Democracy, Governance and Military : Time to introspect for filling trust deficit

Role of Military has never been in dispute to protect the sovereignty of the India. India, where the balance of power is effectively distributed under umbrella of constitution. Democratic set up of Indian governance has never been in question like our Neighboring countries and even role of Indian Military has been well confined and crafted .Therefore, we have never witnessed any cross line of Military and the government but the present clash between Army General and the government is very unusual. Here neither I am trying to make a point that who is at fault or not, nor I have any doubt about the correctness of our Army General’s age but merely trying to see this issue in view of its possible futuristic affect on the governance, healthy relations between Military and Government.

Discussion of good governance is incomplete without reference of democracy. Democracy is obviously prime method and end of governance. If Democracy is life of Good Governance, Speech and expression is its soul. Speech and expression may be used for different reasons and/or by different medium. Right of speech and expression is not absolute but is subject to restriction like slander, defamation, contempt of court or any matter which offends against decency or morality or threat to security of state. Sometimes, the immediate purpose behind particular sppech and expression may differ but ultimately it only lead to strengthen root of democracy if it is exercised judiciously. Therefore there is direct nexus as right of speech and expression strengthens democracy and democracy secure sovereignty and security of nation. Democracy and the Sovereignty do not contradict each other unless it is looked beyond the ambit of welfare of state which is very object of the establishment. Democracy specifies the type of governance but sovereignty protect the governance from the various alien forces. Here it is pertinent to mention that in order to protect the sovereignty, Army is essential to established and maintained.
Democracy and democratic principle is very wide term and must have long roots to ensure the ultimate goal i.e. welfare of people and state.

Coming to the present issue, finally after much speculations, in camera dispute and in studio (News Desk) debates, finally our Army General approached the Hon’ble Supreme Court against its own Government branding it as fight for his integrity and Pride. Apart from the legal issues and balance of convenience which is now in hand of court to decide. Here, I will not going to discuss the established set of judgments of Supreme court with respect of dispute in service age or the Jurisdiction of court. I am only discussing herein the issues other than legal.

First of all we need to understand that why this issue is so important and what is the affect of it. Here point of view of Army General is that if he does not fight for his pride and integrity , it will give wrong signal about his character and therefore , Army as well as civilian may think that General was not truthful. But here the question is even bigger than that. Here, there is a conflict between so called personal integrity and pride and the integrity and pride of nation. Here, General is not mere a person but is a position or office who is heading 2^nd largest Army of World and Pride of Nation. Army has only one school of thought i.e Discipline and Obedience. It is irony of the concept of speech and expression which is misread with individual right to approach court especially when the individual is Army general of Nation. Here the big questions are :

• Whether the individual pride and integrity is bigger than the national pride and sovereignty ?
• Whether the reputation of an individual is more important than the dignity and the pride of Office which he is holding ?
• Whether the Army General is complying with his service to the Nation and Indian Army properly in view of the Oath taken by every Army personal?
• Whether the Army general is setting bad example to his fallow officials and army men?
• Whether this issue is merely a question of his age or his fight extends to his right of continuance in his office for one more year?

We are hopeful that very soon the dispute will be resolved by Supreme Court of India but certainly will leave a scare in form of a question that why the Army General and the Government let their disagreement to public eye and even went one step ahead, and approached court which was not warranted.

Here I must say irrespective of the outcome of the court verdict, the governance is already defeated at the risk of trust deficit between the Military and the Government. It is very serious concern for us that why we have been lacking discipline in every walk of life and now this bug has started affecting the very institution which is based primarily on discipline, command and obedience and gives service for the safety of nation in true faith and allegiance to our law of land.

It’s time to serious introspection at the level of governance, at the level of office of Army general and most importantly at the level of individual conscience who is holding public office.

Waiting for Miracle

We all have heard number of stories of miracles of life, death, ambition, career, love etc. Hearing every stories and ridiculing it at face of it but wishing the same to happen to us , is very common among us. Hope lies and get germinated that our miracle is waiting round the corner or waiting for the right time to pop up, and everything will be ok thereafter.
we prefer to hang on to the illussion of Happiness and concept of happily thereafter. Our ancestors were very clever , they used to tell stories with happy ending to cause to germinate blind faith in us and this remains alive in us till our death. This faith is so strong that it not only gives us hope for this life but we hope for our betterment in next life also . Only few among us dare not to believe on this blind faith or impossible miracle destined for us. If that person achieve leap of success , we brand him as Hero and clap for him by sitting at our place and thereafter convert his struggle and success story in to a new Miracle and again we starts waiting for a new miracle.
....... waiting waiting and waiting .

Excuse of law: State and its subject

As a student of law , I am aware that one cannot be excused taking excuse of being ignorant of Law. It is legal presumption that the people or the subjects of law are aware of the law in force in the state having legal sanctity. Even common man who has barely time to think beyond the box of their liability or struggle of Existence , is presumed to be aware of each and every public laws. If one is doing anything in contrary to law, even if unintentionally he is subjected to or has to face the consequence of the breach of law. But the protectors of the law or in better words guardian for the enforcement of law , who are well aware or well read of the laws in force , has given privilege to give excuse in certain cases. The sanctity of this legal principle cannot be questioned and i am very optimistic and faith in the Courts to apply this principle with juristic mind in view of the fact and circumstances of each case.

But I am really suspicious for the misuse of this principle by the executive like Police officials and their way to take the matter or deal with the matter without any application of judicial mind or in better words in absence of judicious approach which is very commonly unavailable in them. Even in most of the case , the executive also has privilege to get rid of their excessive exercise or pursuance of the matter, eve when it is not warranted.

My purpose of writing this is that I have seen the rigid approach of executive towards implementation of the law and privilege of them to get rid of it easily unless the aggrieved has power to take up the issue against them , which is very rare in common people, who has lots of worries for their existence as well.

Yesterday, a man was beaten by police official in metro merely because due to excessive crowd in metro rail , he was trying to came out of the gate of lady's compartment. Even few ladies was saying that he was not doing any nuisance . but the police official was adamant to give him punishment even though the act calls for mere a fine.

I don't know whether the beaten person was a common man having that much power to pursue so he can pursue it against that police official or not; but when the Law Enforcing Body acts like this...... How the legal sanctity be maintained ???

Nehru stadium and India: Parallel Approach of Authority

India; from where to begin, let's begin from the hope of the country at the time when the country saw the light of freedom in midnight of 14th August, 1947. In spite of wound of Indo-pak Division, countrymen was hoping for a nation with "swaraj" where all governance would be in hand of our own people and dreaming for "Ramrajya" i.e welfare state. Slowly this dreams has been started broken after passage of decade after decade. We people of india passively supported our Our Politicians to treat our country like termite.
The current state affairs of the country is completely a nightmare in view of the dream forseen by the nation at the time of Independence after 200 years.
I am only going to place my point here that the biggest role in the state of disappointment and distasteful state of affairs is the approach of authority to serve their "BOSS" than to serve society or citizen. People of India is started treated as merely a Voter who is only required at the time of election and thereafter conveniently sent at back burner.
Nehru Stadium was renovated and re-inaugrated at the time of CWG games with huge expenses but the position of it within 1 year is compatible to the status of country over the period of 6 decades and even the reason for the effect is same. Spectator in Nehru stadium in a recent function at Nehru stadium was same as condition of commonman in India,role of authority gets over after getting payment of ticket as the duty of the politocal representatives gets over once get elected by the voter.
Hope that the countrymen will able to stop dreaming with closed eyes and open up their eyes for the progress of the nation.

The Great Comic Errors in History of Indian Democracy:

Election Commission has ordered to cover all statutes of Mayavati and Elephants which is amounting more than a crore cost itself. Crores has been invested for these statutes at cost of development and now crore to cover it for time Being. Its win win situation for so called guardian of Indian Democracy:

• Election Commission has become "Hero" by this Revolutionary(in comedy) step
• Opposite Parties are happy to see covered face of mayavati.
• Mayavati and her party happy to see people's curiosity and diverted issue of Development fatigue in state.

But who cares for the interest of nation and people of U.P and Nation. Even people also don't take their power seriously and even not seems to bother , but that issue will be discussed by me in some other post. Hope to see rising a new hope for the people of U.P after Election.
Shashank Shekhar Adv.