PM on CWG Scam

In an answer to the question on time bound investigation of CWG scam, PM answered that there are procedural delays, my question is

1. Did he not know that there exists a procedure of law before he made a commitment of 90 days time limit, it seems like he gave an assurance without applying his mind? can a man with such high creditability afford to this?
2. When a head of the government cannot delivery justice as promised, will common man still have faith in the government and justice?
3. Can we conclude that PM has creditability but no reliability?

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Grounds for Eviction of a tenant of rented / leased building

Various grounds for eviction are as follows:

1. Where the tenant has not paid the stipulated rent for more than 15 days after the rent fell due, and such non-payment is wilful.
2. Where the tenant has, without the landlord's written consent, allowed some other person to occupy the premises, either wholly or in part.
3. Where the tenant has put the building to a use other than that which the landlord had originally agreed. The term "use" must be reckoned with reference to the lease deed.
4. Where the tenant has done any act, which has materially impaired the building or its value or utility.
5. Where the tenant has used the building, or has allowed the building to be used, for illegal purposes or immoral purposes.
6. Where the tenant is making such a nuisance of himself that his continuance is objectionable either to other tenants of the same building or other persons in the neighbourhood.
7. Where the tenant has not occupied the premises in question for a period in excess of four months. (This rule does not apply in hill stations for obvious reasons.)
8. Where the tenant denies the landlord's title to the building itself, and such denial is not well founded. I only wish to add that once a tenant commences tenancy under a particular person as a landlord, the law does not allow the tenant to thereafter disown the landlord, or to assert title to the building in anyone else (save for one exception, which is not relevant here).
9. Where the landlord genuinely requires the building either for his residential or non-residential occupation, or for the residential or non-residential occupation of any member of his family. Where the landlord (or the person for whom he is seeking eviction of the premises) already owns and occupies another premises in the same town, the landlord must additionally be in a position to state and prove that the hardship that will be caused to him by not giving him the premises will outweigh the hardship caused to the tenant by throwing the tenant out of the premises. This clause is subject to a few exceptions, but these are beyond the scope of this summary.
10. Where the landlord genuinely requires the building for effecting repairs, which cannot be carried out unless the building is vacated. Please note that once the repairs are carried out, the tenant will be entitled to re-enter the premises.
11. Where the landlord genuinely requires the building for the purpose of immediately demolishing it and putting up a new building in its place. There are a few other grounds of eviction mentioned in the statute such as those involving members of the armed forces or where the government is the tenant. These again, are beyond the scope of what is an attempt to put the primary sections of the statute in a nutshell. If you, as a landlord, are able to fit your requirements for eviction into one of these categories, you will be entitled to file a petition for eviction before a court called the Rent Controller's Court.

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Comments on The Tamil Nadu Groundwater (Development and Management) Act, 2003

Recently madras high court has given an interim order for a prohibition of drawing ground water for commercial purpose to the government of Tamilnadu. further court has asked the government to implement The Tamil Nadu Groundwater (Development and Management) Act, 2003.

The act has given away a substantial amount of power  in the hands of the authorities, by way of delegated legislation. It’s important to have sub delegations and it is equally important to have guidelines & measures to prevent corruption.

1. Appointment of the authorities: There is not much of detailed description about the appointment and meetings of the committee. it’s left to the discretion of the government.
2. Sec.9: which is for notification of the area for development, control and regulation. According to the sec 9, the authority shall provisionally notify an area which the authority thinks fit, within a month from the notification date authority has to invite public representation. There is no clear definition of public representation, that is a minimum number of person constituting a public representation, how such representation has to be heard etc is not defined. government has to make rules for the same. It would have been better if there was an guidelines for forming the rules in respect of public hearing.
3. Punishment is too little, the offenders would prefer to pay a fine and continue their business.

The act would  literally have a very little impact on the preventing the misuse/commercial use of the ground water.

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A Fool’s advocate

 

I wonder how a person like him is lecturing on god,his heart is full of hatred towards a set of people who have a certain belief  and arouse a sense of pride, greed, and sense of superiority among a certain set of humans. certainly he is not acting in general well being of the humans. he take up bits and pieces from various religious book and make up his speech. Ever book or literature has to be read in full and understood in full. people like him is stupid to take bits and pieces of Hindu literature to mislead the people. When he talk about Islam he says one should read as per the context (see video 2). he is certainly a fools advocate because no learned person would buy his lecture.

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Ravi shankar on kashmiri pandits

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Story of Kashmiri pandits

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Subramaniam swamy Speech on sonia

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Subramaniam swamy speech on Sonia

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Environmental clearance is it a form of licence raj?

Prime minister has expressed concerns over the environmental clearance during the  one-day National Conference of State Ministers of Environment. Licence raj should be eliminated is the contention of the prime minister and now the question is whether environment clearance an form of licence raj ? well the answer could be no. licence raj was introduced in India in order to have a check over the industries ,to control the growth of monopolies and to provide an equal opportunity. Environmental clearance is way to check the impact that a newly proposed industry would cause on the existing environment, on the basis of the assessment report permission is given to setup the industries. on the other hand environmental clearance is essential and exist in almost all the developed countries. The government should provide a transparent and faster method of obtaining environment clearance. The delegated legislature should be guide with principle and clear and unambiguous guild lines. The government should be worried about eliminating corruption and the environmental clearance as the whole. PM’s remarks is unacceptable. He should focus on  peoples issue but he is looking at the wellness of the corporate. We need a balanced growth, cannot afford to  grow by damaging our environment.

Related links: USA environmental protection agency : http://www.epa.gov

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Electoral reforms

Introduction:

In a democratic country people form the government people elect the government and assign them the power to act on behalf of the country and its people. On a good faith people elect the government and expect the government to make and maintain the country as a welfare state. In recent time citizens our country are feed up with the ease at which corruption takes place, frequency and the levels of corruption, inefficiency of the investigating agency to tackle corruption and the judiciary to punish the corrupt. Government is inefficient to tackle the aggressions with in the country and from the external forces. The economical situation of the country is becoming week day by day, inflation, etc. The environmental pollution is become a great threat for our future generation, a suitable development is now seen as an impossible if we consider the way the in which the government allows the corporate and multination to erode the natural non renewable wealth of our national at a very cheaper price as compared to international market values of such resources. When a government or set of government or literally all the government fail to deliver, then there is a serious problem in the formation or election of the government. The citizen of a democratic country has the power to punish the corrupt and inefficient politicians in election. The state legislative assembly elections in Tamilnadu, Kerala and west Bengal are around the corner. It’s the appropriate time to discuss the origin, evolution and methods of election and also the reforms that are necessary for electing the deserving candidate.

Existing System in India:

In our existing system of election the candidate who gets the highest number of votes are declared as a winner of the election. Is this method a correct method to elect the candidate, so let us analysis the current method of election system, the election commission make MLA and MP constituency.

Candidates		% of vote
A	45000	30%
B	40000	27%
C	20000	13%
D	20000	13%
E	25000	17%
Recorded votes	150000
Absent from voting	50000
total number of voter	200000

The candidates who are willing to participate in the election in a constituency make an application. On qualifying the initial qualification, the election commission announces the candidates in that particular constituency. Let us that there are 5 Candidates contesting the election. The below are the votes that each has got, according to existing system A will be announced as the winner of the election but if we actually see another side of this system.

People vote for A	30%
People vote against A	70%

In this case it’s clear that the majority of the people has rejected the candidature of A but in our existing system person as is the winner, Can this system be considered as the correct system of electing a candidate.

Aggregate vote system:

Let see an alternative system of election the members to legislature of a state. In this system, political party shall contest in all constituencies, based on the percentage of votes that party has got in the election particular political party will be allowed to have the number of member in the legislative assembly.

Party		% of vote
A	45000	30%
B	40000	27%
C	20000	13%
D	20000	13%
E	25000	17%
Recorded votes	150000
Absent from voting	50000
total number of voter	200000

In the above example, Party A will 30 % of the membership to legislative assembly, (ie for example 500 seat x 30% = 150 members). Party B will get 27% of the membership to legislative assembly. In this method seem to be a better method of electing the government. In this method the political party should have popularity in all most all constituency and therefore the regional parties will cease to exist by this method an full fledged single party rule is quite possible, thus the coalition politics may be avoided compared to the existing system.

Dual vote system:

The 3 method of election of the voters are given two sets of votes, one is for the candidate and the other is against a candidate. Let’s consider a example,

Candidates	For	Against	Effective	% for	% against
A	45000	31000	14000	30%	20.67%
B	40000	24000	16000	27%	16.00%
C	20000	35000	-15000	13%	23.33%
D	20000	30000	-10000	13%	20.00%
E	25000	30000	-5000	17%	20.00%
Recorded votes	150000	150000
Absenting from voting	50000
total number of voter	200000

In the above example candidates can be best judged by the excess votes of for the candidate against the votes against the candidates. In the above example candidate B is the winner though he has got 27 % for votes but his against votes 16% is the lowest which makes him the winner of the election. This system is the best system because there is option of for and against vote. In this system a candidate shall be restrained from participating any next election if has failed to get the excess of for votes to that of excess votes.

Dual vote with none of the above system:

The 4 method of election of the voters are given two sets of votes or no of the above votes, one is for the candidate and the other is against a candidate or no of the above vote which means that instead of one vote for a candidate the voter is provided with only option to vote against all the candidates. In this method the number of for votes and against would not be the equal.

Candidates	For	Agaist	none of the above	Effective	% for	% agaist
A	32000	1000	25000	6000	21%	0.67%
B	30000	2000	25000	3000	20%	1.33%
C	20000	33000	25000	-38000	13%	22.00%
D	18000	44000	25000	-51000	12%	29.33%
E	25000	45000	25000	-45000	17%	30.00%
Recorded votes	125000	125000	25000
Absenting from voting	50000
total number of voter	200000

In the above example illustrates the working of the above method. This no option method can opted with the exist method of voting recording method.

Candidates	For	Agianst	Diff	% of vote
A	35000	30000	5000	23%
B	32000	30000	2000	21%
C	20000	30000	-10000	13%
D	10000	30000	-20000	7%
E	23000	30000	-7000	15%
Recorded votes	120000	30000
Absenting from voting	50000
total number of voter	200000

In this type of method were none of the above option is available, there is chance of no result or total rejection of the candidate in order to avoid the such a situation, for and against vote method is best method where there is no chance of no result and at the same time there is two option for the voters. The voters are more empowered.

Rules against Democratic monarch:

Many political parties were started with an idea and belief to serve the people and make the state a welfare state. When time passed, few greedy people or ill minded persons started to convert the party into a family property. Public is very much aware of it but refuse to consider it an evil to the society and need for some corrective measures. This tendency has been take into advantage by the ill minded politicians. A family run politics and caste / region based political party has to be curbed not by force but by bringing necessary restriction on function of the political party.

Setting eligibility criteria to be a member of the political party and to have qualification to contest an election is necessary. This would prevent sudden rising of monarchy type of rule in a democratic setup. Political parties are often considered as inheritable property of single family. This is very wrong precedent and this will lead to situation of a democratic monarch situation where in several family run political parties, shall contest and will over the ruling power of the country.

One would have come across the term Bottom up method, in this system the process start from a lower point and slowly progress upwards to the finish point, by adopting this system a person will have to claim form the lowest point and upwards, like a school kids to graduation. Some of the key eligibility criteria that needs to be brought for candidate who are fight the election on behalf of a political party are,

1. A person in order to become a member of a political party he has to make a provisional registration for membership for a period of three after attaining a age of 21 years. Only after a completion of a period of three year he can successfully register as a candidate.

2. It’s important that every member of political party to be at least a member for 5 years before he could contest any public election.

3. Candidate should contest the lowest post like councillor of ward.

4. If he is not able to win the election on first three occasions, he shall be declared unfit to contest any further in any public election.

5. Candidate should only after winning the second term as councillor, shall qualify for municipal chairman or mayor of the corporation.

6. only after 3^rd term as councillor shall qualify for MLA election

7. Only after a term of MLA shall qualify for MP election.

Well debated and overall acceptable reforms in election should be brought at the earliest possible. The job would be left half done it there is no mechanism to constantly analysis the system and to bring about improvement on a consistent basis. It’s important to set standards for the candidates who contest the election and equally for the political party. In any country developing a good system is important, crucial part to it would be the implementation of such system.

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