Sunday, February 12, 2012

The CONSTITUTION V/S POLITICAL PARTIES

In any Nation believing in Democracy,The Constitution of that Nation is the Supermost Authority under which their Government could function.

   In the Constitution of India ,different Articles have nbee laid down& they prescribe the norms for the functioning of the Government.For successfully carrying out this functioning different Institutions have been recognised& are authorised by the Constitution to perform their role usefully to enable the Governing of the Country BY THE PEOPLE,FOR THE PEOPLE&OF THE PEOPLE.
   A few such Institutions authorised by the Constitution of India are briefly as described hereunder:
1)THE PARLIAMENT CONSISTINF OF TWO HOUSES VIZ a)RajyaSabha&2)Loksabha
 How to elect people to these two houses have been clearly defined under the Constitution.
2)The Legislative Assembly:to elect people to this house also promptly described under the Constitution of India.
3)The Judiciary:
This institutution is headed by Chief Justice of the Apex Court or Supreme Court.
The High Courts all over India &all other similar Courts come within the jurisdiction of Judiciary.This institution is recognised under the Articles of Constitution of India.
4)T^he Election Commission
5)The Finance Commission headed by Chief Election Commissioner
The Election Commissions held at various States also come under the Jurisdiction of the Election Commission.
6)The Public Service Commission of the Centre as well as those held at various States Level.
7)The Comptroller&Auditor General of India.
The CAG& His Subordinate offices situated all over India(Represented by AGs of Various States) are responsible for the Financial Accounting&Auditing of all the Transactions relating to Public Money.He is empowered to report finacial irregularities in the Central Accounts&place a report in the Parliament in regard to Central Accounts as well as in the Legislative Assembly of respective States.
TheCAG is also empowered to suggest remedial measures to the Parliament&Legislative Assembly.
Ussually His reports are studied by the Public Accounts Commitee of the Parliament as well as similar commitees of the respective States where the irregularities are reported.These commitees are expected to discuss the reports in detail&take remedial Measures as deemed fit.
His reports are usually Undisputable as the reports are framed with utmost care.
The Central& State Governments can entrust to different investigating Agencies  to decide the Punishment or remedial measures deemed necessary by them.
8)the Sheduled Caste&Sheduled Tribes Commission.
There are more Institutions recognised under the Constitution of India

  Thus the Constitution rightly provide for preventing Corruption&commitments of  Financial Irregularities.
Now coming to the point ,a seperate Lokpal beyond the Powers of Constitution does not seem to be necessary &warranted.
  Even if a Lokpal Bill is passed a Lokpal made it has to be recognised under the Constitution separately for which an amendment to the Constitution would become necessary.For Amending Constitution the 2/3 Mejority in the Lok sabha on voting would become a must.
As Government is nowadays formed with MPs/MLAs of different Political Parties the 2/3 Majority does not appear to be easily manageable.
Similary the bills if Passed in Lok Sabha would require the approval from RajyaSabha the Elder House of Parliament.
In this context,the recent failure to impeach a Judge is relevant here as the Judge preferred to resign on taking his case for Impeachment.

  Thus .all the Agitations for things which are not practical like the Lokpal Bill&many a Agitation held all over the country are not properly recognised under our Constitution.
   For that matter none of the Political Parties have been recognised by the Constitution nor a mention about them have been made in the Constitution of India.
In other words all Agitations amount to unnecessary&unwarranted Squeezing of our hard Earned Democracy&should be avoided whereever necessary.

SreedharanMundanat





  

1 comment:

  1. In the Blog under subpara(5)against Finance Commissionthe sentence"Headed by Chief Election Commissionner" is irrelevant &may kindly be treated as DELETED.the details of Election Commission follows later on .Sorry for inconvenience caused.
    SreedharanMundanat

    ReplyDelete