Sunday, May 24, 2015

Delhi bill in Parliament


Statehood to Delhi

In the campaign for the Lok Sabha polls last year, the BJP promised to declare Delhi a full state if the party came to power, noting that it will help ensure proper coordination between various agencies. 

The BJP had swept the Lok Sabha polls in Delhi winning all seven seats with huge margins.

However, the BJP party did not clearly spell out its position on the statehood issue in its vision document released ahead of the Assembly polls in February. In its manifestoes for previous Assembly polls, the BJP party had promised full statehood.


Union Finance Minister Arun Jaitley on Saturday said that full statehood rights could not be given to Delhi unless there was general consensus in the country over the issue as the matter concerned the national capital. 

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Recently, Arun Jaitley made a statement; corruption has been removed from India's political dictionary under Prime Minister Narendra Modi. 

It looks like Arun Jaitley doesn't read newspaper or doesn't watch television. Recently, there was an incident in Delhi. A policeman threw brick at a young woman; that woman refused to give Rs 200 bribe to that policeman; policeman got angry and hurt that woman. So, corruption does exist in India; and common citizen directly gets affected by corruption. 

The fact is, common citizen are not directly affected by mega corruption; but they do get affected by this corruption on daily basis. 
________________________________________

For current constitutional crisis in Delhi, Arun Jaitley offered a very good solution. Arun did help a lot for Arvind.  Arvind Kejriwal should seriously consider Arun Jaitley's suggestion and act on it.

Arvind Kejriwal should take action to build up general consensus in the entire country. 

Just like Arvind Kejriwal, every Chief Ministers in the country have issue with the center. So, Arvind Kejriwal could meet with them and build general consensus.

The truth is; the parliament in India has the supreme power. As per Constitution of India, the President or the Prime Minister or any Minister; nobody has any power or authority. So, Narendra Modi or Rajnath Singh or Arun Jaitley have no authority to give or deny full statehood to Delhi.

Only Parliament could give or deny full statehood to Delhi. So, Arvind Kejriwal needs numbers. 

So in India, numbers do make sense. Arvind Kejriwal needs to collect numbers to get full statehood to Delhi.

On his own, Arvind Kejriwal has 4 MPs. Other MPs are 257; Arvind Kejriwal could get the support of that 257 MPs.

In fact, Arvind could tap into BJP MPs also. Arvind could easily get all 7 Delhi MPs. Arvind could ask people to go to Delhi MP house and ask them to support full statehood for Delhi.

Out of 282 BJP MPs, only a few got ministers post; there are more dissatisfied MPs. For instance, Advani, Murali Manohar Joshi and many others; Arvind could give it a try.

So, in India, it is just number game. Get the number and get things done. 

Saturday, May 23, 2015

The Third Branch of Democracy


The Judicial Process

 Article III of the Constitution of the United States guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one's peers.
The Fourth, Fifth, and Sixth Amendments to the Constitution provide additional protections for those accused of a crime. These include:
  • A guarantee that no person shall be deprived of life, liberty, or property without the due process of law
  • Protection against being tried for the same crime twice ("double jeopardy")
  • The right to a speedy trial by an impartial jury
  • The right to cross-examine witnesses, and to call witnesses to support their case
  • The right to legal representation
  • The right to avoid self-incrimination
  • Protection from excessive bail, excessive fines, and cruel and unusual punishments
Criminal proceedings can be conducted under either state or federal law, depending on the nature and extent of the crime. A criminal legal procedure typically begins with an arrest by a law enforcement officer. If a grand jury chooses to deliver an indictment, the accused will appear before a judge and be formally charged with a crime, at which time he or she may enter a plea.


The defendant is given time to review all the evidence in the case and to build a legal argument. Then, the case is brought to trial and decided by a jury. If the defendant is determined to be not guilty of the crime, the charges are dismissed. Otherwise, the judge determines the sentence, which can include prison time, a fine, or even execution.

Bush vs Gore


Bush v. Gore, 531 U.S. 98 (2000), is the United States Supreme Court decision that resolved the dispute surrounding the 2000 presidential election. 

In a per curiam decision, the Court, by a 5-4 vote, ruled that no alternative method could be established within the time limit set by Title 3 of the United States Code (3 U.S.C.), § 5 ("Determination of controversy as to appointment of electors"), which was December 12. 

The decision allowed Florida Secretary of State Katherine Harris's previous certification of George W. Bush as the winner of Florida's 25 electoral votes to stand. 

________________________________________________________


In our judicial system, we could replace the judges with computers. 

  • Computers are very good in making arithmetic decisions. 
  • Computers are also good in making logical decisions. 
  • In fact, Computers could be of great help in speedy trial.
  • Computers are impartial
  • All are equal in front of Computers
The major difference between Computer and Human Judge is emotional perception. Computers do not have any emotions; so, Computers have no care and concern.

In fact, these non-emotional, non-care, non-concern qualities could be considered as a plus point for Computers to qualify as a Judge in Judicial System.

So, we could seriously consider introducing Computers in the Judicial Branch.

Another point is; some how, we have been trained to look at every organization as a hierarchical structure. In our perception, here is the judicial hierarchy:
  • Supreme Court
  • High Courts
  • Other Courts

In hierarchical structure, the bottom organizations are of low quality; and the top organization is of high quality.

The truth is, there is no hierarchy in Judicial System. High Courts and Supreme Court are various options available for any accused person.

It is natural for any accused person to go for an appeal. In that way, Jayalalitha went for an appeal in High Court and got the judgment in Jayalalitha's favor. 

So, Jayalalitha is now happy and is satisfied with the judgment of the High Court. There is no need for Jayalalitha to go to Supreme Court for an appeal.

But others are interested in going for an appeal in the Supreme Court. When there is an appeal at Supreme Court, it will not be against Jayalalitha. It will be against that High Court Judge, Justice Chikka Rachappa Kumaraswamy and his judgment. 

In fact, when this appeal come to Supreme Court, they may have to review the history of cases, that came in the court of Justice Chikka Rachappa Kumaraswamy

If the Supreme Court finds fault in the judgement of Justice Chikka Rachappa Kumaraswamy, that finding may apply to all his judgment in other cases. Any arithmetic calculation mistake will be considered - not just as an insult to Justice Chikka Rachappa Kumaraswamy but also to the entire judicial system. 

Supreme Court may need to proclaim that all those previous judgments of Justice Chikka Rachappa Kumaraswamy are null and void; and may need to be reviewed by some other judge.

So, this appeal will not be applied only to Jayalalitha. It is an appeal against Justice Chikka Rachappa Kumaraswamy and his entire professional history.



Friday, May 22, 2015

Paneer, the Perfect Gentleman


I Have Resigned as Chief Minister of Tamil Nadu: O Panneerselvam

Most of the time, we take things for granted. We fail to understand the value of an action.

Paneer! You're a Perfect Gentleman!

Character of Integrity. Great Moral Value.

For this century, this is not a normal human behavior; this is not the nature of human being.

Remember Bihar; Nitesh handed over power to that cheat; does anyone remember the name of that cheat; he refused to hand it over to Nitesh.

The Bihar episode is the nature of human being of this century. It is all about vikaas; development; go forward; go higher; climb up on somebody shoulder and reach the top; by any means, reach the goal.

End; that is what matters; not the means.

From tea vendor to chief minister!


Panner. This is not a human nature; this is divine nature.

பூமியில் நேராக வாழ்பவர் எல்லோரும்
சாமிக்கு நிகர் இல்லையா

பன்னீரு,  நீ சாமி; நீ சாமி அய்யா.

தமிழகத்தில், நாங்க சோதிச்சுப் பார்க்காத அரசியல்; உலகத்திலேயே இல்லை.
நல்லதையும் பார்த்தாச்சு;
கெட்டதையும் பார்த்தாச்சு.

அரசியலில் உயர் தரத்துக்கும்,  எங்களிடம் எடுத்துக்காட்டு உண்டு.
கேடு கெட்ட அரசியலுக்கும், எங்களிடம் எடுத்துக்காட்டு உண்டு.

பன்னீரூ. அண்ணாத்துரை,  உன்னைக் கண்டு, பெரிதுவப்பார்.

எம்.ஜி.ஆர், உன்னை, ஆரத்தழுவி, ஆனந்தம் அடைவார்.

பன்னீரு; உன்னால், அந்த மண்ணுக்கு பெருமை; நிலத்துக்கு பெருமை; காத்துக்கு பெருமை; தண்ணிக்கும் பெருமை.

A reluctant leader

ஒரு தடவை அல்ல; இரண்டு தடவை; நீ சத்தியசோதனைக்கு உள்ளாக்கப்பட்டு இருக்கின்றாய்.

ஹரிச்சந்திரன் எதிர்கொண்ட சத்தியசோதனை - அவனிடம் இருந்த அனைத்தையும் பறித்துக் கொண்டது.

உனக்கு - அனைத்தையும் அள்ளிக்கொடுத்து, சத்தியசோதனை அரங்கேறி இருக்கு.

பரதன் கூட, ஒரே ஒரு முறைதான் சோதனையை எதிர்கொண்டான்.
ஆனால், நீ ஒருவந்தான், சரித்திரத்திலே, இரண்டு முறை, சோதனை எதிர்கொண்டு இருக்கின்றாய்.

பன்னீரு, உன்னால், வேட்டி கட்டியவர்கள், டெல்லியில், தலை நிமிர்ந்து வாழ்வார்கள்.

Tuesday, May 19, 2015

Constitutional Crisis in Delhi

cartoon from Indian Newspaper

Democracy should comprise of the three ‘D’s -
  • Debate, 
  • Dissent and 
  • Decision 
  • not the fourth ‘D’ ‘Disruption’ 

Rashtrapathi Bhavan Message

Mr. Arvind Kejriwal’s assumption of power as Delhi’s Chief Minister is a transformational development in Indian politics and, potentially, world politics.

Disruptive Innovation in Politics

So, what is going on, now in New Delhi is Disruption. Soon, we will know, whether it is innovation or not. But, it is a Kurukshetra War.

It doesn't need to be good versus evil. It may be an action between two good persons.

In the cricket field; one person bowls; another person bats. The bowler bowls the ball; the batman may hit a sixer; or may be caught out; or may be clean bold.

We don't look at the players as good versus evil. All players may be good character.

Even in the current conflict in Delhi; either the Chief Minister or the Governor; they didn't mention any word about others character of integrity; they do respect each others character of integrity.

So, in this match, both Chief Minister and the Governor are players. They play with Civil Service Executives. High moral value officers do not worry about any authority; only corrupted officers need protection from political leaders.

In this conflict, the civil service officers only suffer; and that too, only corrupted officers will suffer.

So, it is a good thing; good for democracy.
So, challenge the system; both will get a place in the history of Indian democracy.

If everything goes good; Arvind Kejriwal will be the last chief minister of Delhi; and Arvind Kejriwal will be the first governor of Delhi; the governor, democratically elected by the people of Delhi; Arvind Kejriwal would move into Raj Bhavan.

Delhi Government needs to be governed by the Governor.

That does make sense; government; govern; governor. The Chief Minister and the Prime Minister do not fit in democracy; why do we need 'minister' when we don't have a King or Queen. Let us get rid of all ministers.

Governor and Governor General. It does sound good.

First Governor General, Narendra Modi; head of the executive branch; functions from Rashtrapathi Bhavan. It is more majestic than the dull White House.

Narendra Modi walks alone. Narendra Modi has no family; no friends; no comrades; no party colleagues; no mentors; no leaders; has only fans and followers.

Narendra Modi didn't want to spend the first year celebrations with his cabinet; or with his MPs; or with his party workers; or with his sangh parivar.

Narendra Modi spent his time with those dead Chinese soldiers, during the first year anniversary.

So, Rashtrapathi Bhavan perfectly fits for Narendra Modi. Incidentally,  Arvind Kejriwal went to Pranab; Jung went to Pranab; Pranab is at the center of this conflict.

It is going to disrupt Pranab. Pranab may be the last 'appointed' President of India.

So, challenge the system. Challenge the Constitution of India. It is time to build a new constitution.

Monday, May 18, 2015

மக்களின் பிரதமர்


மக்களின் முதல்வர்; மிகச்சிறந்த சொல்; மிகவும் பொருத்தமான சொல்; அனைவராலும் ஏற்றுக் கொள்ளப்பட்ட சொல். மக்களுக்காக பணியாற்றும், மக்களின் தலைவரை; அன்போடும்; பண்போடும்; மதிப்போடும்; மரியாதையோடும்; உரிமையோடும் அழைக்கும் சொல்; மக்களின் முதல்வர்.

மக்களின் முதல்வர்; தமிழக முதல்வர் என்ற சொல்லையும் தாண்டி, மதிப்பு அடைந்து விட்டது.

ஆக, மக்களின் முதல்வர் என்ற நிலை சற்றுக்காலம் தொடரும்.

ஜெயலலிதாவின் நோக்கம் எல்லாம், தேர்தலில் பங்கேற்கும் உரிமையை நிலைநாட்டுவதே.

பெங்களூரூவில் அளித்த தண்டனையில், அதிக பாதிப்பினை ஏற்படுத்தியது; தேர்தலில் பங்கேற்கும் உரிமையை பறித்துக் கொண்டதே. அந்த உரிமை, ஜெயலலிதாவுக்கு மீண்டும் கிடைத்திருக்கின்றது. ஆக, அந்த உரிமையை நிலைநாட்டவே, சென்னை சட்டமன்ற தொகுதி இடைத்தேர்தல்.

அவசர அவசரமாக, தமிழக முதல்வராக வேண்டிய கட்டாயம் ஜெயலலிதாவுக்கு இல்லை.

தற்பொழுது கிடைத்திருக்கும் வாய்ப்பு; ஜெயலலிதாவை அடுத்த நிலைக்கு எடுத்துச் செல்லும் வாய்ப்பு.

சட்டமன்ற தேர்தலில் பங்கேற்பதுதான் மிகவும் முக்கியமான செயல். வெற்றி; தோல்வி; முக்கியம் அல்ல.

சட்டமன்ற உறுப்பினர் ஆனவுடன்; பெரும் பலுவை தலையில் ஏற்றுக்கொள்ளாமல், அடுத்த நிலையை நோக்கிய பயணத்தை, பரிபூரண சுதந்திரத்துடன் செயல்படுத்த இயலும்.

ஆக, மக்களின் முதல்வர், தனது பயணத்தை தொடர, இடற்பாடுகள் அனைத்தும் நீங்கின.

தமிழக மக்களின் முதல்வர், இனி, இந்திய மக்களின் பிரதமர்.

இனி,  பொம்பளைங்க ஆட்சிதான்.

வீட்டிலே அதுதான் நிலை; அலுவலகங்களிலும், அதே நிலைதான். உலக அரசியலே; அமெரிக்கா; பிரேசில்; ஜெர்மனி; எங்கும் மீனாட்சி ஆட்சிதான்.


Saturday, May 16, 2015

Executive vs Legislative

Chief Secretary of Delhi

People in Indian media are also our children. They went to school in India. It's our responsibility to make them learn about whole perception.

There used to be a story; seven blind men and elephant. In today's world, people with good vision also don't see the whole thing. And also, using a single gender is not right for today's world.

So, let the modified story be; seven persons are looking at an elephant. All are right; but you need to put all individual perceptions together to get the whole perception.

So, media persons; just looking at a single page of a book, you may not get the whole story. You need to look at the pages ahead and also the pages that behind. Just watching a trailer; or watching a still; or watching a frame, you may not understand the whole movie. You need to connect all dots to get the whole picture.

In life, incidents are not isolated; they all are connected.

Coming to political science, this is not an isolated incident. Have you noticed; whether he is online or offline, Narendra Modi keeps things moving. When Narendra Modi is online; that is, when he is in India, Narendra Modi directly participates in action. When Narendra Modi is offline; that is, when he in tour abroad, Narendra Modi had made sure that some serious actions took place in India.

When Narendra Modi was in America, Jayalalitha was arrested in Bangalore.
When Narendra Modi was in some country, Manmohan Singh was asked to appear in court.
Now, Narendra Modi is in China talking about Federalism and liberating states; not only Indian states; also the China states. Here in Delhi, conflict between the Executive branch and Legislative branch.

Last week, Narendra Modi was in Calcutta building partnership with Mamata. Jayalalitha was released from the legal case.

So, all incidents are connected. When you connect all dots, you will get the full picture.

Here is the whole picture.
 For the last one year, Narendra Modi has tried to learn the rules of the Delhi game. Narendra Modi did try hard to play the game as per the rules of Delhi. But, it doesn't help.

So, now, Narendra Modi has decided to change the game's rule.

As per the current constitution; Narendra Modi is not the President of India; Narendra Modi is one of the Members of Parliament; absolutely no executive power; very limited legislative power.

As per the current constitution; Arvind Kejriwal is not the Governor of Delhi; Arvind Kejriwal is one of MLA; absolutely no executive power; very limited legislative power.

So, as the current constitution of India, the Governor is head of the executive branch. Governor has authority to appoint the Chief Secretary.

So, the fact is, nothing changes in India; if the Constitution is not changed.

Both Congress and BJP would resist any change in the current constitution. That is the reason, Narendra Modi is now seeking the support of all regional leaders.

It's time to change the constitution. The current conflict in Delhi is just the beginning.


Wednesday, May 6, 2015

Salman Khan got 13 + 5 years punishment

Dushman

You don't need to go back in history to the ages of Ramayana, Mahabharata,  or other ancient kingdom.

பாண்டிய நாட்டு மன்னன், கோவலனுக்கு தண்டனை அளித்து நிறைவேற்றியது; பிறகு, கண்ணகி அப்பீல் செய்து, எந்தவித சட்டக் கல்லூரியிலும் படிக்காமல், சபையில் வாதாடி, நீதியை நிலை நிறைவேற்றியது.

மனுநீதி சோழன்; அவன் மகன், வேகமாக தேரை ஓட்டிச் சென்று, பசுவின் கன்றை கொன்று விட்டான். பசு, அரண்மனை வாசலில் கட்டி இருந்த ஆராய்ச்சி மணியை அடித்து, நீதி கேட்டது. மன்னன் நீதி வழங்கினான்.

You don't need to look at the western countries for effective judicial system. Just watch that movie, Dushman (1972). It was remade in Tamil, Telugu and Kannada too.

Surjit Singh (Rajesh Khanna) earns a living driving a truck.  He is a rash driver and more than usually also driving while drunk. One night he stops at the prostitute Chamelibai's (Bindu), spends the night with her, and gets up late the next morning. He rushes out and drives at breakneck speed in thick fog to make up for lost time while again drinking. He inevitably ends up running over and killing a farmer named Ram Din. But despite the opportunity to hit and run, he decides to stay and face the consequences. He is arrested by the police, charged, and brought before the courts.  

Surjit acknowledges his guilt to the Judge (Rehman) who in-turn knows that he should send Surjit to prison for two years. But moved by the plight of Ram Din's family (which include his widow Malti (Meena Kumari); his sister Kamla (Kumari Naaz); two young sons; a crippled father Ganga Din (Nana Palsikar), and his blind mother (Leela Mishra)), and his inherent belief that imprisonment does not serve the good of the victim or the perpetrator, the Judge resolves to try a novel experiment of forcing Surjit to live with Ram Din's family and looking after their financial needs. A horrified Surjit attempts in vain to convince the Judge to change his ruling. He is transported to his new "prison" under police protection, where he is met by hostile villagers. Ram Din's family detest his presence, and call him "Dushman" (The enemy). Surjit attempts to escape on the first night, but is apprehended and brought back to serve his time.

Ram Din's family finally accept Surjit as one of their own, and arrange his marriage to Phoolmati. In a final twist though, his two years' imprisonment is complete, and the Police arrive to escort him back to town. He pleads with the Judge to let him serve a life sentence, and the Judge smiles, vindicated that his experiment has been successful.
____________________________

So, had you given Salman Khan a five years punishment in 2002, by 2007, he would have completed his punishment. But, you delayed it for 13 years.

In that 13 years, Salman Khan; god only knows what mental sufferings he had gone through. 

You have already given Salman Khan a 13 years punishment; so, this additional five years is not right.

One thing you could do; declare 18 years of punishment; then say, he already served 13 years; so, Salman Khan needs to stay in jail for five more years. That is acceptable.

Had it been Kannaghi; she would asked a simple logical question; how do you justify the delay of 13 years to arrive at this judgment.

When you delay it for such a long time, you cannot effectively manage the judicial branch.

What will you do, had an accused die before you give your verdict? Who will then serve in jail?

Thank goodness. This judicial system were not there in Rama or Dharma period. Otherwise, both Rama and Dharam would have spent 13 years in court and then for another 14 years in the forest.

Even in western, Judgment_of_Solomon

Two young women who lived in the same house and who both had an infant son came to Solomon for a judgment. One of the women claimed that the other, after accidentally smothering her own son while sleeping, had exchanged the two children to make it appear that the living child was hers. The other woman denied this and so both women claimed to be the mother of the living son and said that the dead boy belonged to the other.

After some deliberation, King Solomon called for a sword to be brought before him. He declared that there was only one fair solution: the live son must be split in two, each woman receiving half of the child. Upon hearing this terrible verdict, the boy's true mother cried out, "Oh Lord, give the baby to her, just don't kill him!" The liar, in her bitter jealousy, exclaimed, "It shall be neither mine nor yours—divide it!"

Again, thank goodness. That case didn't come to courts in India. They would have delayed it for 13 years. The child would have become a teenager. Then, both mother try to disown the teenager, for the trouble they are gonna give to the parent.

Let Salman Khan go. At least for economical reasons. That is how Indian media look at this case; one channel said 200 crores; another said 250 crores.

The current India is all about vikas; development; economic development. Indian cannot afford to drain 250 crores at this point of time. Subka saath; subka vikaas.

Put a heavy fine on this case; let those producers pay.

But one thing; collect the fine and don't give it to Government of India. Use it for the Judicial Branch. You need modern equipments; don't delay any case in future. Invest all these fine amount on infrastructure of Judicial branch.

In fact, the entire Bollywood would go on a world tour for your cause and collect huge wealth; Dollar tho dollari hai. Buy good equipments; hire good professionals; invest on court system.

Modern times; modern world; modern crimes demand modern equipments.

Right now, you don't have simple மனுநீதி சோழன் ஆராய்ச்சி மணி
You don't have high speed computing equipments.

Total judicial system is ineffective. This is a golden opportunity. Make the best use of this opportunity for the Vikaas of Judicial Branch in India. Get a commitment from entire Bollywood to do a world tour for your cause.

It is a black mail; but who cares. Right now, it is all about Vikaas; no Value.
Value system is gone forever from India.
Vikaas system is going to stay for ever.