English 435347
English 435347
English 435347
Web Nagar
High Court Assistant Mains (English)
Speedy administration of justice is the one aspect that hurts the common man most. In a
malfunctioning democracy, judiciary is the last refuge for the redressal of one's problems,
"Something is rotten in the State of Denmark." It is ass true of India as Hamlet had remarked about
his own country. It is horrifying to note that 70% of those in Jails are made up of under trials
awaiting justice. It is estimated that approximately 3 crore cases are pending in our courts. As per
figures available
lable till 2015 there were 1.94 crore criminal cases pending as opposed to 76 lakh civil
cases. Around 5 lakh murder cases form part of the pending criminal court cases. Around 61300
cases were pending in the Supreme Court alone till 2015. The causes for tthe increase in pending
court cases must be addressed fast. The enormity of the job calls for filling in the vacancies, making
new appointments, constitution of Fast Track Courts and curtailment of lengthy vacation in the
judiciary. The government is determined
determined to reduce the average life of a litigation from 15 to 3 years.
Computerisation of court records, quick action at the end of the police and constitution of Rural
Courts are the other steps that are proposed for clearing the backlog of pending cases.
Thee other field that needs immediate remedial measures is the unfair privileges preserved by
the judiciary for itself. The Chief Justice of India constantly maintained that his office did not come
under transparency law and therefore it was not required to give give information like disclosure of a
judge's assets. A situation arose when the Delhi High Court held that Chief Justice of India is no
less accountable than the judicial officers of the Lower Court who are bound by service rules to
declare their assets. The
he High Court stated that the judicial independence of an individual judge was
not the personal prerogative of the individual judge. Though most of the judges of the Supreme
Court and High Courts declared their assets voluntarily, their declaration of asse
assets, in fact, should be
governed on a regular basis by a set of service rules because the Chief Justice of India is a public
authority and his office is subject to the purview of the Right to Information Act.
In view of the unhealthy practices in both lower and higher judiciary, the government has
decided to do with the present system of appointment and transfers of judges. Presently, the
Collegium decides the transfers and appointments of the judges of the Supreme Court and High
Courts. National Judicial Appointment Commission (NJAC), however, was proposed to replace the
Collegium system for appointment. But a constitutional bench of Supreme Court upheld the
Collegium system and struck down the NJAC as unconstitutional. The Judges' Standards and
Accountability Bill, 2010, seeks to allow common man to file complaint against judges and also
provides crucial right to the Government to investigate the complaints against judges.
Judicial Reforms are essential for a civilised society with a view to achieving overall
development. The Law Commission submitted a report in August, 2009, wherein it suggested
exhaustive reforms so as to take justice to the people and ensure that all people have equal access to
justice. There has been acrimonious debate between the Judiciary and the Legislature about their
respective primacy. It does not speak well of Indian Democracy. For the common man, it is
immaterial who is who. What matters most is that both are vital parts of a democracy. Despite the
blemishes in Judiciary, it is still the only oasis in otherwise chaotic state of democracy. The scams
relating to Common-wealth Games and 2G Spectrum have been brought to logical conclusion under
the supervision of the Supreme Court.
In fact, the success of democracy requires enlightened electorate. So far we have been
complimenting our people for continuing electoral process since the first elections in the country.
But the fact is that with massive illiteracy and politically ignorant masses we do not have quality
democracy. Elections are fought on caste, community and religious lines. Elections are not over
wider issues of corruption, terrorism and economic issues. It is said that even Nehru had to find a
safe Muslim dominated constituency for Abul Kalam, our first Education Minister. Today our
political leaders win elections by money and muscle power. Crime in its worst form is at full play.
In our last general elections in 2014, our democratic process threw up 186 elected MPs with
criminal records. Cases against 1/3rd of the winners were registered or pending. About 82% of the
MPs were fabulously rich. The politics of communalism and muscle power supported by money is
at its ugliest.
Our election process during the course of time has thrown up many flaws. Bureaucratisation
of politics, rewarding the Election Commission by giving them political posts post-retirement,
dependence of Election Commission on the centre to a large extent, identity politics, remission of
loans, reservation to communities ahead of elections are sessions flaws. Above all, we must take
stringent measures to reduce the political parties and make our democracy a two party system.
There are a number of leaders strolling on periphery of Indian politics waiting a call by the ruling
party to bale it out. In the bargain inquiries against them are either suspended or closed. These
leaders are those who have been rejected by the people on criminal, financial or political grounds. A
strict law should be passed so as not to allow them to join government at any cost. For the last few
years, they are having a field day. The people perceive them to be cheer leaders of corruption,
communalism and ugliest part of democracy. The best remedy lies in their retirement. We should
fix a tenure for our leaders to give up politics at a certain age. The shortcomings of our electoral
system have been virtually institutionalised.
Our Constitution is a sacred document, our democracy is ideal one, our voters cherish a
dream of good fair and honest governance. Then where have we gone wrong ? Only the wholesome
process of elections is the panacea for the ills of our democracy. What about human shortcomings-
the ignorance of the people. The poverty, unemployment, illiteracy in the country which made it
impossible for democracy to flourish quality democracy. We have just managed to survive as
political entity. Inefficiency of our political system has spread disillusionment among the people.
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3. National Language of India (ભારતની રા ીય ભાષા)
India is a country without a National Language. Article 351 says that it is the duty of the
union to promote the spread of Hindi language so that it may serve as a medium of expression for
all the elements of the composite culture of India. But nowhere Hindi has been mentioned as the
National Language.
Article 343 of the Constitution says that the official language of the Union will be Hindi.
Watch out, Hindi is an official not a National Language of India. Hindi as the official language was
vehemently opposed by non-Hindi speaking states. The opposition turned violent and English was
allowed to serve as official language for 15 years. Later on the act was amended in 1967 to allow
continuation of the use of English for official purposes. We have 22 state languages included in
schedule VIII of the Constitution. India being a multilingual country, there is no National Language
as such. Large states with non-Hindi speaking population proved a destructive hurdle in the spread
of Hindi. They heaped contempt and spurned Hindi and treated it as an imposition of the rule from
the North over South. In recent years, the prejudice against Hindi has deepened instead of abating.
What an irony! They had no objection against a foreign language. The All India Council for
Education in 1956 recommended the adoption of the three language formula. It was adopted as a
programme of action by the Parliament in 1992. The lack of political will, opportunistic and
divisive kind of politics failed three language formula. The formula, if followed sincerely, would
have developed Hindi and helped it to take its rightful place.
Amidst this chaos English has flourished and endured. It is not wrong to say that today it is
unofficially the National Language. It is Lingua Franca for success. There is a great demand for
English education in India. The poor have taken up the challenge because they know that
knowledge of English is a passport to success in the economic and social sphere.
The Census 2011 data are quite revealing. The English speakers in India out number those in
Britain. We have more English speakers than twice the UK population. Hindi with 551.4 million
speakers tops the list of speakers in any language in India. Data collected by the National University
for Education Planning and Administration show that demand for English as a medium of
instruction has risen by 150%between 2003 to 2008. So English has stolen march over other
languages and become the second largest medium in India's primary schools after Hindi.
There is no escaping the truth that every parent has a longing to send their children to
English medium schools. They know that only English can provide access to better jobs. What is
more, English is probably the only language which is spoken all over the world and has taken roots
in the soil of India.
There is nothing to write the official regional languages. Rather it is to be pitied that Indian
children of every shade and hue are struggling with a foreign language at the grass root level. That
we are deprived of our rich culture is quite disappointing. The compulsive need for economic
empowerment has led us away from our spiritual urges. Little wonder, our basic needs have driven
us to accept a world where English reigns. There is no ambiguity in the statement that "without
knowledge of English, progress for a middle class or poor young men is a far cry".
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However, culturally and spiritually we are losers. Western values have overtaken us and
being an Indian in the real sense is no longer a matter of pride. In fact, retention of English language
has had adverse effect in that it has taught us to think like a Western. Undoubtedly our contact with
English has made us liberal. But it is ironical that our has not been able to protect its heritage.
India has the richest collection of great works of art and architecture. But inheritance has
fallen apart for lack of study of Hindi and Sanskrit. Political factors have denied the status of
classical language to Sanskrit. If modern culture has overwhelmed our valuable traditions it is
because there is no vehicle to propagate our own traditions.
Today India is engaged in redefining morality regardless of our past values and cultural life.
Whenever we try to talk of our past heritage, the secularists term it as the saffronization India. This
is the most perilous and confrontationist attitude of those in power. National Language is the most
suitable mode of expression of our cultural heritage. No culture can flourish without a National
Language. Past cannot be modified and improved by the present because there is no National
Language in India. Our own culture rooted in our traditions is likely to go extinct soon.
Our newspapers are protected against action in the courts for publishing the proceedings of
parliament. There are many acts to protect freedom of the press. However, there is no law that
restrains the press from publishing information which may be considered as an invasion of the
privacy of private citizens. Indian newspapers generally recognise citizens rights to privacy. Then
there is the Press Council of India that was established in 1966. It looks after preserving the
freedom of the press and raising standards of newspapers, magazines and news agencies by
developing a code of conduct. But electronic media does not come under the purview of the Press
Council of India.
The government is expected to limit its freedom in due course of time. The press is the fourth
estate of any democracy in the world. Free press is a reflection of public opinion and also the plans,
policies and programmes of the government. Press is like a barometer. It shows the rise and fall of
the fortunes of the ruling class. No doubt free press builds the bridges of understanding between the
people and the govt. The press is supposed to expose the misdeeds of the govt. through fearless and
impartial expression.
The days are gone when a newspaper would force a corrupt minister to resign overnight. The
newspapers of today are willing tools. They join in chorus to defame a person who dare to point at
the dishonest dealings of the government. They are no more voice of the people. On most of the
national problems they spread misinformation among the people. They seem to conceal more than
expose when it comes to the powers that matter. A few newspapers and channels have taken upon
themselves to see that the opposition parties should be represented in unfavourable light. Each to be
the member of some families of the government in power. They never question the apparent
motivated investigations of the premier agencies. Electronic media has entered the bed-rooms of the
people.
Trial by media is at once a function of an accuser, a prosecuter and a judge. The victim dies a
social death long before the decision of the court. The general perception of the people is that the
fourth pillar of democracy alone is preventing the government from sagging. Our press is not only
free but enjoy licence to write arrogantly, advising the ruling party how to win elections. This is not
journalism, enlightened, corrective and informative. Apart from the editorial we read for views of
the press, their headlines and bylines exhibit worst kind of prejudiced reports. We do not have
illustrious journalists of the past-free, frank and fearless.
Freedom of press should not be considered as a licence to write and say anything against
anybody. A free press is supposed to provide free flow of knowledge. Even a free press is supposed
to have its code of ethics and conduct. They must not act against the national interests. It is
misconstrued that press is omnipotent. It must not indulge in witch-hunting. Instead it should
provide free and impartial knowledge and healthy criticism of the activities of the politicians. It
must not indulge in yellow journalism and assassination. The role of Indian press has been
praiseworthy and it has done a remarkable job in exposing scams and scandals in defense and other
deals.
But the dubious kind of journalism such as Tehalka erodes the credibility of the press. With
the advent of cable TV and foreign channels citizens must be vigilant to see through the designs of
the reporters and the quality of reporting. Just as press needs to be vigilant, the public should also be
discriminatory in analysing the truthfulness of the news or otherwise. An enlightened readership is
the greatest restraint on misrepresentation of the facts by the information media.
Divide and rule is perhaps the best that Indians could learn from their erstwhile masters.
Factionalism is the bane of Indian society. Religion, nationality and principles of secularism are
expected to generate harmony in society. It is a stark tragedy that these very ideals have been
exploited to divide people to perpetuate dynastic rule for over about 65 years.
Linguistic diversity divides a nation in terms of regional languages. India has no national
language of her own. After independence, state organisation was undertaken on the basis of
languages. Hindi is not acceptable to southern states. English finds no mention in the VIII Schedule
of our Constitution. Yet it is a pity that it has taken the role of our national language.
For genuine national integration, the fruit of economic development should be shared by
each and every section of the society. Otherwise the have-nots never think in terms of National
unity. Tension and sense of injustice among people is bound to hinder the progress of national
integration. Economic development and removal of economic disparities play a vital role in the
interest of national integration. Therefore, economic integration will certainly lead to national
integration. There must be psychological, emotional, cultural and economic integration among the
masses. This implies that people must change their loyalties from petty issues to the nation as a
whole. Who lives if India dies?
This kind of awakening is essential. With hostile neighbours on our borders, we must
understand that united we stand; divided we fall. As a matter of fact, India was never a nation with
common national fabric to unite people. However, a sense of national unity is not entirely inherited.
It has to be constantly guarded against and zealously pursued. It is necessary that spirit of unity
should be inculcated in the minds of youth through education. Above all, our political leaders
should realise that time is running out for the nation. They must think of India, and not of their
loaves and fishes. National integration does not mean imposing uniformity or removing differences
of identity.Education of the youth on the right lines can bring about national unity based on
emotional integration.
Contracts and licences were sanctioned to the relatives, friends and those close to the ruling
party. The dream of freedom had started turning sour when politicians shunned morality in public
life. In fact value based politics was given a good bye. The bureaucracy joined in merry making and
minted money at their will. Those who were willing to do the bidding of the politicians grew richer.
Prime lands in the Capital were allotted to them. In fact the looting and plundering started the day
India won freedom. The so called freedom fighters turned into vultures living on the flesh of poor
men.
When the attention of the first Prime Minister Sh. J.L.. Nehru was drawn to the misdeeds of
the politicians and bureaucrats, he brushed aside the patent fact. He had just to say, that corruption
was a worldwide phenomenon. What a pity! A nation at birth was mired in the muddy waters of
corruption.
Apart from these political and economic changes, even the changed social values also
contributed to the rampant corruption in the country. Lure for money, status and achievement of
ends at every cost are some of the factors responsible for spreading corruption. The worst kind of
corruption has been in the form of scandals and defense scams. It is the most shameful aspect of our
national character.
Narcissim of the political class is to be wondered at. In 2014, general elections our elected
186 MPs with criminal records. Mega scandals such as Satyam, Wolker Commission, Bofors, 2G,
Common-wealth Games scandals, stashing away of black money in tax havens are the few scams
that would have toppled many a government and sent a number of leaders to jails in any other
country. No wonder then, India ranks near the bottom of International Corruption Index.
Over 68 years of independence are mired in corruption, scams, scandals and stashing away
of national income in foreign tax havens. Now, at least leaders should understand the mood of the
public. The country needs meaningful change in governance. Anna Hazare has come to symbolise
the voice of the people. The crowds all over the were on the roads to protest against corruption
following the clarion call given by the social activist Anna Hazare.
While Anna Hazare was on fast in August 2011, the political leaders of every hue and shade
showed remarkable unity in meeting his threat by calling Anna's challenge to Parliament as a threat
to democracy. His call for reforms was termed anti-national and anti-constitutional. Now, that the
Anna Movement has lit the spark for strong authority over the politicians, it is for the people to
arouse themselves in support of a strong Jan Lok Pal Bill. The public servants (a name given to the
politicians by Mahatma Gandhi) should rise above personal ambitions and serve the people in the
spirit of social service.
Where does the solution lie? Just as a country gets the government it deserves, similarly
every country gets the leaders it deserves. After all the leaders are a part of our own society.
Therefore, silence and indifference of the people would silently encourage corruption. People
should rise to the occasion and demand a probe into the politician's financial transactions that have
made them billionaires. The system cannot be cleansed by half hearted means. Each political party,
leader, bureaucrat and businessman should be forced to give account of their financial status. Those
found guilty should be legally punished and voted out of power. Let public should be the arbiter of
the destiny of the people.
It is ostensible that no political leader is willing to show political will to bring the
investigations to a logical end. They can talk and indulge in breast beating but not expose the facts
of corruption. The fact deserves the attention of the people as to how all the political parties got
united in objecting to the verdict of the Supreme Court. They objected to filing the detail of their
assets, sources of incomes and their criminal records at the time of filing nominations. Worse,
Judiciary is in collusion with corrupt politicians and bureaucrats. Criminals in public life are ruling
the roost. In present circumstance no light is visible at the end of the tunnel.
Right to Information Act was passed on 15th June, 2005 and came into force on 13th
October, 2005. It is expected to usher in a new era in the process of governance and performance in
the corruption ridden Indian Polity. It has the widest reach covering Central and State Governments,
Panchayati Raj Institutions, Local Bodies and Government funded NGOs. Even the Judiciary has
been put under the purview of Act. On these lines state information commissions have been set up
at Central and State levels. The RTI Act, 2005 seeks to override the Official Secrets Act 1923 and
replace the old Freedom of Information Act. This Act provides 30 days deadline for providing
information. However, the deadline is 48 hours, if information concerns life and of a person. All the
citizens are entitled to any kind of information.
The procedure for securing information has been clearly laid down. First appeal has to be
made to the superior of Public Information Officer referred as Appellate Authority. In case the
information is not forthcoming, one can appeal to the Information Commission. To make the RTI
Act effective penalty for delay in providing information without reasonable cause shall be 250 for
each day up to the maximum of 25000. Thus, the most important feature of the RTI is the
independent appeal mechanism.
The RTI Act provides for access to extensive information with minimum exemptions. There
is no denying the fact that the benefits of growth would flow to all sections, eliminate corruption
and improve the much needed quality of governance. It is hoped that the concerns of the common
man will be addressed by the government in a fair and just manner. Thus, the access to information
would strengthen Indian democracy. The Right to Information Act is really going to change the way
of governance. However, every thing is not rosy about RTI. A survey was conducted by RTI
Assessment and Analysis Group and National Campaign for People's Right to Information. Few
would dispute that the RTI Act is one of the most people friendly legislations. But road to accessing
information remains difficult. 40% of rural Information seekers complain of harassment. Over 30%
of Public Information Officers admitted that they did not know the Act's provisions.
Any attempt to dilute the act might send a wrong signal. The government seems to have
made their intention clear to amend the RTI Act. They have already mooted amendments to exclude
file notings from disclosure and maintain anonymity for officials. The agitation led by social activist
Anna Hazare and present Information Commissioner might deter the government from diluting the
Act. There is already a long list of exemptions attached with RTI Act.
Religion is a personal affair that has nothing to do with public matters including politics.
Religion is a force that teaches man the norms of humanity, tolerance and spirit of charity. On the
other hand politics is a means to achieve wordly power. But the prevailing political culture has
polluted the social and moral standards of politicians. They use religion as a potent weapon to rouse
and inflame the religious passions of the people to achieve their political ends.
After independence, India adopted a secular form of polity. We have specifically provided
for religious freedom to all religions to propagate their religions. Right to freedom of religion is one
of our Fundamental Rights enshrined in Articles 25, 26, 27 and 28 of our Constitution. Then where
have we gone wrong that today every religion in India is politicized ? In this context the Indian
polity presented a very dismal picture from the very beginning while our leaders professed
delinking of religion from politics, they created the bogey of majority ruling over the minority. In
this clandestine manner they continued to keep their hold on the Muslim vote bank. It is historically
true that Nehru was in search of a safe constituency dominated by Muslims for Maulana Abul
Kalam Azad. The haven for him was found in Rampur (UP).
However, Indian politics has suffered in the process. Today political atmosphere is charged
with communal divide. It is not out of place to mention that the communal divide has become so
alarming in the country that the integrity and the unity of the country is at peril. The nation is often
caught in communal conflagrations and killings and burning of properties. During communal riots
the people of different religions are converted into a blood thirsty mob.
As a matter of fact the country was divided on communal lines right in the year 1909 when
Minto-Morley reforms were introduced. The Muslims were granted separate electorate. Two nation
theory propagated by the Muslims was obviously welcome to the English. Again the country was
partitioned on communal lines. Then how can one expect that the Indian politics will remain free
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from religion. The political conditions in J&K have further aggravated communal tension in the
country.
The atmosphere in the country is already charged with religious tension. Religion and
politics relationship poses no threat to country's polity as long as politicians do not misuse religion
for their political ends. The problem of is peculiar to India because of parliamentary form of govt.
How is it possible to delink religion and politics particularly in a country like India?
"Religion is my heart and soul above my economic activities. What do we mean mixing
religion and politics" said Gandhiji. Gandhiji was a secularist but a staunch Hindu. Nobody objected
to his being a Hindu because he loved man, not his religion. What about our modern politicians?
The root cause of what ails our country lies with politicians
Media is equally responsible when it sensationalises the news relating to discord between
religions communities. Deaths, rapes or any other irreligious act is identified by the name of caste
and religion. Communal harmony among the people means the banishment of wily politicians. India
needs a sagacious leader at the top who should bring about healing to festering sores of Indian
society. Opportunistic politicians which are unscrupulous in the matter of money and human lives
must be dealt with a final blow. Religion and politics are a fatal cocktails that go to the heart of
those who practise this heady combination.
The truth is that the last fifty years have witnessed some essential changes in the status of
women. National Commission for Women (1998) was established as watch dog to protect their
rights. The Hindu Code Bill (1956), Hindu Succession Act, Anti Dowry Act, Equal Pay
Requirements, Right to Divorce all these laws have been formulated as corrective steps for their
empowerment. There are number of laws to correct gender bias at grass root level. 73rd
Amendment (1993) to the Constitution has provided for reservation of seats for women in the
Panchayats. Today women empowerment is an important feature in our plans at every level.
Women's Reservation Bill is expected to be passed in the Parliament very soon. It was introduced in
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Rajya Sabha as 'Women's Reservation Bill 2008' (108th Amendment) to provide reservation of one-
third of all the seats for women in the legislature at centre and states level. The bill has been passed
in the Rajya Sabha on 9th March, 2010, but is pending in the Lok Sabha. When passed, the bill
would spark of thousands of opportunities for women to show their skill at decision-making level.
"Tum yahaan aa jaogi to roti kaun banayega", wondered a male MP and asked a fellow
female MP. This is the crux of the problem and sums up the attitude of men in a male dominated
society. Patriarchal attitude and traditional norms of our society are a great obstacle in the path of
women's empowerment. Many fear the proliferation of Lalu-Rabri syndrome as has been witnessed
in the case of Panchayat Raj System.
The Indian women have played a silent and self-effacing role in sustaining Indian
civilization. Since Independence with the support of law they have steadily but surely progressed.
Fortunately, the question of women empowerment has captured the imagination of the nation and it
is quite encouraging.
Child labour means lost childhood. Childhood is the most sensitive part of the life of every
human being. The impressions received in this period of life are indelible Psychologically, the
character of a person develops during this part of life. Wordsworth has wisely stated, "Child is the
father of man." Children, all over the world, are the future of mankind. What they get from society
today will be returned in the same coin when they are grown up. In addition to Universal
Declaration of Human Rights of 1948, our own Constitution provides certain rights to children and
prohibits child labour. Article 24 prohibits children below the age of 14 years from being employed.
Article 39 (e) and 39 (f) also take care of children. Article 21A added by the 86th
Amendment Act 2002, provides that state shall arrange for free and compulsory education to all
children of the age of 6 to 14 years. This very amendment has also added Article 51 A (k). It has
made incumbent upon parents or guardians to provide education to their children.
Education is the most potent tool to combat the evil of child labour. In 2010, the government
adopted Right of Children to free and Compulsory Education Act (RTE).The government is also
spending a lot on Mid-day Meal Scheme with a view to universalising primary education. For all
these measures, a study by Child Rights and You (CRY), reveals that 35 million children in the 6-14
age group are out of schools.
Compared to many developing countries, children form 5.2% of the total labour force in
India. Poor system of education and poverty are the two chief sources of child labour. Campaign for
'Common School System' blames the miserable and deplorable quality of education for increasing
Secondly, poverty forces children of all age-groups into work to supplement their family's
income. Sometimes parents mortgage their child's labour to local money lenders and wealthy
families. Moreover, child labour is cheap and safe. Children are trouble free and their wages are no
problem. Hunger and poverty drive these children to do any kind of menial or hazardous task.