Kejriwal's basic thesis in this book is that the solution to India's problems is that power, which is presently in the hands of politicians in Delhi and big businessmen, should be transferred to gram sabhas and mohalla sabhas.
Everybody with even a little knowledge of social realities knows that most gram sabhas ( though not all ) are corrupt and casteist bodies, usually dominated by big landlords, kulaks and/or money lenders, either directly, or through their henchmen. So also are mohalla area sabhas ( by whatever name called ). Those who dominate in such bodies usually work for themselves, by getting gram sabha land allotted to their family members or henchmen, or doing other misdeeds, and not for the welfare of the villagers as a whole.
In the Supreme Court I gave a judgment, Jagpal Singh vs. State of Punjab, 2011 ( along with Justice Gyansudha Mishra ) it was mentioned that in many states.almost all of the gram sabha land, which was meant for the common benefit of the villagers for various purposes, has been surreptitiously allotted to, and occupied by the gram sabha pradhans or other office bearers of the gram sabha, or their relatives or henchmen. Quoted below is an extract from that judgment :
" Since time immemorial there have been common lands inhering in the village communities in India, variously called gram sabha land, gram panchayat land, (in many North Indian States), shamlat deh (in Punjab etc.), mandaveli and poramboke land (in South India), Kalam, Maidan, etc., depending on the nature of user. These public utility lands in the villages were for centuries used for the common benefit of the villagers of the village such as ponds for various purposes e.g. for their cattle to drink and bathe, for storing their harvested grain, as grazing ground for the cattle, threshing floor, maidan for playing by children, carnivals, circuses, ramlila, cart stands, water bodies, passages, cremation ground or graveyards, etc. These lands stood vested through local laws in the State, which handed over their management to Gram Sabhas/Gram Panchayats. They were generally treated as inalienable in order that their status as community land be preserved. There were no doubt some exceptions to this rule which permitted the Gram Sabha/Gram Panchayat to lease out some of this land to landless labourers and members of the scheduled castes/tribes, but this was only to be done in exceptional cases.
4. The protection of commons rights of the villagers were so zealously protected that some legislation expressly mentioned that even the vesting of the property with the State did not mean that the common rights of villagers were lost by such vesting. Thus, in Chigurupati Venkata Subbayya vs. Paladuge Anjayya, 1972(1) SCC 521 (529) this Court observed :
"It is true that the suit lands in view of Section 3 of the Estates Abolition Act did vest in the Government. That by itself does not mean that the rights of the community over it were taken away. Our attention has not been invited to any provision of law under which the rights of the community over those lands can be said to have been taken away. The rights of the community over the suit lands were not created by the landholder. Hence those rights cannot be said to have been abrogated by Section 3) of the Estates Abolition Act."
5. What we have witnessed since Independence, however, is that in large parts of the country this common village land has been grabbed by unscrupulous persons using muscle power, money power or political clout, and in many States now there is not an inch of such land left for the common use of the people of the village, though it may exist on paper. People with power and pelf operating in villages all over India systematically encroached upon communal lands and put them to uses totally inconsistent with its original character, for personal aggrandizement at the cost of the village community. This was done with active connivance of the State authorities and local powerful vested interests and goondas. This appeal is a glaring example of this lamentable state of affairs."
Apart from the above, Mr. Kejriwal does not mention how he intends to solve the massive economic problems facing the country, which is basically because of the massive poverty and consequential lack of purchasing power in the Indian masses ( see my article ' World Economic Recession ' on my blog justicekatju.blogspot.in and on my facbook page ). In fact Mr. Kejriwal has no ideas about this
Watch this, then visit if you can. Might just learn something about your country & fellow countrymen: http://youtu.be/1MIOyK1wzTg
ReplyDeleteWith due respect to Justice Katju, the analysis misses two important points, briefly stated below. 1. Transparency of decision-making and strict enforcement of anti-corruption measures at all levels accompany Swaraj. 2. Poverty is rooted in lack of jobs and in turn related lack of training/education. Add to it the hardships in creating businesses easily and honestly, and lack of infrastructure. Our economy doesn't have demand side issues. Per Kejriwal, government's role is to provide skills/education to people, remove hurdles to creation of businesses, and provide necessary infrastructure including incubation for entrepreneurs. We have no dearth of talented entrepreneurs who will start creating jobs swiftly. (Please refer to details on Delhi Dialogues and other forums).
ReplyDeleteThis Kejriwal is the dirtiest breed of politician India has seen after Laloo and Mulayam. I have a reason to say so. He does it know what he is even speaking. The biggest lying hypocrite I have ever seen. Takes a moral high ground on every issue and when he and his party members are caught doing the same thing, he justifies it by saying "others also do it"
ReplyDeleteLast year he was blabbering about Janlokpal and Swaraj. When was the last time did u hear these two words from his mouth ? Then during LS elx he was seen towing the bogey of secularism and communalism and how stopping 'communal' BJP was more important than stopping 'just corrupt but secular' congress.
Now he is talking about jobs and development because people now don't give two hoots to Janlokpal and secularism, they want good governance and respite from inflations and jobs for their kids.
This guy has no ideology, I have never seen a more power hungry low life than this guy. I hope Delhi people don't get into FREE FREE FREE schemes and instead vote for governance and development which he or his party cannot deliver for sure.
KATJU SAAB- HERE IS YOUR CHANCE TO CONTRIBUTE TO THE INDIAN JUDICIARY - YOU WORDS WILL HAVE WEIGHT - PEOPLE ARE REMEMBERED ONLY FOR THEIR CONTRIBUTIONS - REST LAND UP IN THE GARBAGE BIN OF THIS PLANET - IT PAINS DESH BHAKTS WHEN TERRORISTS PRAISE THE INDIAN JUDICIARY ..
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SUBJECT : Man gets month in jail for defaming judiciary on social networking sites .
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http://timesofindia.indiatimes.com/city/mumbai/Man-gets-month-in-jail-for-defaming-judiciary-on-social-networking-sites/articleshow/45340146.cms
OUR CONSTITUTION ALLOWS EVERY CHILD OF BHARATMATA TO EXPRESS HIS POINT OF VIEW .
IT IS DUE TO THIS FUNDAMENTAL RIGHT, THE PEOPLE OF INDIA WERE ABLE TO REJECT THE JUSTICE BANNERJEE RULING THAT A HINDU WOMAN SET THE RAILWAY COMPARTMENT S6 OF SABARMATI EXPRESS ON IRE AT GODHRA .
THE LAWS PERTAINING TO CONTEMPT OF COURT MUST BE REPEALED .
THESE LAWS WERE INTRODUCED BY THE OWNER OF BRITISH EAST INDIA COMPANY GERMAN JEW ROTHSCHILD TO SUBVERT THE SYSTEM USING HIS PET JUDGES , WHOM HE KNIGHTED .
nowadays the judiciary wants to executive/ legislative pillars to speed up - when in reality the pillar of judiciary is slowest - cases are pending for 3 decades .
are the judges god ?
do they not see how much PM narendra modi is taking daily ?
YET IF YOU DONT CALL A JUDGE MeLORD - HE WILL TRY TO PUT YOU IN JAIL FOR CONTEMPT OF COURT .
Recently we had a HC judge who slapped contempt charge against entire editorial staff for false report .
THIS TYPE OF SAVE MY SON THING BY A JUDGE FATHER , DOES NOT AUGUR WELL FOR BHARATMATA OR THE INDIAN CONSTITUTION !
http://timesofindia.indiatimes.com/city/delhi/HC-judge-slaps-contempt-charge-against-entire-editorial-staff-for-false-report/articleshow/44943755.cms
CONTEMPT OF COURT POWERS OF MELORD MUST NOW BE ABOLISHED FOR GOOD , USING THIS INCIDENT AS A SPRING BOARD .
TELLING THE TRUTH, TO SAVE BHARATMATA IS NOW DEFAMATION AND HATE SPEECH -- MIND YOU WE HAVE JUST COME OUT OF 800 YEARS OF SLAVERY .
FOREIGN FUNDED DESH DROHIS ARE RUNNING WILD IN INDIA .
DESH BHAKTS CANNOT DARE TO EXPOSE DANGERS THE WATAN IS FACING .
THE INDIAN JUDICIARY IS GUILT OF SEVERE OVER REACH IN RECENT TIMES .
THEY ORDERED INTERLINKING OF RIVERS WITH A DEADLINE -- WHEN THEY ARE JUST ONE PILLAR AMONG FOUR OF INDIAN DEMOCRACY .
THEY SET THE BAIL LIMIT OF TEN THOUSAND CRORES FOR THE SAHARA SUBRATA ROY CASE .
OUR CONSTITUTION AND OUR LAWS DO NOT ALLOW THIS .
WE NEED TO PULL DOWN THE PILLAR OF JUDICIARY AND ERECT IT AGAIN, USING JURY SYSTEM .
KARUNANIDHI EVEN HAD HIS PET DALIT JUDGE ASHOK KUMAR , WHO CRIED WHEN KARUNANIDHI WAS ARRESTED , ASKING, IS YOUR HEART MADE OF MUSCLE OR MUD !!
In USA contempt of court , long ago fell foul of the 1st Amendment and is dismissed as ‘ English foolishness’ - it was contempt against a JEW ROTHSCHILD APPOINTED JUDGE actually .
In UK there is NO contempt of court since the 1930s--and was formally abolished a year ago .,
The power to punish for contempt was necessary to “secure public respect and confidence in the judicial process”--but in India WE THE PEOPLE who are supreme , do NOT have the respect anymore.
We must bring back the JURY SYSTEM which was abolished after justice was hijacked by RK Karanjia to save a fellow Parsi naval commander Nanavati, who killed his wife's lover Ahuja--which also catapulted the lawyer of Ahuja Ram Jethmalani to the national stage . .
Capt ajit vadakayil
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This comment has been removed by a blog administrator.
ReplyDeleteSUBJECT : Army says won’t recruit Haryana’s molester duo .
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JUSTICE HAS BEEN SUBVERTED .
THE UGLY MIDG#T ROHTAK SISTERS SETTLED OLD SCORES USING A FOUL BO0BY TRAP .
THE INCIDENT WAS CREATED AND VIDEO TAPED .
WE WANT THE ROHTAK SISTERS TO BE PUNISHED .
THIS IS PART OF A HELEGIAN DIALECTIC , TO CREATE GENDER TILTED LAWS (WHICH CAN EVEN PUT PM MODI IN JAIL BY SNOOPGATE ), LEGALISE PROSTITUTION AND TO ABOLISH KHAPS .
THE VIDEO SHOWS THE ROHTAK SISTERS ATTACKING THE BOYS - I HAVE SEEN THE VIDEO A DOZEN TIMES . NOT ONCE DO THE BOYS HARM THE GIRLS WHO BUSHWHACKED / AMBUSHED THEM .
THE BENAMI MEDIA IS IN CAHOOTS .
WE WANT MODI TO ASK THE HARYANA CM WHY HE ANNOUNCES CASH AWARDS AND BRAVERY AWARDS FOR THESE LYING UNCOUTH GIRLS .
KHAPS MUST HANDLE THIS CASE, AS ONLY THEY CAN PROVIDE FAIR / FREE / INSTANT JUSTICE .
THE DEFENCE MINISTER PARIKKAR MUST ORDER THE ARMY CHIEF NOT TO ALLOW THE FOREIGN SUPARI FED PRESSITITUTES TO PUT THEIR TOP BRASS IN THE WITNESS BOX , EXTRACT CONCESSIONS AND PUT WORDS INTO THEIR MOUTHS .
KYA HO RAHA HAI ?
ARE WE STILL BEING RULED BY THE WHITE MAN ?
punch into Google search -
. HEGELIAN DIALECTIC, THE CANCER ON THIS PLANET VADAKAYIL .
capt ajit vadakayil
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In a debate (issue was media report of killing 39 Indian in Iraq) AAP Spokesperson said "मोदी को अन्य देश न जाकर इराक जाना चाहिए था और आईएसआईएस की छाती पर बैठ कर कहना चाहिए था कि लाओ मेरे भाईयों को सौंपो." These stupids don't know little bit about any matter. Totally inexperienced. Just ignore them.
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