Archives for the month of: March, 2017

If you compete with yourself, by comparing yourself with your yesterday personality, then  you can or may mark an ‘Advantage’ over you;

Then  ‘No corruption at all’ might exist!

By

Dr. Guru Balakrishnan B.A., Ph.D(Economics)., LL.B., LL.M (constitution and Contracts) etc

Professor (Emeritus);

Advocate of Bombay High Court (Original Side)

Cell: 9769699018:: LL.277400069: email: rapidanalysts@gmail.com

 

Introduction:

 

Kautilya (known as Chanakya) in 6th century BC innovated the idea of ‘competing with one’s own self’, as he found Mahapadmanandin .

 

a ‘Nanda dynasty’ Emperor Mahapadmanandin was  wasting and spending his lifetime in sexual orgies(like today’s politicians live on daily rapes and murders – (a 21st century phenomenon), but  safely and surely failed in the meaningful Administration of state of  Mahada (modern Bihar state ) at then having its capital city at Pataliputra (Modern Patna city), ‘never he listened to his own  Prime Minister – Rakshasa, a great advisor on state craft’, he tried to improve him but he could not that led to Nandin’s ignominous downfall, taken over by his own son , ‘Chandragupta Mouriya – of Mura community of then Bihar, thanks to strategic statecract planing by Kautilya , the author of Arthasastra ( modern day version of Economics – probably he the first book on Economics of any State;

 

Kautilya (‘Chanakya’ = ‘Smart (strategic thinker’) found, that Mahapadmana Nandin, had ‘a son’, with a ‘Chandalawoman’ -(lady),’ a (low ‘caste’ woman by birth);

 

and he abandoned that boy- then ‘Kautilya’ found an opportunity to do a dharma (rule of order); and took  care of him, in his aashram,  and adequately ‘well’  trained him,  in all  Martial Arts, relevant and suitable for a good King as such;

 

and also gave him appropriate  relevant ‘Administrative management  education skills’ to enable him to be a kingly virtuous boy, with the idea that he shall replace Nandin, at his prime age, as Kautilya found that the people of Magadh were severely suffering from all kinds of ‘indignities’ and  problems, as  their king Nandin, failed in his royal duties to the State assigned to him as a King;

 

after all then  ‘Kings are elected and made to ensure that the State is to be run on healthy lines;

and to ensure that  ‘all kinds of corruption’, is removed from the State, as early as possible,  being the Doctrine of sovereignty,

 

then that was ‘the idea of sovereignty prevalent in all those advanced civilizations’ right from Greece, Rome, why, even in ‘Mayan Civilization’ times on (say about 60,000 years ago from today) – why right from ‘Babylonean Civilization’ even followed in Indus valley Civilization in say 2000 B.C or so.

 

Fact is ‘Rome is not built in a day’ means, you need to build your own character on your own ‘self development mechanics’, as none can improve one’s own performance, –

 

just, by comparing with any other person;

 

meaning ‘Rome’ is ‘You’ only, you are yourself ‘such great city’ to be;

 

that way ‘you resemble like a  great city’, yourself, need to bulid yourself,

 

Never ever compare yourself with any other person; all comparisons are just odious;

 

however, great you are, or he is, is the ‘Doctrine of Invincibility’ of one’s own self’;

 

after all, you alone, –  being the  Master over yourself you  can masterly improve on yourself, by you initiating  better improvements, every day, by ‘self introspection’-  of what were you ‘yesterday’;

 

and what you want and how you want/wish to be ‘ treated’, as an ‘improved version of yourself’ today;

 

like that ‘every day’ yields for your own ‘improvement’, next day, to be, and to become tomorrows as ‘today’,everyday;

 

that way , ‘great thinkers like Upanishadic thinkers’ were made of, and accordingly ‘you need to move, ‘day in and day out’ everyday,  is the very fulcrum of what you will be today like ‘Rome’.

 

You need to know yourself very better everyday, that way Man realizes he is a ‘unique’ creation.

 

He is ‘so unique’, none can imitate him so too he cannot immitate others.

 

‘Idea of ‘imitation’ is just some ‘Hallucination’ of myopic perception,  taking place in your own ‘Mind’, day in and day out;

 

if you don’t understand this fact, naturally, you can never become ‘first class’ in anything;

but obviously you would be the ‘ abject’ ‘second class’ only

 

‘second’ means ‘you are not right  you’ to be the  ‘Unique person;’

 

Thus ‘you prove ‘time and again’ about your ‘falibility’ factor in you! ;

 

after all, ‘every move’ is by itself an ‘exploration’;

 

like ‘self-exploration’;

 

 

  • (like one scales Everest (like Tensing  Norkay, scaled the mount Everest then); or one who  found ‘South pole’ – ‘Ellis Rose’ (a Norwegian by his perseverence, every time he failed to scale South Pole – and he declared ‘Failure is sometimes greater than to Succeed’;

 

after all,  by ‘one’ (person) only can possibly  reach that,

 

‘Eminence ‘ or   ‘Pinacle’  –

 

You heard of Archer a King of Pandavas,   ‘Arjun’, who could only manage to succeed in a war based on  ‘Chakravyug’ that took place  in the Mahabharatha war;

 

– like one  in ‘Albert Einstin’ could find/discover the ‘Theory of Relativity’ ;

and like Madam Curie a twice Nobel laureate, (she did  get Nobel prize twice), as she was ‘first’ both times; so too her own daughter who too got a Nobel prize..in Physics;

 

If you are working ever till your end, why you will need ‘alms’ or why someone need give; if any gives he expects from you that expectation is corruption, depending upon degree of expectation.

 

How? Just because they did persevere to improve themselves by duly ‘sharpening their own intellect’, not by comparing with ‘any one’ – you could have noted if you observed them then.

 

Likewise  is sir C V Raman,  on the ‘Raman’seffect he could see in water itself! Millions of people use and see water how many could understand the very simple ‘water’; if you use a thing but fail to appreciate, naturally you are corrupt you need to know.

 

There are thousands of examples to quote.

‘None guides’; but you need to ‘self – guide’ yourself in the ‘art of living research’, so long as you live;  Possible if you work till you fall finally oneday for ever.

 

Purpose  of Sovereignty  is to ensure, there shall be No corruption of any kind in the State at all;

 

so for achieving that objective, people paid taxes and looked after the Sovereign, by ptoviding Military to protect the State from foreign aggression;

 

besides prime mnister with his cabinet to help the King to ensure  ‘Agriculture’ shall not suffer from any kind of disability;

 

like fresh water for irrigation and for drinking;

 

and to ensure the ‘rivers are properly’ tended and dredged year over years (YOY);

 

so that ‘no siltation takes place’, to ensure smoth flow of water for all necessaities of life;

 

as it was understood then,

 

‘Water is the Eixir of Life’ –

 

so, ‘for good water flow’, you needed good rains too;

 

so aforestation is taken up every now and then;

 

all kinds of vegetation is to survive, so that people get food at all times;

 

so that ‘None dies of starvation’, under any circumstances;

 

– in draughts, royal  free Choultries(Dharamsalas) at various locations are maintained;

 

free food and shelter is provided to people irrespective aliens too;

 

that means State shall ensure every one is provided for adequate shelter, food, and clothing, irrespective of caste, color, religion and the like;

 

All  prejudices are eshchewed  by one an all;

 

that way  ‘markets’ are also be maintained – where one can get all vital necessities down to luxuries of all kinds – that is the royal duty of the King,  

 

King cannot waste anything under any name, and he has to be  ‘duty bound’ to protect all ;

 

poor, needy, old, and disabled;

 

he shall never allow any ‘untimely’ deaths;

 

as life is considered ‘most sacred’ to be protected by the King as ‘his prime duty’.

 

King is one loved by one and all right from child to the old and disabled, besides aliens visiting the state –

 

state shall be be the ‘granary of the people’;

 

besides, he ensured that there shall be ‘No thefts, No  robberies or  rapes and so on;

 

that is, also the responsibility of the state;

 

that way  he ensued  None would attempt to steal anything that way :

 

‘No house is locked, there was No concept of locking doors of the entrance of the house of any level; even palaces and temples never locked.

 

State has to be ‘stately’ in all respects that was the responsibilty of the King ‘in ancient india’, why in countries like Greece, Persia, Egypt, Rome and the like,.

 

The duties of the king was ‘well defined unlike today’.

 

Today corruption of all kinds rampant.

 

Kautilya wanted that famed situation of state need to resurrect once again, as Nandins became corrupt of all kinds.

 

That way, Kautilya, also wanted ‘good hospitals’ be kept in good andd proper repair;

 

and maintenance with all kinds of good medical men and women;

 

besides, all kinds of ‘research’ activities undertaken in every useful sciences, as a basic state duty’

 

State provided funds needed enough for sciences and development in  – ‘every branch of useful  sciences or knowlege’;

 

Murders or Killings are  very rare then ;

 

every child when grown up need to take care of their parents

 

– as ‘Parents are then consaidered as the ‘ first living Gods to children.’

 

so parents were veneraated by one and all;

 

Even Kings used to repectfully bow before all  ‘aged persons’, out of veneration and great respect of their age and experience.

 

That way, life was safe and secure if there was a king, that way that character of Kningliness and royalty would be found in the progeny of the Kings;

 

that way ‘Kings Dynasties came into being and Nurtured;

 

after all ,every King would put himself at all kinds  ‘risk’;

 

nnd he would dutifully look after all the citizens.  

 

(Part 1 ends)

(To be continues)
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OLDAGE & DISABLED HOMES IN ALL LOCATIONS AND THE RELEVANCE OF  CORPORATE SOCIAL RESPONSIBILITY !

 

–  WHY NEEDED IN GROWING ECONOMIES?

WHY  GOVERNMENTS  NEED  TO DEVELOP MINISTRIES of OLDAGE & DISABLED CARE, IN ALL ECONOMIES?

 

By  Professor (Emeritus) Dr,Guru Balakrishnan,Ph.D (Economics)

 

 

Introduction:

 

Today World faces very important human problems. Also a lot of potential educated work force retire every year and join ‘retired persons’ groups all over the world – means ‘Knowlegeable persons’ go out of ‘work forces’ in every country, as we don’t have ‘Work till Death’, like in Japan, under socalled’job for tthe youth – forgetting ‘Experienced workforce’ is going out of use all over the world every year in bulk, but every day slowly under ‘retirements’ or ‘Voluntary retirements’ and then under ‘Compulsdory retirements’ –

 

– IS IT NOT A GREAT ‘BRAIN DRAIN FOR THE ECONOMIES OF THE WORLD, as MOST RETIREES GO OUT OF WORKING WORLD UNDER ‘SPURIOUS CLAIM SO CALLED ‘RETIREMENTS OR UNDER ‘PHYSICAL  DISABLED CATEGORIES? ARE WE NOT ‘IDLING THE USEFUL WORKFORCES UNDER SPURIOS IDEA OF “RETIREMENTS? HOW MANY MILLIONS OF HANDS GO OUT OF WORK, DUE UNIMAGINATIVE ‘GOVERNANCE” BY GOVERNMENTS?

 

We  know these- ‘old ageds and disableds’ are ideed full CITIZENS’ exercise citizenship rights of voting  the representatives in a common pool as a common pool, while these persons rights are not properly serviced by  the Governments worth the name?

 

It means, Old people and ‘physically diaabled’ vote you for what?

 

Is it for  ‘Just not to use  their talents, and to ‘kill them ‘ without basic needs and necessities of life and living till they move to RIP – rest in peace position’?

 

Obviously, ‘Democracy’ is for all old, young alike, all need to be looked after, as they are equally potential population, may not look for developing more children of their own, but they can contribute to the over all development of all, that is called ‘Natural Justice’, that one needs ti read in the Article 14 of the Constitution of India; this Article assures ‘equality ‘ to all, you can’t deny one set of people  is called  the doctrine of ‘Democratic Fundamentalism’.

 

Problem is Nobel economists forgot about all oldmen , as if,’they never become old or disabled’!

 

That led to  the ‘Worst disadvantageous Ommission’ of great potentially  experienced workforce to the very disadvantage of the World Economy as such,after all ‘Every learning’ is called ‘imortal knowledge’ base – like that Agriculture still survives, in all kinds of technological developments, for technology can never swallow the basic knowledge of ‘Agriculture’ for that matter any ‘Knowledge’ called ‘gjyana’, in the ‘ancient lore’..

 

Oldage:

 

In fact , ‘Oldage’ is a most misunderstood, ‘word’.

 

Politicians profusely use that word for their own oersonal advantage; but in the case of normal citizens, they conveniently forget – when question of ‘votes’ are needed, the very same politician takes the very old man or the ‘disabled’ by wheel chairs or any such kinds of modes, ‘to vote the politicians to power’; but if the need of oldmen is thought these very politicians conveniently forget; that is the worst ‘Paradigm’;

 

Another problem, most oldmen ‘wrongly think’, they need to stand  out of the road of necessities, just to help the young to get all, in fact ‘oldmen’ must clamour for their rights too , if not they would be relegated to ‘zero’ – by politicians, by corporates too and the governments – you know ‘ oly the crying child gets mother’s attention to feed the crying child’, else your own Mother may not attendon you.

 

In agriculture, all old and young why even ‘disabled’ hands cooperate to till the soils and to harvest the grains; when so , is it not obvious,    ‘Oldmen’ and ‘disabled’ contribute that way all earn one’s own food, clothing and shelter; when so what prevents in industrial employments, the ‘Old’ and ‘disabled’ is to be used like in farms!

 

Which old and disabled gave you politicians the  ‘so called authority’ to omit the ‘old’ and ‘disabled’ under so called ‘retirement’ paradigm, without adequate protection to ‘retirees’;

 

‘Retirees’ doesn’t mean only government servants, as no government provides jobs to all in government, but make the people fend their own lives, when disabled; ‘how they will’, unless they are gainfully used by  the very governance mechanism – call it government, industry, or anything?

 

None shall have authority ‘to retire’ one if his food , shelter and clothing are not guaranteed,  that way democracy need to be assured;  else there is no demcracy at all.

 

Till death ne needs food, shelter and roof, else there can be the Art 21 is in force, life by nature per se need to have food, shelter and clothing in any reasonable civilization.

 

No one can take away one’s food, shelter and roof; what use is sec 125 of cr P C , its purpose is that food, shelter and roof to oldage parents, why the government cannot assure if there is governance at all, what use is to force a son, or daughter when he or she cannot fend himself or herself?

 

The government cannot avoid its primary responsibility to every citizen, simply passing some blessed Act or a statute; statute without any sensible principle is an empty assurance, how do you expect that there is a government at all, when it fails in its primary obligation to life and living of man that way humanitarianism surfaced with a sense of balance.

 

Your government is to be very  insurance  to you, to assure you of food, shelter and clothing; i am not referring the insurance companies; after all once you paid taxes of any kind to the government, obviously it is the very duty under Art 51A of the Part IVA  of your constitution of India as ar as India is concerned; so similarly any government any where on earth; religion, caste do not mean anything, it is only ‘humanity’ that is vital.

 

What use of parliament Or legislatures or judiciary?

 

Parliament’s primary duty is to ensure to every citizen food, shelter and clothing meaningfully, else why do you need these istitutions under  constitution, if  not caring people in their primary life and living – simply calling ‘fundamental rights, directive principles, and fundamental duties, if other Articles under the constitution are not accountable to the primary decent life and  living?

 

‘Again, none seeks  let the government provide things just  ‘free’ like that like under so called ‘caste based reservaions’ or reservations under ‘creamy layer’ or even so called SC/ST reservations, after all all humans first are humans sans all these classifications.

 

Every old person is an epitome of ‘Experience’ in ‘one walk of life or the other’; he or she living so long, with a very  long working life, he or she contributed his or her mite for the lifeand living of all fellow citizens, without any expectation, but some  income provided either by way of ‘wages’.

 

‘Wages’ mean under the law of labor, after L.Chandrakumar constitution bench it confirmed ‘pension ‘ itself as some property, – iffor the governnent servant ‘pension’ is a property why same law (judge made law) did not see its applicability in the case of others who aren’t government employees.

 

In fact those who are not government servants including agriculturists  ought to be protected by the government of the day per force, by extending meaning meaningful subsistance allowances; it is the duty of the state to look after every citizens’ wellbeing, more so tat of the old aged and disabled, f one properly interprets the constitution of india meaningfully; else constitutions is hijacked by the politicians which is not questioned by judiciary –

 

’Why judiciary not questioning on the agriculturisyts suicides, when these agriculturists die or commit suicides for want of fresh water- judiciary could question the government as to why the governments dd not ‘desalinate’ sea salt water – new technology is just remove 10% salt of the sea water then it can be recycled- why still the governments simply fight on useless batteles of river water when rivers are depleted for one reason or the  other?

 

Obviously the separation of powers is just failing in India, for what they have to do for common man. Judiciary ought to self search where it is faling?, if not what a poor common man could do. When he handed his powers in a platter to these ‘institutions’.

 

Governments today are run by crorepathi law makers – in fact crorepathis ought to be removed from being law makers by Election Commission i wonder why it passively looking at them?

If corruption is to be removed , Modi said his DeMo would do? What he is doing in Goa or in Manipur elections? Jst bribes profusely is accused by the congress party. If that claim by congress is true what worth is Modi and the BJP or RSS to the citizens of India, one needs to think.

 

If that is true Modi is a ‘faker’ , so too all poitical parties to the poor citizens of India, will be the poor oldmen’s as also other’s conclusions on indian political democracy.

 

Corporate Social Responsibility?

 

Under this ‘CSR’ head, several corporate take tax benefits, when so why can’t these corporate start ‘Oldage and disabled hospitalities’ in their campusses or adopt certain villages and float hspitalities there where these ‘oldpeople ‘ and ‘disabled’ may be harbored wit free board and and lodge of reasonable conveniences; that expenditure can be debited under tax exemption schemes the corporate could get and yet help the ‘hapless’ poor oldmen and disabled to live their balance lives, by allowing them to use their skills as their ‘useful vocations’ which could help the economy to move a better way as every hand help is a great help like ‘every drop of water can be an ocean’ ?

 

Besides, if the talents iof the old  by way of their experiences could be a great eye opener for the corporate workers or employees under training and development processes, that way even the Corporate like Infosys,Wipro, Cisco, TCS, Telco,Reliance etc can eveb pay some ‘reasonable remunerations’ to the oldaged or disabled persons to help them to buy their ‘day to day clothing’ and the like, like that these ‘oldaged and disabled’ would contribute to economy is it not? (ends)

Political movements since Autumn 1927(-1938) – Round Table conferences – and Sir John Simon to review the Government of India Act  1919, leading to the Government of India Act  of 1935, ( From recorded historical archives available) –

Professor Emeritus Dr Guru Balakrishnan, (on Constitutional histoty of India)

 

No Indian was associated with  with Sir John Simon Commission sent by British Government in England in 1927, – that erupted ‘Black flag demonstrations’; ‘Mobs shouted, full throat – ‘Simon go back’.

 

Muslim League also resolved and boycotted the Commission’ deliberations –

Also Indian National Congress joined with Muslim League.

 

The Simon Commission visited India of British Government  ‘to Review  the Working of  the Government of India Act 1919;

 

When Commission landed,  ‘in many places, the British Police had forcibly to disperse ‘mobs’; at one  such ‘melee’ in Lahore, Lala Lajpat Rai  was injured. It was popularly  believed  that the ‘Lala ‘ had been  ‘assaulted’, by inspector Saunders of Punjab Police.

 

Later Saunders was shot dead. Thre young men -Bhagat Singh, Raj Guru, and Sukhdev , were convicted,  of the murder  and Executed on March 29, 1931.

 

Bhagat Singh  became the ‘Most famous Hero’ of all terrorists, in the annals of Indian Revolutionary History, Mahatma Gandhi wrote, ‘there has never been, within the living memory, so much ‘romance round any life, as has surrounded  any life , that of Bhagat Singh’.

 

 

Punjab Legislative Council nominated a committee  under chairmanship of Sikandar Hayat Khan   with ‘Ujjal Singh as Secretary ( an Arora  of Shapur district – owned large estates in Multan district); he was elected  to Punjab Legislative Council in 1926, was a ‘finance minister’ in Sachar government, and remained  in the ‘hub of ‘Sikh politics’ till 1955. He was also nominated as Governor of the Punjab, thereafter.

 

Ujjal Singh  was the secretary to Punjab Legislative Council, under chairmanship of Sikhandar Hayat Khan furnished ‘evidence’* to the Simon Commission that came to review the working of Government of India Act of 1919) ;

 

*‘A memorandum of Sikh representation, was presented to the Simon Commission, ( signatories – Shivdev  Singh Oberoi (president of of Chief Khalsa Diwan – , and a member of States; Harbans Singh Attari, secretary of Chief Khalsa Diwan), Raghbir Singh Sandhawalia, Sunder Singh Majithia,  and Mohan Singh Rais of Rawalpindi’.          

 

**submitted a report of evidence to the commission – it reads:

 

‘While  ‘anxious’ to maintain  their individuality, as a ‘separate community the Sikhs are always  ready  to cooperate  with

their sister communities for the development of a United Nation.

 

They would, therefore,  be first, to welcome a ‘Declaration that:

 

‘No considerations of castes and religion shall affect  the matter of organization of a ‘National Government’,in the country’.

They  are prepared to ‘stand  on Merit alone’;

provided they , in common with others, are permitted  to grow  ‘unhampered by any impediments’,- in the way  of Reservations for ‘any’ community’; (ibid).

 

If however, ‘separate  representation was to continue, the memorandum  demanded  that  in the Punjab  Legislative communal proportions should be fixed as follows :  40% Muslim,  30% Hindu 30% Sikh.’

 

‘Claim was made for  Sikh representation  in Sindh (if it was to made  into a separate province) , Delhi,, and NWFP.’

 

  • while, the commission  was at work, the Indian National Congress (INC)   tried once more  (as in 1916) to present   the  British Government,  with a ‘Draft Constitution’  ageeable  to Indians .

 

In February, 1928, , it called a conference,  of members of  all important political parties , ‘to consider  and determine  the’principles of  the constitution  for India’, .

 

The ‘major moving spirit’,  behind the conference was Mr. Motilal Nehru himself duly  assisted by Mr. Jawaharlal Nehru  as his Secretary –

 

Slkhs were represented  by Mangal Singh Gill .

 

Nehru report recommended, –  “the ‘abolition of separate electorates”; but ‘agreed  to reservation of seats’  for Muslims, at the center, and in the provinces. ‘- In which they (Muslims) were a minority’; the only other people to whom, ‘this concession’ was recommended  were ‘non – Muslims on NWFP.

 

Mangal Singh  did not ‘press’ for ‘special rights’ for his community  in his home state or at the centre.

 

(‘The committee met  for over two months. At first,  Mangal Singh, insisted, that, if the Muslims were given ‘separate rights’ , the Sikhs would ask (insist) for 1/3rd representation  in the Punjab  and 5% at the centre (union government).

 

And, ‘if weightage was abolished , he would accept representation,  ‘on the basis of, ‘of population’, with the right to contest  other seats.

 

The final  decision to ‘give up’  all ‘communal representation’ was taken  under the ‘inspiration of Dr. Ansari. ( Mangal was interviewed by Kushwant Singh Gill ).

 

Indeed, ‘The Nehru report’  was an impressive   exercise in political bargaining.

 

Muslims took scant notice of it;  and Sikhs rejected the report.

 

One group  led by Baba Kharak Singh was so angered  by Nehru report  that it severed its connection with Indian National Congress.

 

Others led by Master Tara Singh  though equally emphatic in their rejection of the proposals  but decided to continue their links with  Congress;  and so remained, in the mainstream of National politics.

 

Nehru report  went into the National Archives of Congress Party . (yet it is ‘vibrant’.)

 

[ (Mr. VP Singh ‘clever’ idea of ‘caste politics’, obviously  cannot surface; but it surfaced, just because after Nehrus he was after all wanted to show his face, as some ‘or’ else, (like Dr.B.R. Ambedkar who played in Poona Pact with Gandhiji, for ‘Dalits’;) his untenable ‘caste idea’ would have been buried like Nehru Report in Archives too.

 

He tried to revitalize the Mandal reports(full of make believe statistics relied) after PM Mr. Morarji Bhai’ shelved the Mandal Report when it is already over, by his covert methods of misusing the ‘most  reliable caste report statistics ’- ( Mondal managed to create, (perhaps covertly) though Morarji Bhai correctly shelved that most useless report, it again showed up; ‘none ever questioned’ but caste mongers  perpetuated, is a hard fact, one can never forgive – that led to ‘creamy layer’ idea when very poor brothers of the castes still suffer without any jobs or some meaningful income in the ever growing most unreliable economy, where day by day every commodity price zooms thanks to successive governments even today in the so called “Modiraj’ now; (people are followed time and again – people groaning under price pressure on essential commodities).]

 

Purposely, the ‘Devious’ ‘Simon  Commission’ was still then drafting  its ‘proposals’,when Lord Irwin  announced that  ‘in a conference of Representatives’ (specifically to defraud Indians) by the British India which wanted to keep Indians ever ‘divided’; and the conference for the Indian States would be convened in London to discuss  the question  of granting ‘Dominion Status  to Indians.

 

(part I)(two parts article)

Indian National Congress  asked for  a ‘Declaration – the conference would frame a  Constitution for India.; and not merely discuss , ‘when  or how? It was to be granted. But objective of conservative government under MacDonald to divide Indians in one way or the other,essentially.

 

No such ‘Declaration’, was forthcoming., then.

 

Congress decided to abstain from the conference deliberations, and its various sessions in  December 1929, at Lahore session (now in Pakistan) passed a ‘Resolution’ in favour of complete ‘Independence’ for India;

 

Political opinion  in England  hardened  against ‘Nationalists’-(after all  suddenly losing grip on India would be a very costly venture for England, besides disastrous for british revenue generation from India)

 

March 1930 saw the ‘Simon Commission’ made its Report (after Mahatma Gandhi  launched a campaign  to break  the law by getting into manufacture of ‘Salt’, which was government’s monopoly.

 

Gandhi and most others in National leadership were imprisoned.

 

Thus the situation led to ‘ the most important Indian Political party  was unrepresented at the Conference held at London.)

 

Report proposed  a ‘federal constitution’ with bicameral legislatures at the centre (Union government);

and autonomy is granted for the ‘constituent  provinces’ and the ‘princely states’;

 

The recommendations   were ‘by far’ a step forward in regard to the Provinces; and  where ‘Dyarchy’ was abolished,  and they became  obviously independent masters of their own homes; like – a  great beginnng of ‘Divide and Rule’ idea seed planted.

 

The said report  did not recommend ‘wider powers’ for central government.

 

It gave a certain measure of ‘reassurance’ to the Sikhs:

 

‘ they felt, ‘it would be ‘unfair’ for Mohameddans should retain  the ‘considerable weightage’  they ‘now enjoy’ (then too) in the  then six provinces; and that  they  should at the same time  be imposed;, in the face of  Hindu and Sikh  staunch opposition (for such concession),- ‘ a definite  ‘Muslim majority’  in the Punjab  and in Bengal’, unalterable by any appeal  to the electorate (Simon Report , Indian /statutory Commission Report.II, 71.)

 

Recommendations obviously disappointed  ‘progressive opinion’ , both in India and in England;

 

By September , the Viceroy  issued invitations’  to 66 Indians (50 from British India and 16 from the States to proceed to London  to ‘deliberate’  on ‘the Recommendations’ found in the report;

 

Two Sikh invitees  (in addition  Bhupendra Singh of Patiala, who was invited as he was ‘the Chancellor’ of  Chamber of Princess).

 

Sampuran  Sibgh  and UjjalSingh were also invitees.

 

The ‘Akalis’ (supposed to be some ‘Immortal men’ ) , the party  that really  mattered, consisted largely of ‘jathedars’ ; ‘incable of grasping’ nicities  of constitutional practice;

Akhalis  tacitly aquiciesied  in the selection.

 

First Round Table Conference:

 

British Prime Minister Ramsay MacDonald in 1930 November his first ‘sinister motive to cause’- ‘divide and rule India’  surfaced by then obvious.

 

He outlined Simon  scheme  for a Federal India  – it provided a ‘divided – rule ‘ mechanism – one Federal and Provincial and Princely states – some kind of two independent entities;

 

Princes not led by Bhupendra  Singh of Patiala, expressed willingness to join Federation.

 

What is the biggest hurdle?

 

It was ‘communal representation’.

 

Sikh delegates agreed  to ‘joint  electorates’ with ‘reservation of seats for minorities’; but they strongly  opposed ‘communal majorities based on separate electorates’.(Sikhs demands were tabulated in 17 demands then)

 

[(what is the present J&K problem, based on separate electorates – POK, J&K),

 

(indeed Prices had a wide range thought – then too – see nothing is settling like a

 

‘square peg would not go in round hole’ –

 

hence we have today, 70 yrs war like skirmishes in  the J&K, several lost their lives;

 

Princes ‘never wanted people to die’, that to happen then, too, appears; Princess seem more intelligent than our today’s great  MPs of MLAs !) ]

 

Muslims  were unwilling  to accept  ‘joint electorates’, on any terms’, ;

 

‘Separate electorates’  won  the day – not only because for Muslims, but also for Sikhs, Indian christians, Anglo-Indians, and other ‘untouchables’    – a ploy played by Mr Ramsay MacDonald under the Simon report!

 

[First round table  achieved  more than  either the British Government,  or the Participants had  anticipated. Highly doubtful. Neither did. Even now after independence we did practically ‘Nothing’; after all we are just doing some very slow, a quality of democracy that is okay, if we want democracy has to perpetuate – after all Citizens level knowledge is yet to grow say even about ‘one century is over’ from ourselves getting Independence, since 1947].

 

This encouraged Lord Irwin  to extend  the hand  of ‘friendship’  to the Mahatma, being basically a man with a good heart had the occasion of Lord Irwin landed thanks to good time for Indians..In every century, every experience, our experience still is wanting in ‘Experience’ and yet we need to expect to have ‘Experience’ always.

 

On March 5, 1931,they  signed a ‘Gandhi -Irvin Pact’ WHEREBY  Nationalists  were released from goal , the ‘passive  resistance’  movement  was called off.

 

Mahatma accepted an invitation  for the Second Round Table conference;

 

He was the sole representative from Indian National Congress, accepted Invitation  to go to London for the Second R.T conference. The delehgates to the first  Round Table  were re-invited;

 

Second Round Table :

 

This met at ‘Adverse circumstances’. The Progressive  labour government   had been defeated in the elections; Mr Ramsay  MacDonald  now presided over a coalition, largely ‘conservative’.

 

Wedgewood Benn  had been replaced by ‘ reactionary ‘Samel Hoare’ as Secretary of State; and , at, home,  the gentle  Irwin had been succeeded  by the  blimpian Willington, as Viceroy.

 

 

 

The conference  bogged  down  on the question of ‘Communal Representation’(a very painful issue).

 

Mahatmaji  tried  to ‘resolve’  the issue by ‘private meetings with other delegates as also British officials – No success at all . His efforts proved abhortive because Mr Jinnah  outright ‘rejected’  to give up  ‘Separate Electorates’ (a very big bone of contention in later years too, that changed the couse of history for partition of India)

 

On behalf of Sikhs , Ujjal  Singh reiterated  their talks’ outside the conference  hall.

offer to accept ‘Joint Electorates’;

 

But,Ujjal Singh added, if ‘separate representation’ was conceded to any community, particularly Muslims, , the Sikhs  ‘would insist’ on getting  it  as well ( a condition precedent he has put before the conference, after all any concession is given to one others too shall have is his principle, else not needed to every one!);

 

He further added, ‘“Unless, the Communal Question’,which in the Punjab means  the ‘Muslim-Sikh Question’ is settled, it is not  possible  for the Sikhs  to commit themselves to the ‘federal scheme’  in which the Punjab  would  be an ‘autonomous body (province) (Second round table conference, Minorities Committee,I,89)’;

 

Ujjal Singh and Sampuran Singh  demnanded  for the Sikhs 30%  representation (In Bihar and Orissa , the Muslims constituted 11% of the population, had a representation of 25%, i.e 150% weightage; in the UP they had 14.8% (30% weightage given) i.e 100% weightage; in the Central Provinces (CP  they had 4.4% of population (hadc15% representation, ie., 250% weightage. Anglo indians  with .02% population of the Punjab(had 4000% weightage), . The Europeans  had even greater weightage) (read census then)

 

   And 5%  at the centre , with at least one Sikh member in the Central cabinet.

 

Ujjal Singh  presented an alternative a scheme  for territorial adjustment of the Punjab.

 

He proposed,  that Rawalpindi  and Multan Division  (excepting  the districts of Layallpur, and Montgomery) should be  separated  from the Punjab  and attached to the NWFP , that would be ‘communal proportions’   in the
Punjab  43.3% Muslims, 42.3% Hindu, and 14.4% Sikhs.

 

In this Punjab,, the Sikhs, wouldn’t ask for any weightage; and would ask for  it (territorial adjustment) in the NWFP and sindh if the ‘Muslims received  ‘it’ in other provinces;

This ‘eminently’  sensible’ and constructive  proposal received  little attention (‘details see the Second Round Table  conference, Minorities  committee, iii , pp1435-37) and consideration from the conference and ‘was rejected’, along with a similar , but from the Slkh  point of view, less satisfactory – proposal was  by AWG. Corbett, to ‘detach’   Ambala  division from the Punjab and join  it to the United Provinces.

 

In the absence, of  agreement amomg the ‘delegates’(everything depended on delegates), Ramsay MacDonald assumed the right,   to adjudicate on joint  verses separate  representation.

 

Second Rund Table indeed a dsmal failure.

 

Many leaders were arrested InIndia when Mahatmaji landed from London.

 

There in India was the Red short movement in NWFP; terrorists  had renewed their activities Willingdon ‘promptly clamped’   Mahatamaji as he too protested.

 

On April 16, 1932 MacDonald  made his award on ‘communal representation’; separate electorates given to mnorities Sikhs, Christians,  Muslims,aswell as ‘untouchables’ (this was later withdrawn  in ‘Poona Pact’ by Dr BA Ambedkar with Mahatma Gandhi,THE UNTOUCHABLES WERE GIVEN  HEAVY WEIGHTAGE in Mixed Hindu Seats’ (obviously unfair, but pressre worked on Mahatma Gandhi by by Dr.B.A Ambedkar).

 

Muslims got 33.⅓ %age weightage  in the centre  and 86  out of 175 seats in Punjab. Sikhs too got  weightage  but NOT in same proportion, as follows:

 

33 of 175 seats in Punjab Assembly;

3 of 50 in NWFP;

6 of 250 in Federal  Legislative Assembly;

4 of 150  in Council of States;

 

Sikhs got nothing  in United Provinces and Sindh; wherein it is said Sikhs were in by then ‘sizable numbers’.

 

Award was a bitter blow to the Sikhs. It gave Muslims  a permanent  ‘communal majority’.

 

(That Award (an eye sore) even today jolts BJP men against Muslims, when Congressmen talk on Secularism, if secularism why you need to give that Award by MacDonald then why we need to follow is the question RSS and BJP time and again raise.)

 

Remarks: (observations by author)

The other day, in the UP elections , BJP never gave tickets to Muslims but yet got 322 seats of 403 seats it netted;

 

BJP Amit Shah or Ravi Shankar Prasad say, ‘today we are concerned with over all development and jobs generation , no more castes or religions based perceptions

 

obviously ‘ caste and religion have  got the backseat, to be ‘edged out’ sooner than expected’

 

if BJP winning spree goes on in 2019 election is the great message one needs to know  –

 

-‘even Indian National Congress of Mahatma Gandhi times never liked MacDonald’s Award, but Jinnah forced for it  that made Jawaharlal accepting partition is better than granting ‘communal representation’ as such;

 

that way Government of India Act of 1935 was questioned by Indians, that is, it showed obviously MacDonald’s Award did, (a mischivous activity) in the absence of settlement by all concerned shareholders of the independent India,  

 

However, after ‘most painful’ Partition of  India in 1947, we drafted the Constitution of India, predominated by Dr. BR Ambedkar, and his speeches in the Constitutional Assembly, tillted in favor of so many clauses of the Government of India Act 1935.

 

Now all the governments feel the  ‘hard pinch of’  ‘caste politics’ and the very parties themselves day by day move to rectfy that means same situation that prevailed during Ramsay MacDonald’s Award was rejected by Indians is very obvious; after all None can withstand too much inroads on ‘Equality’ that cannot be over played by so called ‘Equity ‘ idea  touted under vert Art 14 of the constitution of India.

 

The Constitutional Courts have to pull u their socks while interpreting the Constitutional tenets, Part III, Part IV, Part IVA of the Constitution.

 

It is disturbing that could destabilize, that could mean even declaring several constitutional amendments as ‘ultra vires’ like the sch IX which was duly censored (declared ‘ultra vires’) in 2007 only, in the Constitutional bench in the Coelho v State of TN  headed by then CJI Mr. Y.K Sabharwal.

 

Now we, Judge Karnan of Calcutta High court misbehavior on very judiciary principles, as even, well-to-do today the Dalitmen think they can seek relief under ‘Atrocities Act, a far fetched thinking today, as all such things sooner or later might badly affect the “non creamy layer poor persons” of same set of communities;

 

after all citizens would not tolerate ‘creamy layers’ misusing concessions of reservarions ideas;

 

The Third Round Table was called to consider  the ‘Reports’ of the committees that were deliberating  during  the previous months then in 1932s.

 

Only 46 Indians  were invited. Sikh nominee Master Tara Singh of Ferozpur protested against provincial Autonomy underpermanent and dominant  Muslim majority in thepunjab. (in that way  only toda’s UP elections just not inducted any Muslims as MLAsin UP elections by the BJP, one needs to note.

Animosity is increasing againt Muslims as a religion here in India – ‘any over playing’ (if not properly mended) will have its own deleterious influences and results as is to be seen today).

 

Tara Singh supported safeguards  that would provide, such measures affect  minorities should not be passed without the consentbof 3/5ths  of the community concerned  –

 

( it is like ‘creamy layer’ issues cannot be passed without the concent of the 3/5th of poor very same castes persons, as they are equally important before allowing ‘creamy layers’ to perpetuate concessions.)

 

 

  • And be subject to  the ‘Veto’  of the Governor (then);

 

 

He pleaded for weightage in services, a 5%  representation, in the Federal Legislature, and Sikh representation  inthe Sindh (third round table conference, pp.99-100)

 

Results of the conferencewere published in the form of a White

Paper’ in March 1933;

 

A joint committee of the two Houses of the Btitish Parliament  was set up  under Lord Linlithgow (later viceroy of India)  to work  out the details of the future administration of India*,  

 

(*some Indians were invited  to collaborate with the committee‘s deliberations.   The Sikhs  were represented  by Buta Singh Virk  a lawyer of Shikarpura ,, who was a member of thePunjab Legislative Council.0     

 

On August 4 , 1935, the Governent of India Act of 1935 received the royal assent.

 

It provided, for the Federation of  Indian Provinces,  and Princely States with two houses of parliament in the centre  – Central Legislative Assembly, and Council  of States , Six  of the larger provinces,  were to have  two legislatures oftheir own.

 

Rest including the Punjab were to have, only one.

 

About 11.5%  of the populatiion was enfranchised; gob=ving 30 millions  the right to vote.

Provinces were msde Masters in their own homes (subject to  the reservation of special powers of intervention by Governors)

The central government   remained  as before underthe control of the governor general .

 

Dyarchy was reintroduced in the centre;

 

Subjects like defence,  and foreign affairs were reserved  and  so,  the prerogative of the  governor  general.

 

INC rejected the Governent of india Act 1935 because of the powers of ‘intervention’  given to governors in the provinces.

 

Itresolved to capture  the ‘power’ and then destroy  the Constitution.

 

The Muslim league  followed suit. But reserved the right  to try out  the ‘provincial  scheme’ for ‘whatever it is worth’; or ‘what it was worth it’;

 

Princes who had shown alacrity in accepting  federation;

‘developed cold feet’ when they realized , ‘it would mean  surrendering  of their  ‘sovereignty’.

 

Sikh political parties  had already condemned the ‘Communal award’; they added  their voice  to the chorus  of denunciation. Then Govt of India Act 1935 was a still born child then.

 

In 1936-37, forst elections were held; Sikhs  had a choice  of backing of Congress or the Unionists. Congress predominantly  anti-sikh Arya samajists led by swami Dayananda; Unionists , despite they championed agriculturists, they had ‘Mussalman Jats’ more rather less sikh agriculturists and Hindu Jats – Sikh and Hindu agriculturists were just second to Mussalman Jats.

 

They could have formed alliances with one  or other political parties;  but none  of the leaders  had the foresight  or the following  to do so ;

 

Instead they did split their forces into the Akali group Khalsa National Party; both of minor importance  in provincial matters, and  of none whatsoever on the national scene;

 

In all provinces, except Bengal, Sindh, and the Punjab,  it got a bare 10%  of vote;

 

Out  of 175 seats, the Unionists won 96 and the Khalsa  won 15-20 seats (some members constatly changed their allegiance); rest were  communists, and independents.

 

Sikander Hayat Khan  chose his three of  his muslim cabinet colleagues , twoo hindus,  and one Sikh ( Surinder Singh Majithia).

 

The rural Jat  bias was in evidence as before, of six ministers  only one  of the hindus  was an urban agriculturist .

 

The Unionist Ministry  did not have an easy time.  Rumours of impending war  wih Hitlerite  Germany  and the increased  tempo of  the nationalist  movement indicated a change  in the political barometer.

 

People  knew  India  would soon  be free.But who would  be masters of the  Punjab – the Muslims or the Sikhs.

 

(uncertainty indeed   breed suspicion and hate; occassionally ‘hate’  exploded  into violence. The most  serious  example  of this,  in 1938 over the possession of  ‘Shahidgan’) -martys market  (the notorious  ‘nakhas’ referred  to in volume  I – claimed by Muslims  to be a Mosque by the Sikhs to be in the Gurudwara.

 

The Sikhs won  their case  in the high court ; but  not before  many Muslims had been  ‘shot’,  by the police and a few thousand  imprisoned  for ‘defying the law’.)

( Part II – ends).

*******

f any one wants to write a will may get his will written f=by me for any one anywhere, he can pay what he likes to pay to my bank account that details can be given if he or she contact me on my email shown on the very post

rapidanalysts

Issued in the public interest’

In March 2017

Public circulation

‘IMPORTANCE OF ‘WILL WRITING’

a Duty of every person;

Remember death can visit any , any time – No Doctor can save you –

Moment you think of leaving anything to any – Do write – Delay Not Please !

You may miss the boat!! –

An Advice unsolicited!!!

(circulating for all, any can decide, promptly)

By professor Dr. Guru Balakrishnan

BA., Ph.D., LL.B.,  LL.M(Constitution & Contracts)

Advocate(Original Side) Bombay High Court,

Cell: 9769699018 : LL.27740069 (Kharghar) E.mail: rapidanalysts@gmail.com

*******************************************************

Member , Bombay Bar Association, High court (OS), Mumbai

In my 45 years of Legal experience of writing ‘Wills’, ‘Codicils’ for a lot of people who wanted to leave to some of their properties – both – ‘Immovables and Movables’, to their ‘near and dear’;

I have to share my advice to one and all – whatever it…

View original post 812 more words

Source: Wills what?

Issued in the public interest’

In March 2017

Public circulation

 

‘IMPORTANCE OF ‘WILL WRITING’

a Duty of every person;

Remember death can visit any , any time – No Doctor can save you –

 

Moment you think of leaving anything to any – Do write – Delay Not Please !

You may miss the boat!! –

An Advice unsolicited!!!

 

(circulating for all, any can decide, promptly)

By professor Dr. Guru Balakrishnan

BA., Ph.D., LL.B.,  LL.M(Constitution & Contracts)

Advocate(Original Side) Bombay High Court,

Cell: 9769699018 : LL.27740069 (Kharghar) E.mail: rapidanalysts@gmail.com

*******************************************************

Member , Bombay Bar Association, High court (OS), Mumbai

 

In my 45 years of Legal experience of writing ‘Wills’, ‘Codicils’ for a lot of people who wanted to leave to some of their properties – both – ‘Immovables and Movables’, to their ‘near and dear’;

 

I have to share my advice to one and all – whatever it is worth.

 

In my ‘Testamentary practice’, besides others, I have the honor to say a few following words to every one –

 

Testamentary jurisdiction is an ‘Administrative Jurisdiction’ of the  ‘charter’ High Courts (in Original Jurisdiction), as also District Civil courts in districts;

 

In Charter High courts (Charter is given by the Queen of England), still we have the following High Courts falling under such Jurisdiction:

 

Bombay High Court;

Calcutta  High Court;

Madras High Court;

Allahabad High Court.

 

IN other High courts that are ‘not falling’ under Charter Jurisdiction scheme -there wii be ‘No Original side’, in all other High Courts – so, that work is done by City Civil courts, as also in District cvil Courts, administered by the chief judges of the city civil courts and chief judges of the District courts  under their ‘administrative jurisdiction’ relevant;

 

In fact , when the ‘chiefs’ ‘administer’ the testamentary jurisdiction, the ‘Will’ do get ‘Probated’ in the  following manner, every where, in India:

 

 

  • The ‘Will’  before allowing to be executed, the following formalties the ‘Wills’ do undergo:

 

 

-The ‘Executor’ (trustedman ofthe Will owner) administers  the Will; that ‘Will’ have to be ‘published’ in the prominent English and vernacular dailies, as ‘a public Notice’ that the ‘Will’ (his desire to distribute his assets whatever remains in tact at the time of his death after meeting his obsequies) of the person on his or properties are under ‘probation’ (assessment by the jurisdictional courts, before the relevant court), and complete address of the courts be provided,  in the said  ‘public notice’, – signed by the Advocate concerned, granting  ‘three weeks’ Notice’ to the claimants, if any, for honorable court dispensation per law;

 

 

  • If there are ‘claimants’ for the properties to the ‘Will originator’, they need to ‘lodge their relevant claims’ before the honorable Court, saying – ‘how they are holding rights,on the said ‘Willed Properties’?;

 

 

 

  • If the Honorable Court admits the  relevant ‘claim(s)’ then such claims be read into the ‘Willed properties’, accordingly and be distributed, per court dispensation, by the very same Executor, appropriately modifing the terms of the ‘Will’;
  • If there are either ‘No claimants’ or ‘Claimants’ are there but ‘disallowed’ by the honorable Court, naturally, the ‘Will’ contents have to be duly be disbursed , ‘per se’ the ‘Will’ only, (by due modifications of the terms in the Will, by the very Executor, ‘per law’- under Art 51A of the Part IVA of the Constitution of India (oblications as fundamental duties).

 

 

 

  • In the case of ‘ancestral properties’, there cannot be any Will as such is possible, but has to follow per se ‘ Indian rule of laws’, depending upon religion, based Succession Acts relevant – both Central and State amendments ruling on the date of disbursal have to be taken into effect  and be followed;

 

 

 

  • None can write any kind of ‘Will ‘ on ‘Intestate’ or ‘ancestral’ properties;(if written it is ‘Void ab initio’: Will is ‘non  est’ (not in existence) at all.
  • Tenency properties have to follow Tenancy Laws prevalent on the date of disbursal, as the ‘Tenancy’ being ‘Personal’, cannot be ‘willed’, by any ‘Will’ to any one else other than the very owner of the tenament in question;

 

 

 

  • ‘Will’ has to read out to the person (in his or language clearly,lest misunderstood, a condition precedent), who needs ‘Will’ be written; and that person ought to affix his or her signature, before two or three ‘witnesses’,  obviously, not related, in any way, to the signatory (Deponent), preferably;
  • Any one attempted to kill or do away the Will owner, cannot get his or her share from the very Will. even if the deponent testator ‘willed’ some property, to such a person – ‘beneficiary-felon’.

 

In fact , ‘Will writing lawyers’ being very small in number sometimes charge huge  or very huge ‘fees’ for writing the ‘Will’, that need not be paid, if the Bar council  has not allowed such huge fee, in fact every Bar council determines  and declares fees by a public circular, (if in doubt, please get in touch with the secretary of the Bar council of the relevant state in question ;

 

if you wish to pay ‘higher fees’ in volition, without complaints, then, you can  pay, there is No Bar as such, please.

 

In such cases, better avoid using such person’s services, after all, ‘Will writing service is a public Social Service to humans

 

If any lawyer, (Advocate) can take fees as per Bar council approved lists only, then you can use ‘such advocates’, without fear or favor;

 

I was usually ‘paid’ in volition, in the last several decades  for ‘writing’ Wills, a sum of Rs.1000.-(rupees One thousand only) (now it can be more, say, three times or so, of that amount, for information only pls. ).

 

This is issued for the benefit of the ‘Will’ proposers

 

sd/- Guru Balakrishnan

      Advocate(OS) -BHC