Tuesday, March 20, 2007

are VVIPs above law ?

FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES IN INDIA Let the Legislators of states, members of parliament, High courts & Supreme Court Judges & other constitutional functionaries answer the following questions which are vital in a democracy. 1) What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ? 2) What are the privileges conferred on legislators & parliamentarians by the constitution of India? a) Inside the House b) Outside the House 3) What are privileges conferred on constitutional functionaries, like a) President of India b) Prime Minister of India c) Chief Justice of India d) Chairman of NHRC e) Central Vigilance Commissioners. 4) Are the privileges legal immunity conferred on above mentioned constitutional functionaries ? a) Cover all their official actions irrespective of merit. b) Cover both their official & personal actions. 5) Are the privileges defined & codified ? 6) Are these privileges above freedom of the press ? 7) Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ? 8) Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ? 9) Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ? 10) Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ? 11) Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House. 12) Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ? 13) Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official's secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges ? 14) Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ? 15) By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer's money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ? 16) Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more valid) in a democracy ? 17) If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ? 18) While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ? 19) Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.? 20) Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ? 21) Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation" ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?. 22) What is the criteria for admitting a P.I.L. & giving free legal aid ? 23) Communication - free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?

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