119 years of Trust M A I L B A G THE TRIBUNE
Friday, May 14, 1999
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Gaps in the Constitution

MR Hari Jaisingh’s article, “Gaps in the Constitution: time for a fresh look:” (May 7) takes me to Dr B.R. Ambedkar’s prophetic words: “If things go wrong we will not say that we had a bad Constitution. What we will have to say is that man was vile.”The framers of the Constitution could not visualise the fragmentation of the polity, the growth of splinter groups with sectarian interests, the rise of the hytra-headed monster of curruption, etc. Even if, as observed by Dr Subhash Kashyap, the Constitution-makers had drawn inspiration from Gandhian views — service before self and austerity — and Jayaprakash Narayan’s “Total Revolution” and “Antyodya”, it would have had no meaning for certain types of politicians whose only dharma is treachery and corruption.

Shockingly, corruption had opened its face with the 216-crore financial scandal that implicated India’s first High Commissioner to the UK, Krishna Menon. The nation was then looted and plundered by Indira Gandhi, Rajiv Gandhi and Narasimha Rao.

Sundry amendments to the Constitution have no meaning today. I share Mr Jaisingh’s agony: “My only regret is that its thorough revision has not been initiated.” It’s time we emulated the Swiss who totally revised their 1848 constitution in 1872. Law and judicial procedures need a total change to dole out speedy and strident punishment to the corrupt.

S.S. JAIN
Chandigarh

POLITICAL CRIME: The experience of the last 50 years has proved that the Westminster model does not thoroughly go with the ethos and genius of India where basic dishonesty in the thinking and perspective of the political leadership has only encouraged fragmentation at every level of socio-political life in the country.

With political crime and corruption playing a dominant role the national polity stands vitiated and fragmented on casteist and regional considerations. Ambiguities and anomalies in the political system of governance have grown so much that every politician seems to run a political party with or without any following and representation in Parliament.

The present political stalemate and the forced general election are only an outcome of the irresponsible behaviour of the political leadership as it is also indicative of the state of drift in the polity. The question at this juncture is not just the role of the President or the duties of a caretaker government. Nor do we need just to decide the mandatory life-span of an assembly or the Lok Sabha. The whole Constitution needs a thorough review.

VED GULIANI
Hisar

HELPLESSNESS: In 1948-50, when our Constitution was being drafted, the country was surcharged with the sacrifices of freedom fighters, and martyrs. At that time probable rulers were freedom fighters first, and politician last. Therefore, every protective clause was added. They were for the nation, and never vice versa.

The withdrawal of support since 1979, has been the cause of mid-term polls. Though every act has been within the framework of Constitution, there always a question mark on the logic.

No Indian wants frequent elections. But when the wishes of politicians are involved the voter is helpless. So all gaps in the Constitution should be filled with fresh amendments to prevent mid-term polls.

HARI OM MITTAL
Ludhiana

VOTERS AS A FACTOR: The observations made by Dr Subhash Kashyap, former Lok Sabha Secretary-General, about the makers of the Constitution are worth noting. But he has not said anything about their intentions. They had no legal or moral authority to frame the Constitution.

The 1945-46 elections were fought by the Congress with the promise to the people that “Pakistan could be created over their dead bodies”. After accepting the creation of Pakistan these “dead bodies” had no moral or legal right to make the Constitution for those whom they had betrayed.

Without going into the technicalities of the Constitution for providing a stable government, it can be said that those who are indulging in dirty politics would find some other loopholes if the Constitution is amended to plug the gaps. The most powerful factor is the voters. The Constitution does not make any difference between a most stupid, degenerated person and a very wise and moralist person. Both are equal in the eyes of the Constitution. How can such a Constitution give good government?

ANAND PRAKASH
Panchkula

Delhi Police Commissioner's appointment

This refers to an item in the "Delhi grapevine" column by Hari Shankar Vyas published in the Sunday Tribune (May 9).It has been mentioned in the item that "I had decided to try my luck through a well-known burfeewallah to become the Police Commissioner of Delhi. The deal was struck wherein a large sum was to exchange hands even before the appointment and then a monthly amount was to be fixed...."The above-mentioned item is not only defamatory, mischievous and malicious but has also been published with a motive to malign me in the eyes of the general public. I was rather amazed to learn from a friend that such a mischievous item has been used in your esteemed daily with the intention to harm my reputation in the eyes of the esteemed readers and to give them the impression that I am a corrupt officer who should not be considered fit for any responsible position.

This item is also likely to prejudice the opinion of decision-makers and will adversely affect my career prospects not only for the post of Commissioner of Police, Delhi, but also for all other postings in future.

I may mention that I am an Indian Police Service officer of the 1966 batch, Arunachal, Goa, Mizoram and Union Territory cadre, at present serving as Director-General of Prisons, Tihar, New Delhi. Mr V.N. Singh is of the same seniority. He became the Commissioner of Police, Delhi, last year as he was senior to me. I am the next incumbent who is likely to be considered for that post as and when Mr V.N. Singh is given any other assignment. I have an unblemished record of 33 years of outstanding service in the Police Department. I am also a recipient of the "Police Medal for meritorious service in 1983", "President's Police Medal for Gallantry in 1983" and "President's Police Medal for distinguished services in 1991".

This item has caused me tremendous mental agony. I am extremely shocked that a newspaper of the reputation of The Tribune could publish such an item against a responsible police officer without verifying the facts.

Ajay Agrawal
Director-General (Prisons)
Delhi

We offer our sincere regrets for the publication of the item.
— Editor

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Forest fires in Himachal

The widespread and ravaging forest fires in Himachal for the last over a month have annihilated vast areas in the state.

The government though claims to be engaged in fighting out these fires with all the resources at its command, it does not seem possible for the administration to combat these flames with its scanty ways and means single-handed. The state government has urged the Centre to make available to it immediately all possible help for extinguishing these fires.

Jungle fires are a normal phenomenon which devastate rich forest wealth and badly disturb the ecological balance in the hilly areas. Therefore, the state, besides taking all the possible preventive measures for mitigating the fury of the forest fires, in all seriousness, should consider some permanent remedy for tackling this gigantic problem.

Very big chunks of uncultivable and barren land are lying uninhabited. In the given conditions, when highly inflammable pine needles or dry cheel leaves catch fire in some remote area for any reason, the wild winds carry the furious flames all over and annihilate everything in seconds, much before someone reaches there to witness the destruction.

It would, therefore, be in the fitness of things if the state government, in all seriousness, takes a policy decision for inviting and encouraging willing people from the neighbouring states for settling in the arid areas by providing them proper incentives for the purpose.

COL. TRILOCHAN SINGH GREWAL
Mohali

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