Most of the literate people themselves wouldn’t be able to differentiate between these two. If the literate themselves do not know the difference, what kind of an informed ‘choice’ are the balance 30% going to make at the time of voting in a Democracy?
Should they know the difference? If the people knew the difference, would their choice be any different? In case it is different, on what count, would it be different? Yes, I guess.
Firstly, through Article 162 of the Constitution of India, the Executive power of the States is defined. This is merely to carve out the areas in which the State could exclusively act, those areas where it has to act along with the Union, and those areas which are outside its scope.
If we read Article 53 of the Constitution, the Executive Power would not be thus circumscribed as the Parliament has the Residual powers, as such the Executive Power cannot be circumscribed or defined, as the Parliament is empowered to act in areas unenvisaged as yet, but provided for a contingent situation.
Therefore, the True meaning of ‘Executive Power’ has to be discovered from Art 162 only. Which is ‘Executive Power is coextensive with the Legislative power within its competency’.
162. Extent of executive power of State.
Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws:
53. Executive power of the Union.
(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
I’ve reproduced part of the two Articles for reference and it can be noticed that the Executive Power of the Union is not clearly defined, as the wordings of the Article would have become clumsy if one had to detail the residual powers also.
Therefore, for the understanding of a layman like me, the Executive Power of any authority would be circumscribed by the Legislative Power it has been vested with under the Constitution.
So, what is the difference?
Aristotle said this:
‘It is more proper that law should govern than any one of the citizens’ and upon evolution of this idea through Locke and Dicey we have the Rule of Law.
But Laws have to be made by human beings and that body of Human beings are the Legislators. It is they who are required to be elected in our great Indian democracy. We don’t elect Executives, we elect only Legislators. Or to put it even more lucidly, we elect the Law Makers and not the Ministers.
The Ministers are a body of Legislators who enjoy the majority support of the Legislature, whether it be the Parliament or the Assembly. These Ministers are the ones who perform the Executive functions in the name of the President or the Governors.
Therefore, when we elect, we elect people to do the primary function of making laws. These laws cannot be discriminatory and should have universal applicability with reasonable exceptions carved out as mentioned in the Constitution as Directive Principles of State Policy or even as exceptions in some of the Fundamental Rights, otherwise those Laws run the risk of being struck down as offending the Constitutional guarantees or even its Basic Structure.
So the Executive has to be a Legislator FIRST, therefore, it is imperative on the part of the electorate to decide the competency of a person as a Legislator before considering any other aspect.
If a Julius Caesar were to use his techniques he employed with the Gauls against the Romans citizens, there would be order and peace for a while but no true Growth.
True growth means even getting to employ the differently abled and the weak into the machinery of the State or the Nation and providing them the wages not according to their productivity but according to the effort put in by them.
I am very impressed with Bharat Petroleum, as they employ persons with limited understanding to just fill gas and note the reading and collect the amount shown in the meter. The effort those young boys put in, to perform those basic functions are no less contributory than the skilled workers. We, as a society have salvaged, a person from getting ghettoised and marginalised from the dungeons of his own house, where he could be seen as a burden. Having been made an earning member, Bharat Petroleum has fulfilled not CSR obligations but a duty as a member of the Society.
We need Legislators who are capable of distinguishing not on grounds of materialism like Productivity alone but providing ways of livelihood for the deprived and the disabled, without compromising on recognising and fostering Merit and the Meritorious.
When we understand this we will not turn to Legislators who make rabble rousing speeches but to those Legislators who are capable of taking other Legislators along on a sane and fair path to make Laws and find ways to implement the same justly.
Voting is a Right in a Democracy, but to vote rightly is merely an option. Don’t waste it.
Posts tagged ‘democracy’
This is the best coinage which describes the politics of FEEDING THE MEDIA WITH VOICES OF THE HAND-HELD TOY OF THE VENTRILOQUIST and COUNTERING THAT VOICE OF THE TOY WITH THE VOICE OF THE VENTRILOQUIST CHIDING THE TOY FOR HAVING SAID WHAT WAS APPARENTLY SAID BY THE HAND-HELD TOY!
Still for those who have not understood the SKILL, the VOICE BOX is the same but the VOICE is modulated so as to seem as if the voices which emanate are from different SOURCES!
When the CONSTITUTION of India was reduced to WRITING every effort was made to ensure that the LETTER is not made a route for the clever and the crooked to stuff it with their perverse spirit. But, it has been the bane of language that some clever crooks have hijacked the letter to accommodate their perverse spirit, from time to time, upon any matter which had been reduced to writing. When the Holy Books have not been spared, what sanctity could a Social Super-Legislation hold?
If DEMOCRACY is ascertainment of opinions of the people and then sieving the same with the experts and if found viable, then that legislation is to be carried through- as the opinion of the majority is accommodated within the constitutional framework and a law passed for implementation.
In VENTRILOQUISM, the ventriloquist is the GOOD GUY and the TOY in his hand is the cheeky, irreverent and shameless fellow. But the voice emanates from the SAME SOURCE, albeit having the illusion that they are DIFFERENT. As per the constitution of India, the CABINET headed by the PRIME MINISTER is responsible to the PARLIAMENT, which is the conglomerate will of the people. When the cabinet becomes THE TOY IN THE HANDS OF THE VENTRILOQUIST and the party becomes the VENTRILOQUIST, we have to know that the system has been PERVERTED. The CONSTITUTION has been perverted. There is every possibility that the will of the people would be trimmed or adjusted to appear constitutional whereas, in reality it the WILL OF THE FEW- a kind of OLIGARCHY with an epicentre lying outside the DEMOCRATIC CIRCLE!
Whether it be a party’s politburo, or a party’s Working committee or a semi-religious group or a family and its members, if they control the GOVERNMENT and NOT THE ELECTED MEMBERS OF THE PARLIAMENT OR ASSEMBLY, then it OUGHT to be called VENTRILOQUIST POLITICS! This is dangerous and deleterious to OUR DEMOCRACY.
I, as an individual do not have to agree or endorse the LAWS passed, but surely I HAVE TO COMPLY. This is because of the structure, but if the structure itself is undermined by EXTRANEOUS POLITBURO, WORKING COMMITTEES, FAMILIES and RELIGIOUS ORGANIZATIONS, then it is time to strengthen the CONSTITUTION of India, by asking the vote seeking CANDIDATES to STATE THEIR POSITIONS ON ISSUES OF POLITICAL IMPORT and not to be carried away by the parties which have been under the strangle hold of ideologies alien to democratic beliefs!
It is in this context that it should be seen, if a Cabinet which is more at the pleasure of a few, could send a bill to be passed as an ORDINANCE to the President and the very FEW, spew expletives against the ORDINANCE when the STRATEGIC REASONS for such an ORDINANCE is laid open for the world to see. The ORDINANCE route is an emergency measure and not a backroom door for the oligarchy to smuggle bills to appease its supporting “voices”.
THIS POLITICS OF VENTRILOQUISM SHOULD STOP or BE STOPPED , through DEMOCRATIC PROCESS by defeating such forces which believe in kitchen cabinets, strategic groups and think-tanks, which merely give the FORM of democracy, but have become cankers which have depleted the vitals of DEMOCRACY.
WE NEED POLITICAL LEADERS WHO COMMUNICATE, and when given a chance TO CARRY OUT whatever they COMMUNICATED. Not merely leaders who carry people with them and proffer a semblance of peace but leaving the effervescing underlying lava of communal disharmony, inequities and injustices untouched.
LONG LIVE INDIA AND MAY TRUE DEMOCRACY BLOSSOM!
What i love about Thamizhnadu is that there CAN BE no such thing called COLLUSION between the TREASURY BENCHES and the OPPOSITION. That is the only safeguard for DEMOCRACY. In the name of CO-OPERATION there are instances galore, where the Government of the day would make the opposition an accomplice to their doings. This could happen even if the OPPOSITION itself feigns ignorance as to why it AYED a motion! The common man is never gonna know about the SETTLEMENT reached between the legislators on top. AND THE LAW PRESUMES THAT ANYTHING DONE BY THE GOVERNMENT IS DONE RIGHTLY- to rebut that one has to produce the proof to the contrary. And, the STANDARDS OF PROOF is so stiff that there is no possibility of proving the same. In Thamizh Nadu there can be no such collusion between the TREASURY BENCHES and the OPPOSITION, as they are irreconcilably POLARIZED.
So the COMMON MAN in Thamizhnadu has and will INTUITIVELY choose two LEADERS who COULD never ever collude with each other.
It is a sort of PREVENTIVE ACTION.
If POLITICS is the ART OF THE POSSIBLE, then as a responsible electorate certain possibilities are to be PREVENTED. That preclusion, is in the interest of DEMOCRACY.
Once both the leaders get elected and are on top and outside the earshot of the public, their collusive whispers should not give sleepless nights to the electorate, because of their LEGISLATION and decisions . The people of Thamizh Nadu are clever, but how this is achieved considering the vast number of voters, is still a mystery to me.
I think there are certain FUNDAMENTALS to THAMIZH NADU politics.
ADI UDHAVIRA MADHIRI ANNAN THAMBI UDHAVA MAATAAN!
Roughly translated, it means NO BROTHER CAN HELP LIKE A SOUND HIDING! It means, to learn self-help techniques, the best way is to get hit!! If someone has the patience one should go through the following 3 links of YOUTUBE, which show a 10% vote-catching party supremo in Thamizh Nadu, VIJAYAKANTH, beating the hell out of his own party candidate who dared to climb the ladder in his caravan to correct Vijayakanth who , while introducing him to the local electorate, had called him by some other name. The TEMERITY shown by a candidate now (pre-election)- by daring to climb the ladder in the caravan- might result in CROSS VOTING, ACCEPTING FAVOURS FROM THE OTHER PARTIES, horse trading etc later. This bashing has a CATHARTIC EFFECT on the other candidates of his party more than the one who was at the receiving end. The second link shows VIJAYAKANTH admitting before another crowd, that if at all he had beaten anyone, then he was his own party man and not somebody else’. SO MUCH FOR DISCIPLINING which is the norm in Thamizh Nadu politics. The HIERARCHIFICATION is BRUTAL and RELENTLESS.
I am reminded of an anecdote: Napoleon was on his horse and the place was windy and consequently wind blew his hat off. Down fell the hat and no officer was around. You see, the French are very snobbish about their dress and they don’t appreciate people below a certain rank touching those, so Napoleon the General calls out the soldier and says to him “CAPTAIN, FETCH MY HAT”. So thereby the foot soldier got promoted. Napoleon promoted him to fetch his cap, but Vijayakanth humiliated him before giving him an opportunity to become a legislator. But in both the instances they received what they did not deserve!
The third LINK is for those who know English but do not know Thamizh.
So getting back to our DEMOCRACY, Thamizh people know that if you get the leader right, his FLOCK is sure to follow.
And Vijayakanth is not the only one who had done this or started this. There has been a story that a Leader summoned a person, who dared to get familiar with his girl (who is supposed to have been an actress then), to his resting abode and splintered his back. The same leader is supposed to have summoned then an up and coming Hero and harassed him to that extent that hero went mad (or feigned madness) for a while.
Another adage in Thamizh is : AYINDHIL VALAYADHADHU AIMBATHIL VALAYUMA? (what doesn’t bend at 5 will it bend at 50?) So i suppose the disciplining effect imparted on the juniors at a very early stage gets them to be more disciplined. They learn the hierarchical structure faster than the serfs who serve their Feudal LORDS.
Today (ALL FOOL’S DAY), DECCAN CHRONICLE has reported: Speaking at a meeting in Virudhunagar, Stalin said, “It is a common error on the part of party leaders to forget the names of their candidates, and normally people will rectify their mistake. But look at Captain, he started punching the poor young man who tried to correct him,”.
There is a saying in THAMIZH : AADU NANAIJIDHUNU OONAI AZHUDHUCHAAN (the wolf shed tears when the goat got drenched in the rains!). Stalin’s concern for the bashed seems more to keep up Stalin’s veneer of HUMANENESS, before the gullible men, women and kids!
Each is fishing for votes thru different means in Thamizh Nadu. BOMBAY MIRROR reports that Election Commission contended before the Madras High Court that cash was transported thru police vehicles! Does one call it an allegation when the Election Commission makes such statements before the High Court. And why did the defendant not ask for proof? – The TN Government knows that the Opposition in TN could not have done that, after all TN POLICE falls within the jurisdiction of the CM who holds the Home portfolio! So why insist on proof and get one’s own name sullied? GOOD MOVE. And why did not the EC bring out the proof and display it for the world to see? That is even more intriguing!
ALL THESE HUMAN RIGHTS VIOLATIONS MAY BE BAD FOR THE INDIVIDUALS, BUT IT WORKS WELL FOR THAMIZH DEMOCRACY!