of government. (Article 11)

16. Presently the biggest excuse of bureaucracy has been that relevant person is not available therefore application of person doesn't get disposed off in time. Here you will find there is no alternative other than to take a decision with forty-five days. (Article 11)

17. Right to speedy trial means normally trial will complete within 45 days from the date of arrest or from the date of beginning of trial which ever is earlier. (Article 11)

18. Education will be compulsory for the child up to the age of fourteen year. (Article 11)

19. Given the enormous resources our country is having today, and being provided on the social well being of our countryman. It is easily possible to provide Rs one thousand per month to each old age and disabled. In fact our governments do make plan to spend for social welfare but all such money goes to uplift the welfare of politicians, bureaucrats, criminals and other relevant agencies. (Article 11)

20. Personal property being used for personal purpose will be free of tax. Tax can be levied on luxury items. (Article 11)

21. These are right to food, health, house, education and employment. Unfortunately Bharat never had good social security. Even those who want to honest, find difficult to survive. Most of the employees do not get adequate payment. At the same time even the person having thousands of rupee always remain sceptical about health services in the country. The present health services are costing enormously. It is not exaggeration to say that even a Gazetted officer finds it difficult to get proper treatment at the need of hour. We have got the resources, we can provide the health services at almost free of cost to the needy person. If the state starts providing food security, health services, education, employment, housing to people, everyone knows that corruption is bound to decline. (Article 11)

22. In case of disaster, affected people shall be adequately and immediately attended. (Article 12)

23. We can do lot of help to the people by making railway, of a good standard. Let us discuss the problem we are facing today and then we shall discuss the solution of those problems. (Article 12)

First let us talk about problems: -

· Normal travelling time for a common man is quite longer comparing to those who travel by Rajdhani and Satabdi express.
· Though a normal person does not have enough resources require travelling in these trains but definitely he wants equal speed of travelling.
· It is known to everyone that in most long distance trains there are only one or two general compartments. Conditions of these compartments are worst than anything else. Our country has law, which prohibits excess crowd of animals in a truck or trains, but humans are being treated worst than them.
· On one hand we find people are suffocated in the general compartment on the other air-conditioned coaches remain empty.
· There are three types of railway tracks. Broad Gauge, Meter Gauge, and Narrow Gauge. Whereas there is need for broad gauge only.
How these problems can be solved: -
· There is need for Tivragami, Tivranidra and Durastha trains.
· Tivragami train is one, which has only compartment like those now we find in Jansatabdi express, fully reserved coaches, covering maximum distance of fifteen hundred km. They shall have speed not less than Rajdhani and Satabdi express. These trains will normally start from there originating stations in the morning and will reach to its last stops by late in the evening. These trains will have fair, that is equal to present general compartment.
· Tivranidra express shall be those trains, which will cover distance below two thousand km. These trains will start from originating stations normally after working hours and will reach to its last stations before working hour of next day begins. These trains will have only sleeper compartment and will have charge twice to the general compartment. These trains will not have speed less than Rajdhani express.
· Durastha express shall be those, which will be running more than fifteen hundred km. These trains will be with sleeper compartment. Having speed not less than Rajdhani express. Other facility will similar to that of Tivranidra express. Charges will be equal to Tivranidra.
· All lines with meter and narrow gauge shall be converted into broad gauge. It will not include line(s), which have been declared as world heritage by the UNESCO.
· Railway shall issue concession passes other than present passes, for term of a year. These passes will allow journey thirty times, Sixty times, Ninety times and hundred fifty times. These passes to be stamped for date at the entrance of railway station so that these journey can be calculated. These passes can be issued for any distance.

24. Social security department (SSD) will be established up the level of village and all welfare schemes will be monitored and if required will be implemented by this department. (Article 14)

25. Bhartiya Information Network (BIN) will be established to maintain record of all people, land and other valuable property. (Article 14)

26. Free and adequate health facility is having wide meaning. We are yet to open primary health care centre at the gross root. There are diagnostic techniques available but not only poor people but to an extent even middle class family is not able to use these technique well in time. This facility will be extended to all the people. (Article 15)

27. The State shall provide comprehensive health care to all residents. Treatment and transportation of patients shall be based on medical priority regardless of patient’s income. Patients shall pay charges for prescriptions except people below poverty line, children, expectant mothers, pensioners and other groups specified by law. (Article 15)

28. Government hospital doctors shall not be allowed to practice privately except according to provision made by law. If require State Hospitals patients shall be treated at public expense in private hospitals. (Article 15)

29. Preventive services shall be designed to safeguard the health of pregnant women and mothers with young children. Pregnant workingwomen have the right to visit clinics during working hours. Nearly all workingwomen shall keep their babies in hospital, returning home shortly after to be attended by a midwife or health visitor and, where necessary, the family doctor. Child health centres shall check the physical and mental health of pre-school children. (Article 15)

30. Statutory maternity pay should be available for up to eighteen weeks when a woman is away from work because of her pregnancy. To qualify, a woman must have worked for the same employer for at least six month. If a woman does not qualify for maternity pay, she may receive a maternity allowance if she has worked for an employer or as a self-employed person and paid a specified number of national insurance contributions. The allowance is paid for eighteen weeks. (Article 15)

31. There shall be unemployment allowance of Rs one thousand per month to all unemployed youth who are not graduate, graduate will get Rs two hundred per month etc, post graduates will get Rs Five Hundred etc and youth doctorate degree shall get Rs one thousand etc. (Article 16)

32. It has been seen since independence that politicians in our country have emotionally blackmailed our citizens in favour of Hindi and regional language. Whereas most of these politicians, top bureaucrat, businessman get their child educated at English medium school. It has resulted in making huge gape between person got education in regional or national language and English. These elitist groups have well succeeded in their conspiracy. This conspiracy has culminated in a situation where we find that person educated in Hindi and regional languages are not getting top jobs. It is our duty to eliminate this discrimination. Let everyone enjoy not only Hindi or regional language but also English so that he can make success in his life. (Article 17)

33. Presently we find that all good quality educational institution is situated either in Delhi or at other top metro cities. There are Provinces, which do not have these facilities. It is not require mentioning names of those Provinces. But the present Constitution will not allow such discrimination. (Article 18)

34. This constitution clearly provides that if a person get qualified for admission in any educational or professional course, if do not have financial recourses, he will not be denied that education. (Article 18)

35. Yoga will be compulsory in schools; this will lead them to healthy life. (Article 18)

36. Sports shall be essential part of life and education. Our country has the potential to become sports superpower if facility is provided to the potential sportsman. (18)

37. Uncontrolled Population is the biggest problem. Our experience shows that only compulsory fertility elimination operation can make our population under control. Out demography is changing fast due to uncontrolled birth of child by certain irresponsible elements. (Article 19)

38. After duly considering the present policy of government on birth control, it became clear that not even single policy of government directly hit the actual problem. It is easily possible to provide Rs one hundred thousand to those parents who are ready to accept family welfare schemes after one child. This amount of Rs one hundred thousand will be fixed in post office and will be given to them at the age of twenty-one year to the child. Not only this but state should also provide Rs five hundred per month to the parents for protection and betterment of that single child. This will encourage all those to adopt one-child norms hitherto reluctant to accept any such programme. This will further benefit those girls, which are not getting married due to financial or other reasons. (Article 19)

39. Election will be held together for all the posts and other date given in the relevant section. There will be use of second ballot system to ensure that one who is chosen has got the majority of votes. (Article 20)

40. What is a political party, how and when election in a political party is going to be held has been explained in this constitution. All most all political party claims to be champion of democracy but most of them do not exercise democratic method in their internal affairs, such party cannot remain registered Political Party. (Article 21)

41. There is provision for referendum. If any matter is not being settled by the executive and legislature or if any issue public want to be addressed and not being addressed by the elected body, people may give their final verdict on all such issues through referendum. (Article 22)

42. Our experience says that once election is over, few representatives become highly irresponsible. Basically they should act like our immediate protector and should help the people in need of hour if people face problem in their public life, unfortunately they do not do so. There is provision to call such irresponsible elements. (Article 23)

43. It is our experience that cases kept pending for almost years, and sometimes a person dies without getting justice. Though these advance method of trial will not have effect retrospectively, but those who feel they are innocent and have been implicated in false cases can volunteer themselves for going through trial under advance technique, if found innocent there is no reason why these persons should remain in custody. To improve the system of administration of justice it shall be required to use advance method like Polygraph test, brain mapping test and Narcotic-analysis test. These method should be applied on all relevant persons to establish the truth in presence of trained judicial authority, under audio and video recording and same shall be valid as evidence in judicial trials. During such investigation defence and prosecuting lawyers shall be allowed to see the live questioning on audio video system and in manner established by law they shall be allowed to put question to person in question, but the same question first shall be recorded in audio video system and with approval of experts it shall be put to the person in question. Advance methods of DNA testing, advance forensic and medical technique to be used for investigation. (Article 28)

To see all articles of writer visit www.bharatsangh.com