Wednesday, February 25, 2009

GOVERNANCE

ADMINISTRATION, GOVERNANCE
A system is one in which:
a) the society exercises its control over anti- social elements, and b) society functions smoothly. 1) A self evolved, long-term, self-regulated group of people is called as a society.
2) Anti-socials are those whose acts are hostile to the tenets of the society.
3) A nation is not an independent unit. It is an amalgamation of societies. A nation is bound by geography, a society is not. In fact, societies transcend national boundaries. Due to a systemic breakdown of social structure and faulty definitions, a situation has arisen today in which nation has become bigger than the society.
4) Nationalism helps maintain order whereas jingoism does not. Jingoism is also a hindrance for a world order.
5) Jingoism can neither differentiate between- A) Justice and kinship, B) Violence and Non-violence, C) Nation and the world, -nor strike a balance amidst them.
6) In India, the state has declared itself to be the nation. Governmentization is called nationalization. In reality, nation is part of the society and state should act as a facilitator for the society.
CONSTITUTION
1) To usher in a systemic approach, the society formulates a concrete unit. This unit is called as The government or The state.
2) The system belongs to the society. The State is only the implementing agent.
3) The document that defines the maximum scope of interference, authority and duties of The state is called as the Constitution.
4) Constitution and Laws are different. Constitution defines the maximum authority of The State and the minimum authority of The Society, whereas laws define The Society’s maximum and The State’s minimum rights.
5) Society represents the whole world and the state represents the society. For this reason, the whole world needs one constitution and one government. Due to the unstable form of societies, States have declared themselves as societies. This will only be a transitional phase.
6) Any constitution has two qualities that make it a balanced document: A) isn’t too elastic so as to make governments wild, and B) isn’t too rigid that governments fail to function.
7) The only benchmark of a constitution’s success is the guarantee given by the government to the security of its citizens’ fundamental right. As for the case of moral turpitude, the blame squarely lies at the constitution’s altar.
8) There are only two reasons for moral degradation. Harsh control over the society which makes administrators wild; or absence of control by administrators due to which citizenry goes wild.In the Indian context both the above reasons hold true under different scenarios.It is illogical and comical to blame implementers rather than the document. It is like a doctor of a mental facility bemoaning that patients do not listen to him. The constitutions’ very existence is meant to leash people of immoral character. If everyone was to behave lawfully, what is the need for a constitution? Constitution is meant to protect the good against the sly.
9) The present constitution has failed due to: a) Stress on welfare rather than on crime control, b) foggy language, double imports leading to multiple interpretations, c) Recognition to classes, d) Exaggeratedly idealistic format, e) Refusal to accept family as a constitutional unit, f) Enumeration of The State’s role as of custodian instead of manager.
10) The entity which is a balance of the executive, the legislature and the judiciary is called as The State/Government/System.
11) In a democracy all the three complement each other in addition to providing checks and balances amongst themselves.In case this triad, instead of self balancing, begins accumulation of power and competing amongst each other, the system gets weakened. If this trend continues over a period of time, democracy’s credibility is eroded.In India, the three arms of the state are competing in the sphere of power accumulation.
12) The job of the legislature is to guide the executive from within the perimeter of the constitution.The legislature, under no circumstance can violate the borders framed by the constitution.The brief of the constitution is to control the legislature.
13) Resultantly, the authority to amend the constitution cannot be vested in the legislature. This is a grave error.In India, the legislature has misused this error to further its agenda on innumerable occasions.
14) The subject matter of a constitution is a sociological matter, so sociologists must arrive at content conclusions. The language of a constitution is a political issue, so politicians can formulate its language.Sadly, both the content and the language of Indian constitution were decided by politicians. Sociologists were not consulted. Even tall men like Gandhi, who represented a harmony between sociology and politics, were sidelined.Due to this, the parliament was accorded the status of Custodian rather than a more logical status of Manager. Furthermore, this custodianship was enacted for perpetuity which smacks of a conspiracy. We, the people of India are unto this day serving that sentence.The sociologists of this nation need to brain storm and arrive at some conclusions.
15) The constituent assembly displayed exemplary partiality in making The State unilaterally powerful. Its high time sociologists come together and redefine the boundaries of the state and the society.

Karpuri Thakur

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