Showing posts with label Duties. Show all posts
Showing posts with label Duties. Show all posts

Saturday, August 27, 2011

On Parliamentary Despotism & the Rise of Democratic Oligarchy

Complacence of the Indian Polity has led to the Rise of a Democratic Oligarchy and has resulted in Parliamentary Despotism. Our elected no longer represent the electorate's interests, primarily due to the electorate's self-induced slumber. However, when the spell of this slumber is broken a stalemate is reached; where the "representatives" do not want to yield to the political supremacy of the Polity, refuse to work in the interest of the People, but merely find it their duty to continue their control of the State, wield their powers without paying heed to the purpose of its grant. The disturbing fallacy then results and eclipses the bright sun of democracy where the means to the end become the end unto themselves. The Electorate on the other hand of such a stalemate seeks accountability, compliance and a return to the call of duties of the State.

History teaches us the drastic fall outs of such stalemates - The American Revolution (primarily a fight against virtual representation, the "No Tax Without Representation" Slogan) and the Indian Struggle for Independence (Purna Swaraj - complete self rule), both bringing about a re-institution of the Grundnorm (narrowly construed as a nation's Constitution).

The current Political Stalemate has now forced us to consider our options, whether to re-institute the Grundnorm, that has served us so well during the era of judicial activism, or retain this archaic machinery only to be reoiled with enactments that bring about transparency, accountability and honesty and weed out corrupt grime that has made the running of this leviathan politically, socially, and economically inefficient.


Saturday, April 16, 2011

Four and a half Months & Change ...

A lot has happened since I last wrote. It has been 4 and a half months. Civil societies around the world have risen against something or another fueled by Wikileaks, an organization that is not a non-profit, nay a NGOs but a hand-to-mouth whistle blower, the sole Kaiser of which just sold himself, actually his autobiography, for securing running costs for the organization. "Truth in the face of total annihilation" is something that has caught up faster than the Beatles.

Where does this "nothing to lose" attitude spawn from? One would ask! Ask the student who is demanded a capitation fee from the university or college he just got through on his own merit standing at Jantar Mantar, the litigant whose writ petition has been rejected just because the judge's children study in the college or university he had hauled under the Indian Constitution for breaching his fundamental rights, the honest private sector employee who refused to bribe government officials to secure a tender, or the fourth standard student who missed the highest grade just because another child's mother was the teacher's kitty socialite.


Machinery runs in accordance with the Type and Quality of Lubricant:

Responsibility is the heaviest upon Law Firms, CA Firms, Investment Bankers, Audit Firms, and the like, to become CLEAN & CORRUPTION FREE. They are the most influential upon political & bureaucratic corruption!!!

All of us who work at such places can begin by (non-)co-operation with our employers/firms towards this goal, COLLECTIVELY.



Our Foe, Our Intelligentsia:

M.K. Gandhi's non-cooperation would be met with non-cooperation from the Indian masses in today's India, as we have evolved into a thinking not doing society!!!

After the freedom struggle was over, Gandhi called for INC to be dissolved as its work was done. He proposed "a village as a unit of economy" model for growth, what Anna has done at Ralegan Siddhi. Gandhian principles were never crystallized, even by the Man. He used political structure to meet the ends of realization of Truth & Morality. Reverse logic would be as much un-Gandhian as asking for Anna's blood by the Indian intelligentsia, the same people who have allowed Truth to be subverted and Morality to decay, just so they could engage in discourse so slow that the lethargic bureaucrats acted faster and passed them by, each time they open their mouth to brain-storm. For Gandhi, Truth & Non-violence were the ends, such ends to the achievement of which he would strive and use various techniques ... yet he never crystallized his theories for guiding people that would come after him. Truth & Non-violence were the basic social, political and economic building blocks for Gandhi, that would create a fair, just and civil society - this is all he did crystallize. Gandhi's successors have to merely keep the truth & non-violence in mind, and do what is necessary to achieve a fair, just and civil society through political action.

This said, I personally feel partisan politics, just as it has done disservice to Obama's plans (some noble, others radical, yet required) is equally harmful for India as it misplaces loyalties of a politician, that should lie only with the interest of the electorate, not with that of the party, as the latter is nothing but a vehicle to be readily discarded when hard decisions of national and public interest have to be made. However, here in India, post Gandhi, the vehicle has become its very own self serving end, at the cost of the real end it seeks to achieve!!!

It is an irrefutable truth that Civil Disobedience got us our freedom ... now when its time to reinforce our freedom from corruption, we start questioning civil disobedience in the face of our very elected governments becoming unscrupulous & the legal checks collapsing under the weight of its own decadence!!! Guess we did not deserve any freedom in the first place! Civil Disobedience is nothing but a form of respectful disagreement after all. How can it be bad?


Anti-Corruption: An Attitude that Needs Sacrifices

Corruption can not be weeded out by laws, but by change in human nature and attitudes. Creation of more and more institutions just burdens the exchequer and the tax payer. It results in no real world benefit. The Consumer Protection Act, the Competition Commission, Maintenance and Welfare of Parents and Senior Citizens Act, 2007, SC/ST Commission, Food Adulteration Act (now the FSSA), TRAI, SEBI, etc. are mere double edged swords like the institution of democracy itself. The rich and the powerful have and always will control the destinies of others unless the others collectively change their attitudes. We as middle class citizens never think twice when bribing our way out of a traffic challan, a driving license test, an Income Tax notice, or for that matter we as lawyers bribe in the name of securing our client's interest in courts, tribunals, PTOs, consumer fora, etc. We should start taking responsibility of our actions and should also begin to consider the spiral effects of those very actions in the context of the larger good.

It is only we who can stop this spiral effect, that shall in time reflect in the type of legislators we choose. However, today people actually find out about their NETAS, how they might be related/connected to the politician and how can he make their problems go away, by hook or by crook.
This is the democracy we live in. It is not what our Constitution envisaged and if it did the words of the American Constitution should remind us:

"But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and provide new Guards for their future security." -- The Declaration of Independence (July 4, 1776).

A Democratic setup of the so called "checks and balances" is for an orderly society and not the other way around. When governmental despotism sets in, even in a democratic setup, the very fabric of the Grundnorm needs to be rethought and rebuilt. Symbolic gestures such as that organized by Anna Hazare at least challenge the monolithic foe of corruption that we have perpetrated. M.K. Gandhi too questioned the very norm that governed us, rather than working within the British Legal Setup for India/Indians. Changes sometimes come by working within the box and sometimes out of the box. The latter is warranted when the very premise of such a box has become decadent and ceases to serve the ends it was supposed to meet and begins to serve its very own existence.

I have always maintained the view that it is always better to be ruled by a virtuous monarch, a true leader that people are inspired by and look up to, rather than being driven like cattle by a bunch of incompetent, directionless, selfish, squabbling, parochial, regionalistic, buffoons. People that support the latter view are nothing but opportunistic vultures at a carcass party, the carcass being the interest of the people of India.


The Nature of Good & Evil:

My experience has hardened my belief that Evil by its very nature is efficient and precise, driven by an iron-handed command; BUT Good is weak and democratic, always trying to incorporate varied interests and thus breeds non-compliance and dissent. For instance, in Libya, Kuwait and Iraq Human Rights was a Trojan horse to diminish the Truth. It is then, that those human rights asserted at that instance, are not worth the humans who deserve it, as nothing based on lies is long lasting, not even justice.

After all, it was Chanakya who replaced the Democratic Janpada System, that was ridden with corruption, by a Virtuous & Just King, a leader to lead the people against Evil doings. I thus believe that it is sometimes imperative for the sword to dictate Good when Evil is organized.




Saturday, January 1, 2011

Blackest Berry in the basket ...

The New Year begins with us staring down the abyss over the tip of the privacy iceberg. Once RIM allows GOI an all-access-pass, it shall crusade through all other operators across 3G, 2G, WiMAX, broadband, and all conceivable communications technologies in the name of terrorism. Unbridled power creates despotic ramifications that would be very hard to handle by the end consumer. Our Constitutional existence shall be put aside for the Pentagon way of life.







References:

BlackBerry denies India email access deal as struggle continues

India This Evening: BlackBerry Says India Can't Access Encrypted Data





Sunday, October 3, 2010

Salvage Inc.

The flag has to be borne by someone. So the soldiers of open source march on without Oracle!!! It is sad that Oracle does not think OOo to be worth its while. Yet the believers still strive to compete against M$ Inc.




Reference:

Future Ubuntu Releases Will Ship with LibreOffice an OpenOffice Fork





Wednesday, July 28, 2010

Jail House Break!!!

The DMCA does not crack down as expected, but Apple has surely been bitten by the Copyright Board ruling on Cellphones, both for adding unapproved software installation as well as untethering of phones to run with all operators. Let the free market rule, without any anti-competitive measures forcing the consumer, who has ownership rights over his phone, to give-up his usufructory rights. Sadly of course, violation of contractual terms, thereby voiding of warranty, has not been held as a conscionable violation, merely the DMCA Copyright violation has been waived, so to speak!!!





References:

DMCA ruling supports smartphone jailbreaking, unlocking

Copyright Office OKs iPhone 'Jailbreaking'

Jailbreaking the iPhone: Not a Federal Offense

iPhone Jailbreaking: Legal, but Dangerous

Monday, July 26, 2010

Irony of Freedom of Information vs. Democracy!!!

By the People, For the people, yet not telling the people!!! Never has it been so drastic with the WWW as a medium of truth.

As rightly pointed out in the opening credits of The Clone Wars Series: Truth enlightens the mind, but won't always bring happiness to your heart ...

Thursday, May 20, 2010

War of the Roses: Battle Lines Drawn

Now it seems clear, a waste of effort on part of MS & Apple, howsoever apart their goals might be, that the new age is not theirs for the keeping, since Google pretty much owns the commanding share of web content search, management, and formatting. Given Google's commitment to net-neutrality, MS & Apple sure would have a fair chance, but that would also be on the Google turf. Adobe's prudence in being on Google's turf on strategic terms would sure pay-off in future, despite being as closed as Apple and MS themselves are!!! Its now just about taking sides: Google or Anti-Google ... such a determinate factor this ... eh!!!





References:

Is Google's WebM a game-changer or a big mess?

Monday, March 29, 2010

Neutral Ground disturbed ...

Net Neutrality is something that has never been enacted upon and is the classic example of Social Practice as a law unto itself. However, Airtel has sadly tilted the balance for the first time in a country where, as it is, this principle is not only unheard of, but also uncared for!!!



References:

Airtel Ad on Youtube Taints Google's Net Neutrality Efforts


YouTube Caught in Net Neutrality Flap in India






Wednesday, March 10, 2010

Apple of Deceit ...

The Devil works its ways through the apple once again!!! Trade related restrictions upon partners is not only abuse of dominant position but also a road to take over the universe like Darth Vader! But little do we all realize that Apple has already made us slaves by selling us bare bones and thereafter requiring us to run those bones with purchased muscles, skin and the works at its app store.

Apple also restricts access to open source developers to develop freely executable applications for its operating systems/embedded software.

I hope to see the Competition Commission of India taking a peek and wrestling with this sumo Apple for exacting fairness.


References:

EFF Breaks Down Apple's App Store License

EFF posts Apple's Iphone SDK licence terms





Saturday, February 20, 2010

Enforcing freedom ... to be free

One of the major landmark settlements and probably a de facto precedent, the enforcement of a dream seems to be coming true. Law is now being used to free the once constrained and fettered premises that law itself imposed!!!



References:

A Big Victory for F/OSS: Jacobsen v. Katzer is Settled

Settlement in benchmark case means FOSS licenses can be enforced





Monday, February 1, 2010

iCompetition Freak ...

With hardware restricting competition by not allowing other software to be run on it, I think its time we reassess our competition law strategy. Its very akin to Windows coming preloaded with Internet Explorer and Windows not supporting any other office suite other than MS Office!!! Composite embedded software and appliances utilizing such platforms should now be checked as they have grown beyond cellphones into smart-phones and now have evolved into cell-pads (iPhone into iPad). The Adam is a more competitive and acceptable equivalent to this evolutionary chain.



References:

Apple iPad will choke innovation, say open internet advocates

Tuesday, January 26, 2010

The Meaning of Self Governance ...

all celebrate the adoption of the Constitution of India today but in fact no one has ever celebrated the Constitution since its inception ...

a true celebration entails practicing its tenets in our daily lives ...




Reference:

Kiwi school stands up to government and Microsoft


Tuesday, January 12, 2010

Copyleft Extreme !!!

Copyleft was the anti-thesis to Copyright giving birth to the Open Source Movement, but now there is a new anti-thesis to Copyleft, thus creating propriety redundancy!!!


Reference:

The Unlicense: A License for No License








Wednesday, December 23, 2009

Monday, November 9, 2009

Bond like the best ...

James Bond, the epitome of the debonair, dashing, suave, philanderer, womanizer, decadent, indulgent, macho, technologically geeky and all that associated jazz. He has inspired a host of Rado Wearing, Aston Martin driving, Bollinger drinking and caviar eating hedonistic generation.

What our culture has failed to adopt from that very character described above is his honesty, loyalty, strong sense of honor, sincerity and integrity, despite his meager salary, and being surrounded by red tape and pompous politicians. He signifies the ultimate weapon of justice, wielded by the MI6, yet his license to kill does not corrupt him into making arbitrary, false or biased decisions.

We humans are very easily blown away by superficialism and most often than usual choose the easy path to glory and success, that hurts no only the weak and un-empowered, but also the deserving and honorable.

The recent Commonwealth Games 2010 at Delhi is a perfect example of how our environment is being sacrificed for the sake of conforming to the superficial, while ignoring the actual need for green cover in Delhi.


References:

SC panel nixes covering of storm water drain for Games


MCD damages 50 trees on Lodhi Road








Thursday, October 1, 2009

Truth about Virtue ...

M.K. Gandhi's greatness is marked by virtue that may be described as under:

Virtue is never in her proper element but when death and danger seem to have hemmed her in on every side; she scorns the prize whose purchase requires not the use of all her nerves. Imperia dura tolle, quid virtus erit? (Remove the restraints of law, where will virtue be found?) saith the Tragic. Inveniet viam, aut faciet: wheresoever she become, she will either find a way or make one. No calamity is of power sufficient to bring her under. This majesty alone knows what it is to suffer check; it can neither be elevated nor dejected. Her greatness, like the highest heavens, is always firm and without clouds. Are you desirous to see her? You shall find her in the temple, in the market, in the court; you shall find her standing at a breach or scaling of a wall, her garments dusty, her countenance all tanned, and her hands as hard as iron. Wherefore, whosoever is possessed with her, let him prepare himself for dangerous assaults.


-- Daniel Tuvill, Essays politic and moral, and Essays moral and theological, (John Leon Lievsay, ed.) (Folger Shakespeare Library, Univ. Press of Virginia, 1971) at p.43.

Existentialist Futility!!!

Why bother about water in Moon, is there a water pipeline planned from there; are we now going to run it dry!? Futility of our civilizational efforts is all around us when all we need is a joint effort to eradicate the earth of more important things as hunger, thirst, inequality, pollution, oceanic submersion & the like.




References:

NASA Wants to Mine Moon Water

Porsche launches Panamera in India

Samsung India bets big on touch screen mobiles

Upcoming Bugatti Galibier 16C to carry a price tag of $1.44 million

Ape Man? Researchers Spot Legendary Orang Pendek in Sumatra




Saturday, September 19, 2009

Finest Dawnsong!!!

One of the finest decisions since the pulling out of Iraq, Obama has once again shown an intellectual commitment (rather than a testosterone driven) to International relations. He decided against reaping by not sowing!!!

We are living in the times of a living legend; Abraham Lincoln, M.K. Gandhi, and Chanakya were the only finest people in whose eras one would live and feel that there is still hope for change of heart, change of policy and deliverance from decadence.




References:

Russia Defence Min: No need now for missiles in Kaliningrad

Obama Missile Plan Wins Russia Praise, No Iran Shift






Sunday, August 2, 2009

If a spade can dig, so can a shovel, if the soil is loose and unsettled ...

The Agricultural Produce Market Committees are marketing boards established by the state governments of India to facilitate farmers to sell their produce to the APMC and get a reasonable price for it. However, due to middlemen creeping in, the system has become so profiteering that the ultimate price to the end consumers is more than 100% of the price of procurement from the farmers!!! It is also illegal to circumvent an APMC under state law. But due to political reasons, the Shiv Sena has shown that circumventing the system can enable them to sell agro-produce to the end consumer at 1/2 the retail market rates, without affecting the agro-procurement prices or the nominal profit margins.

This development poses a very interesting intersection of law, politics, consumer interest, constitutional duties of governments and above all the duty to serve by upholding justice (that may or may not include upholding the law!!!).

As it has been rightly said, Law is merely a tool, if its breaking serves the purpose, so be it.




References:

Eyeing vote gain, Shiv Sena sells veggies at no-profit-no-loss rates

Sena members stage protest against price rise





Saturday, July 25, 2009

Is it not scary?! ...

I'm gonna be
Exactly what you wanna see
It's you whose haunting me
Your warning me
To be the stranger
In your life

Am I amusing you
Or just confusing you
Am I the beast
You visualized
And if you wanna to see
Eccentricalities
I'll be grotesque
Before your eyes

Let them all materialize

Is that scary for you baby
Am I scary for you oh
Is it scary for you baby
Is it scary for you

You know the stranger is you
Is it scary for you baby

Is It Scary?, Michael Jackson, Blood On The Dance Floor (1997)


A few words, true to the situation at hand. There is so much to talk about and think about after the brave Delhi High Court decision in NAZ Foundation that people even from humble backgrounds are taking bolder steps to step up to what they really prefer and want. Is it not scary for the traditionalist-moral godfathers who have kept things under wraps and ruled their communities with iron hands to see their fiefdom swiftly slip away?





Reference:

Married woman marries her 'girlfriend' in west UP