Monday, January 17, 2011

Right to Recall

Right to recall public representatives was the idea of late Jai Prakash Narayan who led the movement in 1974 from the state of Gujrat against the government of Mr. Chiman Bhai Patel. Later the movement spread to entire country and it posed a great threat of the government of Indira Gandhi at center. Ultimately followers of JP movement got the victory in thwarting the government of Congress Party and came to power under the banner of Janta Party. Within two years of their rule they started quarrelling among themselves for power and position and forgetting all principles and policies propagated by JP just as member of Indian National Congress Party forgot Mahatma Gandhi after getting freedom from British government.

The most unfortunate position is that most of the persons, group or the political parties who preach the sermons become corrupt when they come to power. The only remedy lies in the hands of courts. It is therefore necessary to ensure that judiciary is made effective, active and corruption free. We need good advocates in all districts and all subdivision where he or she can fight militantly in court of law against the misdeeds of all evil doers with the support of common men and police forces. One or two such prompt action and prompt punishment to evil doers may have demonstrative effects in the entire area. We have witnessed such situation when a hard administrator or strict IAS or IPS officers is posted in a town. Entire town is disciplined and criminal fly away from such town.

The idea of Right to recall looks very good. But in practice dreams of right to recall will come to reality only when people of India become quick, active and get all support from the system or from the judiciary. Unfortunately in our country there is not good number of lawyers in any town of the country. There are hardly a few advocates who fight a case honestly in court with a patriotic mind or with an intention to serve the cause of good person. All are greedy for money and power. Who can therefore ensure that the person who raise voice against any civil servant or politician or elected representative is not with ill motto or due to personal grievance? Who will after justify the actions of such people? It is ultimately the judiciary which can ensure justice not only to to the aggrieved but also justify the action of the person who utilizes his Right to Recall.

We therefore need good advocates. It is worthwhile to mention here that people used to prefer study of Law during the time of British rule or that of Nehru ji or Gandhi ji. Now a day’s students prefer degree of MBA which teaches nothing but tips of flattery to sell the product without taking care of the quality. You will find hardly one Law collage against 100 colleges for MBA.

As such it is necessary to first learn to raise voice against all cases of injustice. Then it is necessary to ensure removal of corrupt people through judiciary. For this purpose we need good advocates or good leaders in all towns and cities. We need a good number of musclemen to handle local goondas hired by all corrupt officers. Otherwise we need individual like Jai Prakash Narayan or Mahatma Gandhi who can lead peaceful and non violent movement against misrule for year and decades.

It is also necessary to point out here that Indian Constitution has given adequate laws, acts, rights and powers to Indians to fight against corrupt person. There are adequate laws in the law books of the country to trap evil doers. We need people who can ensure proper execution of existing rules for the benefit of good and honest persons.

Hitherto laws are unfortunately and invariably misused to perpetrate reign of injustice. Present reality is that if a case is filed against a corrupt person in a court of law the corrupt person can lead a peaceful life by managing a few advocates through money or muscle power. A Chief Minister or a department head or an office head or CMD of a bank or insurance company is able to give unethical promotions to his juniors superseding senior good persons or giving critical posting to his subordinates violating prevalent transfer policy only because he understand very well that the aggrieved person cannot ensure action against his misdeeds or cannot get legal remedy through courts even in two or three decades.

When honesty does not prevail in any department in the country how can we dream of getting success through Right to Recall is a big question. India badly needs few good officers, good politicians, good lawyers and good social activist to fight against all misdeeds.

Ultimately it is old proverb which comes to my mind is “Might is Right”.


No comments: