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From: "Milap Choraria" <milap_c...@yahoo.com> Subject: A MODEL OF NEW CONSTITUTION FOR INDIA

India is a democratic country. Democracy means "Rule of Law", governed by the people, for the people and through the people. Rule of Law means a system, which shall ensure that: (i) no one, whoever he may be, is above the law; (ii) transparent and good governance; (iii) corruption free accountable bureaucracy; and (iv) Guaranteed expeditious remedies. The Preamble of the Constitution of India has adopted one of the basic objects to ensure Economical, Political and Social Justice. Is Indian Democracy moving in such direction? I must put on straight record that "No not at all". In fact contrary to objects and assurances referred in the Constitution of India, in last 58 years, India has gained experiences on every counts with total dissatisfaction, as pointed out in Vohra Committee Report, thus results are: q Each and every level of the governance, immense corruption with immunity, become important part of the system; q Violation of Law with immunity is not a matter of surprise, for any one; q Remedial measures are not easily available in respect of any matter of ill-governance, prevailing under nexus between the powerful: politicians, bureaucrats and organised mafia; q Immense economical, social and political exploitation is not at all a matter of concern for any politician; and q From the whole of the country a single person from the common man can be identified who can justify that he has no grievances relates to governance at one or other level. One question may arise, that why such situation has developed? To answer, we must know the backgrounds of democratic system adopted in India. In my views Constitution of India failed to ensure good governance. Once British Prime Minister Winston Churchill viewed that the "Democracy is worst form of government except all those other forms that have been tried." I am of the firm views that before formulation of his views Churchill should have defined the meaning of the real Democracy. In my opinion "Any form of the so- called democracy should not be defined or called a "democracy", till following fundamental principles are not inserted in system itself, with concrete mechanism for their implementation in real practical terms":- 1. Truth shall prevails; 2. Justice must be above all; 3. Reins of the powers should be in the hands of the people; 4. Unity, based on self reliance, self respect and self dependence amongst the people must be supreme objects; 5. Each, including Constitutional Authority should be accountable before the law and system irrespective of his status or position; 6. Justice delivery system should be easy, affordable and within reasonable time; 7. In the Election mechanism value should be given to the Voters not to the Voting; 8. Individualized Politics should not be allowed at any level and at any cost; 9. Promotions in the Politicians should be based on experience, competency and performance; 10. Distribution of the benefit of the progress and economical betterment of the country should be horizontal; 11. System should not allow to be found the ways to discriminate one to protect the powerful using skills or expertise. 12. Each Individual should be kept away from the democratic process, if he does not obey these principles with the latter and sprit. I have written "A MODEL OF NEW CONSTITUTION FOR INDIA". Please go by it and compare it with our Constitution: http://constitutionindia.tripod.com On the basis of aforesaid basic principles, time-to-time I have also made suggestions before authorities. Some were implemented in peace- meal manner, but most are never considered. Some such suggestions are referred: http://mcho3.tripod.com/goodgovernance. Milap Choraria National Convenor, Movement for Accountability to Public (MAP)